88R6599 AMF-F
By: Swanson H.B. No. 2272
A BILL TO BE ENTITLED
AN ACT
relating to associate judges and Department of Family and
Protective Services representation in child protection court
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.201, Family Code, is amended by
amending Subsection (b-1) and adding Subsection (b-2) to read as
follows:
(b-1) Before reappointing an associate judge appointed
under Subsection (b), the presiding judge must notify each judge of
the courts from which cases will be referred to the associate judge
of the presiding judge's intent to reappoint the associate judge to
another term. Each judge may submit to the presiding judge a
recommendation on whether the associate judge should be
reappointed. A presiding judge may not reappoint an associate judge
to serve more than two terms.
(b-2) An associate judge appointed under this subchapter is
not eligible for appointment to and may not serve more than two
terms as an associate judge under this subchapter.
SECTION 2. Section 201.2021, Family Code, is amended to
read as follows:
Sec. 201.2021. QUALIFICATIONS. (a) To be eligible for
appointment under this subchapter, a person must:
(1) be a citizen of the United States;
(2) [,] have resided in this state for the two years
preceding the date of appointment;
(3) have successfully completed at least 25 hours of
continuing education in civil trial law, child welfare law, family
law, or child protective investigations and child protective
services programs; [,] and
(4) either be:
(A) [(1)] eligible for assignment under Section
74.054, Government Code, because the person is named on the list of
retired and former judges maintained by the presiding judge of the
administrative region under Section 74.055, Government Code; or
(B) [(2)] licensed to practice law in this state
and have been a practicing lawyer for at least 10 years and for at
least [in this state, or a judge of a court in this state who is not
otherwise eligible under Subdivision (1), for the] four years in
this state preceding the date of appointment.
(b) An associate judge appointed under this subchapter
shall during the term of appointment reside in the [administrative
judicial region, or a] county [adjacent to the region,] in which the
court to which the associate judge is appointed is located. An
associate judge appointed to serve in two or more courts
[administrative judicial regions] may reside in any county in which
one of the courts is located [anywhere in the regions].
(c) A person is not eligible for appointment under this
subchapter if the person:
(1) was a state employee for the Department of Family
and Protective Services or represented a party or a child in a suit
under Subtitle E in the five years preceding the date of
appointment;
(2) has been removed from office by impeachment, by
the supreme court, by the governor on address to the legislature, by
a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; or
(3) resigned or retired from judicial office:
(A) after receiving notice from the State
Commission on Judicial Conduct of the commencement of a full
investigation under Section 33.022, Government Code, into an
allegation or appearance of misconduct or disability of the judge;
and
(B) before the final disposition of that
investigation.
SECTION 3. Subchapter C, Chapter 201, Family Code, is
amended by adding Sections 201.2022, 201.2045, and 201.2062 to read
as follows:
Sec. 201.2022. CONFLICT OF INTEREST. An associate judge
appointed under this subchapter may not participate in any activity
a reasonable, prudent person would believe would create a conflict
of interest that impairs the associate judge's ability to act
impartially as an associate judge during the appointed term.
Sec. 201.2045. RECUSAL. An associate judge appointed under
this subchapter shall recuse himself or herself from presiding over
any proceeding involving a person or entity, other than the
Department of Family and Protective Services, that:
(1) the associate judge represented in a proceeding
under this code; or
(2) was a party to a suit under this code, other than a
suit under Subtitle E, over which the associate judge presided
before appointment as an associate judge under this subchapter.
Sec. 201.2062. COMPLAINTS ABOUT ASSOCIATE JUDGES. (a) A
person may file a written complaint against an associate judge
appointed under this subchapter with:
(1) the office of court administration or the State
Commission on Judicial Conduct, in the form and manner prescribed
by those agencies; or
(2) the regional presiding judge that appointed the
associate judge, in the form and manner prescribed by the presiding
judge.
(b) The office of court administration or the State
Commission on Judicial Conduct shall forward a copy of each
complaint against an associate judge appointed under this
subchapter that is filed to the presiding judge that appointed the
associate judge.
SECTION 4. Section 264.009(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), (c), or (f), in
any action under this code, the department shall be represented in
court by the county attorney or criminal district attorney of the
county where the action is brought, unless the district attorney
[or criminal district attorney] of the county elects to provide
representation. If the county attorney or criminal district
attorney is unable to represent the department in an action under
this code because of a conflict of interest or other special
circumstance, and the county has a district attorney, the district
attorney of the county shall represent the department in the
action.
SECTION 5. Section 264.009(e), Family Code, is repealed.
SECTION 6. This Act takes effect September 1, 2023.