By: Murr, Morales of Maverick, Spiller H.B. No. 4128
(Senate Sponsor - Zaffirini)
(In the Senate - Received from the House May 3, 2023;
May 4, 2023, read first time and referred to Committee on
Jurisprudence; May 17, 2023, reported favorably by the following
vote: Yeas 5, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
JohnsonX
CreightonX
HinojosaX
MiddletonX
A BILL TO BE ENTITLED
AN ACT
relating to associate judges for guardianship proceedings and
protective services proceedings in certain courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54A.307, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The associate judge's salary shall be paid from:
(1) money available from the state and federal
government;
(2) county money available for payment of officers'
salaries, subject to the approval of the commissioners courts of
the counties in which the associate judge serves; or
(3) a combination of money specified by Subdivisions
(1) and (2).
(c) Notwithstanding any other law, an associate judge whose
salary is paid from money specified by Subsection (b)(1) or (3) is a
state employee for all purposes, including accrual of leave time,
insurance benefits, retirement benefits, and travel regulations.
SECTION 2. Section 54A.310, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) An associate judge may oversee and monitor guardianship
proceedings and protective services proceedings in each court the
judge is appointed to serve in accordance with an order referring
the proceedings to the associate judge under Section 54A.309. The
judge's authority to oversee and monitor proceedings under this
subsection includes the authority to:
(1) review the guardianship of wards and address any
reporting deficiencies of guardians under Section 1163.101,
Estates Code, and other applicable provisions of Chapter 1163,
Estates Code, that are reported to the court;
(2) obtain and review annual accounts guardians are
required to file under Sections 1163.001 and 1163.002, Estates
Code;
(3) address concerns about a ward's well-being; and
(4) take any other action the judge considers
necessary to:
(A) ensure the efficient administration of
justice in guardianship proceedings and protective services
proceedings; and
(B) curtail the risk of potential abuse, fraud,
or exploitation of wards under a guardianship.
SECTION 3. Section 54A.312, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The salaries of the personnel shall be paid from:
(1) money available from the state and federal
government;
(2) county money available for payment of officers'
salaries, subject to the approval of the commissioners courts of
the counties in which the associate judge serves; or
(3) a combination of money specified by Subdivisions
(1) and (2).
(c) Notwithstanding any other law, personnel whose salary
is paid from money specified by Subsection (b)(1) or (3) are state
employees for all purposes, including accrual of leave time,
insurance benefits, retirement benefits, and travel regulations.
SECTION 4. Section 54A.314, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
(d), and (e) to read as follows:
(a) The office of court administration may:
(1) contract for available county, state, and federal
money from any available source; and
(2) for each associate judge, employ personnel,
including investigators, auditors, court coordinators, and other
judicial staff, necessary to implement and administer this
subchapter.
(a-1) A court coordinator employed under this section shall
primarily assist the associate judge with administrative duties,
including managing caseloads.
(a-2) A court investigator employed under this section
shall primarily assist the associate judge with monitoring and
oversight of guardianship proceedings under Section 54A.310(c),
including by:
(1) visiting wards and guardians to address any
well-being concerns made known to the court; and
(2) reviewing annual accounts and annual reports
guardians are required to file under Chapter 1163, Estates Code.
(a-3) Personnel employed under this section are state
employees for all purposes, including accrual of leave time,
insurance benefits, retirement benefits, and travel regulations.
(d) The presiding judges of the administrative judicial
regions, state agencies, and counties may seek federal money
available from any source to reimburse costs and salaries
associated with associate judges and personnel appointed under this
section and may also use available state money and public or private
grants.
(e) The presiding judges of the administrative judicial
regions and the office of court administration in cooperation with
other state agencies and counties shall take the action necessary
to maximize the amount of federal money available to fund the use of
associate judges under this subchapter.
SECTION 5. Section 72.122, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The office, on request, shall make available to
associate judges appointed under Subchapter D, Chapter 54A,
guardianship compliance specialists and other resources and
assistance under the program to assist those judges with the
oversight and monitoring of guardianship and protective services
proceedings in the courts the judges are appointed to serve.
SECTION 6. Sections 54A.307(c), 54A.312(c), and
54A.314(a-3), Government Code, as added by this Act, apply only to
an associate judge appointed or court personnel employed on or
after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2023.
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