Texas 2023 - 88th Regular

Texas House Bill HB4128 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4128
2	2
3	3
4	4	AN ACT
5	5	relating to associate judges for guardianship proceedings and
6	6	protective services proceedings in certain courts.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 54A.307, Government Code, is amended by
9	9	amending Subsection (b) and adding Subsection (c) to read as
10	10	follows:
11	11	(b) The associate judge's salary shall be paid from:
12	12	(1) money available from the state and federal
13	13	government;
14	14	(2) county money available for payment of officers'
15	15	salaries, subject to the approval of the commissioners courts of
16	16	the counties in which the associate judge serves; or
17	17	(3) a combination of money specified by Subdivisions
18	18	(1) and (2).
19	19	(c) Notwithstanding any other law, an associate judge whose
20	20	salary is paid from money specified by Subsection (b)(1) or (3) is a
21	21	state employee for all purposes, including accrual of leave time,
22	22	insurance benefits, retirement benefits, and travel regulations.
23	23	SECTION 2. Section 54A.310, Government Code, is amended by
24	24	adding Subsection (c) to read as follows:
25	25	(c) An associate judge may oversee and monitor guardianship
26	26	proceedings and protective services proceedings in each court the
27	27	judge is appointed to serve in accordance with an order referring
28	28	the proceedings to the associate judge under Section 54A.309. The
29	29	judge's authority to oversee and monitor proceedings under this
30	30	subsection includes the authority to:
31	31	(1) review the guardianship of wards and address any
32	32	reporting deficiencies of guardians under Section 1163.101,
33	33	Estates Code, and other applicable provisions of Chapter 1163,
34	34	Estates Code, that are reported to the court;
35	35	(2) obtain and review annual accounts guardians are
36	36	required to file under Sections 1163.001 and 1163.002, Estates
37	37	Code;
38	38	(3) address concerns about a ward's well-being; and
39	39	(4) take any other action the judge considers
40	40	necessary to:
41	41	(A) ensure the efficient administration of
42	42	justice in guardianship proceedings and protective services
43	43	proceedings; and
44	44	(B) curtail the risk of potential abuse, fraud,
45	45	or exploitation of wards under a guardianship.
46	46	SECTION 3. Section 54A.312, Government Code, is amended by
47	47	amending Subsection (b) and adding Subsection (c) to read as
48	48	follows:
49	49	(b) The salaries of the personnel shall be paid from:
50	50	(1) money available from the state and federal
51	51	government;
52	52	(2) county money available for payment of officers'
53	53	salaries, subject to the approval of the commissioners courts of
54	54	the counties in which the associate judge serves; or
55	55	(3) a combination of money specified by Subdivisions
56	56	(1) and (2).
57	57	(c) Notwithstanding any other law, personnel whose salary
58	58	is paid from money specified by Subsection (b)(1) or (3) are state
59	59	employees for all purposes, including accrual of leave time,
60	60	insurance benefits, retirement benefits, and travel regulations.
61	61	SECTION 4. Section 54A.314, Government Code, is amended by
62	62	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
63	63	(d), and (e) to read as follows:
64	64	(a) The office of court administration may:
65	65	(1) contract for available county, state, and federal
66	66	money from any available source; and
67	67	(2) for each associate judge, employ personnel,
68	68	including investigators, auditors, court coordinators, and other
69	69	judicial staff, necessary to implement and administer this
70	70	subchapter.
71	71	(a-1) A court coordinator employed under this section shall
72	72	primarily assist the associate judge with administrative duties,
73	73	including managing caseloads.
74	74	(a-2) A court investigator employed under this section
75	75	shall primarily assist the associate judge with monitoring and
76	76	oversight of guardianship proceedings under Section 54A.310(c),
77	77	including by:
78	78	(1) visiting wards and guardians to address any
79	79	well-being concerns made known to the court; and
80	80	(2) reviewing annual accounts and annual reports
81	81	guardians are required to file under Chapter 1163, Estates Code.
82	82	(a-3) Personnel employed under this section are state
83	83	employees for all purposes, including accrual of leave time,
84	84	insurance benefits, retirement benefits, and travel regulations.
85	85	(d) The presiding judges of the administrative judicial
86	86	regions, state agencies, and counties may seek federal money
87	87	available from any source to reimburse costs and salaries
88	88	associated with associate judges and personnel appointed under this
89	89	section and may also use available state money and public or private
90	90	grants.
91	91	(e) The presiding judges of the administrative judicial
92	92	regions and the office of court administration in cooperation with
93	93	other state agencies and counties shall take the action necessary
94	94	to maximize the amount of federal money available to fund the use of
95	95	associate judges under this subchapter.
96	96	SECTION 5. Section 72.122, Government Code, is amended by
97	97	adding Subsection (d) to read as follows:
98	98	(d) The office, on request, shall make available to
99	99	associate judges appointed under Subchapter D, Chapter 54A,
100	100	guardianship compliance specialists and other resources and
101	101	assistance under the program to assist those judges with the
102	102	oversight and monitoring of guardianship and protective services
103	103	proceedings in the courts the judges are appointed to serve.
104	104	SECTION 6. Sections 54A.307(c), 54A.312(c), and
105	105	54A.314(a-3), Government Code, as added by this Act, apply only to
106	106	an associate judge appointed or court personnel employed on or
107	107	after the effective date of this Act.
108	108	SECTION 7. This Act takes effect September 1, 2023.
109	109	______________________________ ______________________________
110	110	President of the Senate Speaker of the House
111	111	I certify that H.B. No. 4128 was passed by the House on May 2,
112	112	2023, by the following vote: Yeas 138, Nays 6, 3 present, not
113	113	voting.
114	114	______________________________
115	115	Chief Clerk of the House
116	116	I certify that H.B. No. 4128 was passed by the Senate on May
117	117	19, 2023, by the following vote: Yeas 30, Nays 1.
118	118	______________________________
119	119	Secretary of the Senate
120	120	APPROVED: _____________________
121	121	Date
122	122	_____________________
123	123	Governor