Texas 2023 - 88th Regular

Texas House Bill HB4638 Compare Versions

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1	1	By: Guillen H.B. No. 4638
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the appointment and duties of an associate judge in the
7	7	229th Judicial District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 54, Government Code, is amended by
10	10	adding Subchapter V to read as follows:
11	11	SUBCHAPTER C. ASSOCIATE JUDGES IN DUVAL COUNTY
12	12	Sec. 54.201. APPOINTMENT. The judge of the 229th District
13	13	Court, with the approval of the Commissioners Court of Duval
14	14	County, may appoint a full-time or a part-time associate judge to
15	15	perform the duties authorized by this subchapter.
16	16	Sec. 54.202. QUALIFICATIONS. To be eligible for
17	17	appointment as an associate judge, a person must:
18	18	(1) be a resident of this state and Duval County; and
19	19	(2) meet the requirements and qualifications to serve
20	20	as a judge of the court to which the person is appointed.
21	21	Sec. 54.203. COMPENSATION. (a) An associate judge is
22	22	entitled to the compensation set by the Duval County Commissioners
23	23	Court.
24	24	(b) The salary shall be paid from the county fund available
25	25	for payments of officers' salaries.
26	26	(c) This section does not apply to an associate judge
27	27	appointed under Section 201.001, Family Code.
28	28	Sec. 54.204. PRIVATE PRACTICE. A part-time associate judge
29	29	may engage in the private practice of law, unless restricted on a
30	30	finding that it is not in the public interest by the appointing
31	31	judge.
32	32	Sec. 54.205. TERMINATION OF SERVICES. (a) An associate
33	33	judge serves at the will of the judge of the 229th District Court.
34	34	(b) This section does not apply to an associate judge
35	35	appointed under Section 201.001, Family Code.
36	36	Sec. 54.206. REFERRAL OF CASE. (a) The appointing judge
37	37	may refer to an associate judge any aspect of a civil or criminal
38	38	case involving a matter over which the referring court has
39	39	jurisdiction in Duval County.
40	40	(b) After notice to all parties of the time and place of
41	41	hearing, an associate judge may preside over any hearing,
42	42	including:
43	43	(1) for a civil case, proceedings involving:
44	44	(A) a temporary order in an action or suit for
45	45	support by one spouse against another;
46	46	(B) a motion or suit to modify a temporary or
47	47	final order;
48	48	(C) temporary orders in a suit affecting the
49	49	parent-child relationship;
50	50	(D) an application for a temporary injunction
51	51	related to temporary possession or use of property;
52	52	(E) habeas corpus, including any hearing
53	53	authorized by the Family Code;
54	54	(F) a motion to transfer;
55	55	(G) a motion of contempt for failure or refusal
56	56	to obey a temporary or final order;
57	57	(H) an action brought under Chapter 159, Family
58	58	Code;
59	59	(I) an action for the protection of the family;
60	60	(J) a matter on which the parties agree;
61	61	(K) a matter in which a party is entitled to a
62	62	default judgment;
63	63	(L) a divorce action in which a waiver of
64	64	citation is on file;
65	65	(M) a friendly suit; and
66	66	(N) any other matter in the jurisdiction of the
67	67	court, including a pretrial motion, discovery, summary judgment,
68	68	and other matters governed by the Texas Rules of Civil Procedure;
69	69	and
70	70	(2) for a criminal case, proceedings involving:
71	71	(A) a negotiated plea of guilty or nolo
72	72	contendere;
73	73	(B) bond forfeiture;
74	74	(C) a pretrial motion;
75	75	(D) a postconviction writ of habeas corpus;
76	76	(E) an examining trial; and
77	77	(F) any other matter that the judge considers
78	78	proper.
79	79	(c) A judge may not refer to an associate judge any criminal
80	80	case for trial on the merits in which a jury trial has been
81	81	requested.
82	82	(d) Unless a party files a written objection to the
83	83	associate judge hearing the trial, the appointing judge may refer
84	84	to an associate judge a trial on the merits. If an objection is
85	85	filed, the trial on the merits shall be heard by the referring
86	86	court.
87	87	(e) A trial on the merits is a final adjudication from which
88	88	an appeal may be taken to a court of appeals.
89	89	(f) An associate judge may not conduct a contested trial on
90	90	the merits to terminate parental rights unless the affected parties
91	91	give written consent to the contested trial by the associate judge.
92	92	Unless written consent is given by the affected parties to a
93	93	contested trial on the merits, any order terminating parental
94	94	rights issued pursuant to an associate judge's report resulting
95	95	from the contested trial is void.
96	96	(g) On appointment of an associate judge, any pending or
97	97	future cases may be referred to the associate judge.
98	98	Sec. 54.207. ORDER OF REFERRAL. (a) To refer cases to an
99	99	associate judge, the referring court must issue an order of
100	100	referral.
101	101	(b) The order of referral may limit the power or duties of an
102	102	associate judge.
103	103	Sec. 54.208. POWERS. Except as limited by an order of
104	104	referral, an associate judge may:
105	105	(1) conduct a hearing;
106	106	(2) hear evidence;
107	107	(3) compel production of relevant evidence;
108	108	(4) rule on admissibility of evidence;
109	109	(5) issue summons for the appearance of witnesses;
110	110	(6) examine witnesses;
111	111	(7) swear witnesses for hearings;
112	112	(8) make findings of fact on evidence;
113	113	(9) formulate conclusions of law;
114	114	(10) recommend the judgment to be made in a case;
115	115	(11) regulate all proceedings in a hearing before the
116	116	associate judge;
117	117	(12) rule on all criminal pretrial motions; and
118	118	(13) perform any act and take any measure necessary
119	119	and proper for the efficient performance of the associate judge's
120	120	duties.
121	121	Sec. 54.209. ATTENDANCE OF BAILIFF. A bailiff shall attend
122	122	a hearing held by an associate judge if directed by the referring
123	123	court.
124	124	Sec. 54.210. WITNESS. (a) A witness appearing before an
125	125	associate judge is subject to the penalties for perjury provided by
126	126	law.
127	127	(b) A referring court may issue attachment against and may
128	128	fine or imprison a witness whose failure to appear before an
129	129	associate judge after being summoned or whose refusal to answer
130	130	questions has been certified to the court.
131	131	Sec. 54.211. REPORT TRANSMITTED TO COURT; NOTICE. (a) At
132	132	the conclusion of any hearing conducted by an associate judge and on
133	133	the preparation of an associate judge's report, the associate judge
134	134	shall transmit to the referring court:
135	135	(1) all papers relating to the case; and
136	136	(2) the associate judge's signed and dated report.
137	137	(b) After the associate judge's report has been signed, the
138	138	associate judge shall give notice of the substance of the report to
139	139	the parties participating in the hearing.
140	140	(c) The associate judge's report may contain the associate
141	141	judge's finding, conclusions, or recommendations. The associate
142	142	judge's report must be in writing in a form as the referring court
143	143	may direct. The form may be a notation on the referring court's
144	144	docket sheet.
145	145	(d) The notice required under Subsection (b) may be given in
146	146	open court or may be given by certified mail, return receipt
147	147	requested. If the notice is given by certified mail, the associate
148	148	judge shall certify the date of mailing and the notice is considered
149	149	to have been given on the third day after the date of mailing.
150	150	Sec. 54.212. NOTICE OF RIGHT TO APPEAL. An associate judge
151	151	shall give all parties notice of the right of appeal to the judge of
152	152	the referring court. The notice may be given:
153	153	(1) at the hearing;
154	154	(2) by posting the notice inside or outside the
155	155	courtroom of the referring court; or
156	156	(3) as otherwise directed by the referring court.
157	157	Sec. 54.213. EFFECT OF ASSOCIATE JUDGE'S REPORT PENDING
158	158	APPEAL. Pending appeal of the associate judge's report to the
159	159	referring court, the decisions and recommendations of the associate
160	160	judge are in full force and effect and are enforceable as an order
161	161	of the referring court, except for the orders providing for
162	162	incarceration or for the appointment of a receiver.
163	163	Sec. 54.214. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
164	164	After the associate judge's report is filed, and unless the parties
165	165	have filed a written notice of appeal to the referring court, the
166	166	referring court may:
167	167	(1) adopt, approve, or reject the associate judge's
168	168	report;
169	169	(2) hear further evidence; or
170	170	(3) recommit the matter for further proceedings as the
171	171	referring court considers proper and necessary in the particular
172	172	circumstances of the case.
173	173	Sec. 54.215. DECREE OR ORDER OF COURT. If an appeal to the
174	174	referring court is not filed or the right to an appeal to the
175	175	referring court is waived, the findings and the recommendations of
176	176	the associate judge become the decree or order of the referring
177	177	court only on the referring court's signing an order or decree
178	178	conforming to the associate judge's report.
179	179	Sec. 54.216. APPEAL TO REFERRING COURT. (a) Any party is
180	180	entitled to a hearing by the judge of the referring court if, not
181	181	later than three days, computed in the manner provided by Rule 4,
182	182	Texas Rules of Civil Procedure, after the associate judge gives the
183	183	notice required by Section 54.211, an appeal of the associate
184	184	judge's report is filed with the referring court.
185	185	(b) The first day of the appeal time to the referring courts
186	186	begins on the day after the day on which the associate judge gives
187	187	the notice required by Section 54.211.
188	188	(c) An appeal to the referring court shall be in writing and
189	189	must specify the findings and conclusions of the associate judge to
190	190	which the party objects. The appeal is limited to the findings and
191	191	conclusions specified in the written appeal.
192	192	(d) On appeal to the referring court, the parties may
193	193	present witnesses as in a hearing de novo on the issues raised in
194	194	the appeal.
195	195	(e) Notice of any appeal to the referring court shall be
196	196	given to opposing counsel in the manner provided by Rule 21a, Texas
197	197	Rules of Civil Procedure.
198	198	(f) If an appeal to the referring court is filed by a party,
199	199	any other party may file an appeal to the referring court not later
200	200	than the seventh day after the date the initial appeal was filed.
201	201	(g) The referring court, after notice to the parties, shall
202	202	hold a hearing on all appeals not later than the 30th day after the
203	203	date on which the initial appeal was filed with the referring court.
204	204	(h) Prior to any hearing before an associate judge, the
205	205	parties may waive the right of appeal to the referring court. The
206	206	waiver may be in writing or on the record.
207	207	Sec. 54.217. APPELLATE REVIEW. (a) Failure to appeal to
208	208	the referring court, by waiver or otherwise, on the approval by the
209	209	referring court of an associate judge's report does not deprive any
210	210	party of the right to appeal to or request other relief from a court
211	211	of appeals or the supreme court.
212	212	(b) The date of the signing of an order or judgment by the
213	213	referring court is the controlling date for the purposes of appeal
214	214	to or request for other relief from a court of appeals or the
215	215	supreme court.
216	216	Sec. 54.218. JURY TRIAL DEMANDED. If a jury trial is
217	217	demanded and a jury fee paid in a trial on the merits, the associate
218	218	judge shall refer any matters requiring a jury back to the referring
219	219	court for a full trial before the court and jury.
220	220	Sec. 54.219. INAPPLICABILITY OF SUBCHAPTER TO MASTERS
221	221	APPOINTED UNDER RULE 171. Masters appointed by the referring court
222	222	under Rule 171, Texas Rules of Civil Procedure, have all the duties
223	223	and powers set forth in the order of appointment and are not
224	224	governed by this subchapter.
225	225	Sec. 54.220. IMMUNITY. An associate judge appointed under
226	226	this subchapter has the judicial immunity of a district judge.
227	227	Sec. 54.221. COURT REPORTER. (a) A court reporter is not
228	228	required during a hearing held by an associate judge appointed
229	229	under this subchapter.
230	230	(b) A party, the associate judge, or the referring court may
231	231	provide for a court reporter during the hearing. The record may be
232	232	preserved by any other means approved by the associate judge.
233	233	(c) The referring court or associate judge may impose on a
234	234	party as costs the expense of preserving the record.
235	235	SECTION 2. This Act takes effect September 1, 2023.