Texas 2023 - 88th 2nd C.S.

Texas Senate Bill SB15 Compare Versions

Version 1 (Old)

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1	1	By: Zaffirini S.B. No. 15
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to associate judges for guardianship proceedings and
7	7	protective services proceedings in certain courts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 54A.307, Government Code, is amended by
10	10	amending Subsection (b) and adding Subsection (c) to read as
11	11	follows:
12	12	(b) The associate judge's salary shall be paid from:
13	13	(1) money available from the state and federal
14	14	government;
15	15	(2) county money available for payment of officers'
16	16	salaries, subject to the approval of the commissioners courts of
17	17	the counties in which the associate judge serves; or
18	18	(3) a combination of money specified by Subdivisions
19	19	(1) and (2).
20	20	(c) Notwithstanding any other law, an associate judge whose
21	21	salary is paid from money specified by Subsection (b)(1) or (3) is a
22	22	state employee for all purposes, including accrual of leave time,
23	23	insurance benefits, retirement benefits, and travel regulations.
24	24	SECTION 2. Section 54A.310, Government Code, is amended by
25	25	adding Subsection (c) to read as follows:
26	26	(c) An associate judge may oversee and monitor guardianship
27	27	proceedings and protective services proceedings in each court the
28	28	judge is appointed to serve in accordance with an order referring
29	29	the proceedings to the associate judge under Section 54A.309. The
30	30	judge's authority to oversee and monitor proceedings under this
31	31	subsection includes the authority to:
32	32	(1) review the guardianship of wards and address any
33	33	reporting deficiencies of guardians under Section 1163.101,
34	34	Estates Code, and other applicable provisions of Chapter 1163,
35	35	Estates Code, that are reported to the court;
36	36	(2) obtain and review annual accounts guardians are
37	37	required to file under Sections 1163.001 and 1163.002, Estates
38	38	Code;
39	39	(3) address concerns about a ward's well-being; and
40	40	(4) take any other action the judge considers
41	41	necessary to:
42	42	(A) ensure the efficient administration of
43	43	justice in guardianship proceedings and protective services
44	44	proceedings; and
45	45	(B) curtail the risk of potential abuse, fraud,
46	46	or exploitation of wards under a guardianship.
47	47	SECTION 3. Section 54A.312, Government Code, is amended by
48	48	amending Subsection (b) and adding Subsection (c) to read as
49	49	follows:
50	50	(b) The salaries of the personnel shall be paid from:
51	51	(1) money available from the state and federal
52	52	government;
53	53	(2) county money available for payment of officers'
54	54	salaries, subject to the approval of the commissioners courts of
55	55	the counties in which the associate judge serves; or
56	56	(3) a combination of money specified by Subdivisions
57	57	(1) and (2).
58	58	(c) Notwithstanding any other law, personnel whose salary
59	59	is paid from money specified by Subsection (b)(1) or (3) are state
60	60	employees for all purposes, including accrual of leave time,
61	61	insurance benefits, retirement benefits, and travel regulations.
62	62	SECTION 4. Section 54A.314, Government Code, is amended by
63	63	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
64	64	(d), and (e) to read as follows:
65	65	(a) The office of court administration may:
66	66	(1) contract for available county, state, and federal
67	67	money from any available source; and
68	68	(2) for each associate judge, employ personnel,
69	69	including investigators, auditors, court coordinators, and other
70	70	judicial staff, necessary to implement and administer this
71	71	subchapter.
72	72	(a-1) A court coordinator employed under this section shall
73	73	primarily assist the associate judge with administrative duties,
74	74	including managing caseloads.
75	75	(a-2) A court investigator employed under this section
76	76	shall primarily assist the associate judge with monitoring and
77	77	oversight of guardianship proceedings under Section 54A.310(c),
78	78	including by:
79	79	(1) visiting wards and guardians to address any
80	80	well-being concerns made known to the court; and
81	81	(2) reviewing annual accounts and annual reports
82	82	guardians are required to file under Chapter 1163, Estates Code.
83	83	(a-3) Personnel employed under this section are state
84	84	employees for all purposes, including accrual of leave time,
85	85	insurance benefits, retirement benefits, and travel regulations.
86	86	(d) The presiding judges of the administrative judicial
87	87	regions, state agencies, and counties may seek federal money
88	88	available from any source to reimburse costs and salaries
89	89	associated with associate judges and personnel appointed under this
90	90	section and may also use available state money and public or private
91	91	grants.
92	92	(e) The presiding judges of the administrative judicial
93	93	regions and the office of court administration in cooperation with
94	94	other state agencies and counties shall take the action necessary
95	95	to maximize the amount of federal money available to fund the use of
96	96	associate judges under this subchapter.
97	97	SECTION 5. Section 72.122, Government Code, is amended by
98	98	adding Subsection (d) to read as follows:
99	99	(d) The office, on request, shall make available to
100	100	associate judges appointed under Subchapter D, Chapter 54A,
101	101	guardianship compliance specialists and other resources and
102	102	assistance under the program to assist those judges with the
103	103	oversight and monitoring of guardianship and protective services
104	104	proceedings in the courts the judges are appointed to serve.
105	105	SECTION 6. Sections 54A.307(c), 54A.312(c), and
106	106	54A.314(a-3), Government Code, as added by this Act, apply only to
107	107	an associate judge appointed or court personnel employed on or
108	108	after the effective date of this Act.
109	109	SECTION 7. This Act takes effect September 1, 2023.