Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB21 Compare Versions

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1	1	88S30101 AMF-F
2	2	By: Zaffirini S.B. No. 21
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to associate judges for guardianship proceedings and
8	8	protective services proceedings in certain courts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54A.307, Government Code, is amended by
11	11	amending Subsection (b) and adding Subsection (c) to read as
12	12	follows:
13	13	(b) The associate judge's salary shall be paid from:
14	14	(1) money available from this state or the federal
15	15	government;
16	16	(2) county money available for payment of officers'
17	17	salaries, subject to the approval of the commissioners courts of
18	18	the counties in which the associate judge serves; or
19	19	(3) a combination of money specified by Subdivisions
20	20	(1) and (2).
21	21	(c) Notwithstanding any other law, an associate judge whose
22	22	salary is paid from money specified by Subsection (b)(1) or (3) is a
23	23	state employee for all purposes, including accrual of leave time,
24	24	insurance benefits, retirement benefits, and travel regulations.
25	25	SECTION 2. Section 54A.310, Government Code, is amended by
26	26	adding Subsection (c) to read as follows:
27	27	(c) An associate judge may oversee and monitor guardianship
28	28	proceedings and protective services proceedings in each court the
29	29	associate judge is appointed to serve in accordance with an order
30	30	referring the proceedings to the associate judge under Section
31	31	54A.309. The associate judge's authority to oversee and monitor
32	32	proceedings under this subsection includes the authority to:
33	33	(1) review the guardianship of wards and address any
34	34	reporting deficiencies of guardians under Section 1163.101,
35	35	Estates Code, and other applicable provisions of Chapter 1163,
36	36	Estates Code, that are reported to the court;
37	37	(2) obtain and review annual accounts guardians are
38	38	required to file under Sections 1163.001 and 1163.002, Estates
39	39	Code;
40	40	(3) address concerns about a ward's well-being; and
41	41	(4) take any other action the associate judge
42	42	considers necessary to:
43	43	(A) ensure the efficient administration of
44	44	justice in guardianship proceedings and protective services
45	45	proceedings; and
46	46	(B) curtail the risk of potential abuse, fraud,
47	47	or exploitation of wards under a guardianship.
48	48	SECTION 3. Section 54A.312, Government Code, is amended by
49	49	amending Subsection (b) and adding Subsection (c) to read as
50	50	follows:
51	51	(b) The salaries of the personnel shall be paid from:
52	52	(1) money available from this state or the federal
53	53	government;
54	54	(2) county money available for payment of officers'
55	55	salaries, subject to the approval of the commissioners courts of
56	56	the counties in which the associate judge serves; or
57	57	(3) a combination of money specified by Subdivisions
58	58	(1) and (2).
59	59	(c) Notwithstanding any other law, personnel whose salary
60	60	is paid from money specified by Subsection (b)(1) or (3) are state
61	61	employees for all purposes, including accrual of leave time,
62	62	insurance benefits, retirement benefits, and travel regulations.
63	63	SECTION 4. Section 54A.314, Government Code, is amended to
64	64	read as follows:
65	65	Sec. 54A.314. FUNDING AND PERSONNEL. (a) The office of
66	66	court administration may:
67	67	(1) contract for available county, state, and federal
68	68	money from any available source; and
69	69	(2) for each associate judge, employ personnel,
70	70	including investigators, auditors, court coordinators, and other
71	71	judicial staff, necessary to implement and administer this
72	72	subchapter.
73	73	(a-1) A court coordinator employed under this section shall
74	74	primarily assist the associate judge with administrative duties,
75	75	including managing caseloads.
76	76	(a-2) A court investigator employed under this section
77	77	shall primarily assist the associate judge with oversight and
78	78	monitoring of guardianship proceedings under Section 54A.310(c),
79	79	including by:
80	80	(1) visiting wards and guardians to address any
81	81	well-being concerns made known to the court; and
82	82	(2) reviewing annual reports and annual accounts
83	83	guardians are required to file under Chapter 1163, Estates Code.
84	84	(a-3) Personnel employed under this section are state
85	85	employees for all purposes, including accrual of leave time,
86	86	insurance benefits, retirement benefits, and travel regulations.
87	87	(b) The presiding judges of the administrative judicial
88	88	regions, state agencies, and counties may seek or contract for
89	89	federal money available from any source to reimburse the costs and
90	90	salaries of the associate judges and personnel appointed under this
91	91	subchapter and may also use state money and public or private
92	92	grants.
93	93	(c) The presiding judges of the administrative judicial
94	94	regions and the office of court administration in cooperation with
95	95	other state agencies and counties shall take action necessary to
96	96	maximize the amount of federal money available to fund the use of
97	97	associate judges under this subchapter.
98	98	SECTION 5. Section 72.122, Government Code, is amended by
99	99	adding Subsection (d) to read as follows:
100	100	(d) The office, on request, shall make available to
101	101	associate judges appointed under Subchapter D, Chapter 54A,
102	102	guardianship compliance specialists and other resources and
103	103	assistance under the program to assist those associate judges with
104	104	the oversight and monitoring of guardianship and protective
105	105	services proceedings in the courts the associate judges are
106	106	appointed to serve.
107	107	SECTION 6. Sections 54A.307(c), 54A.312(c), and
108	108	54A.314(a-3), Government Code, as added by this Act, apply only to
109	109	an associate judge appointed or court personnel employed on or
110	110	after the effective date of this Act.
111	111	SECTION 7. This Act takes effect on the 91st day after the
112	112	last day of the legislative session.