Bill Text: TX HB2272 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to associate judges and Department of Family and Protective Services representation in child protection court proceedings.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-03-22 - Left pending in committee [HB2272 Detail]
Download: Texas-2023-HB2272-Introduced.html
88R6599 AMF-F | ||
By: Swanson | H.B. No. 2272 |
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relating to associate judges and Department of Family and | ||
Protective Services representation in child protection court | ||
proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 201.201, Family Code, is amended by | ||
amending Subsection (b-1) and adding Subsection (b-2) to read as | ||
follows: | ||
(b-1) Before reappointing an associate judge appointed | ||
under Subsection (b), the presiding judge must notify each judge of | ||
the courts from which cases will be referred to the associate judge | ||
of the presiding judge's intent to reappoint the associate judge to | ||
another term. Each judge may submit to the presiding judge a | ||
recommendation on whether the associate judge should be | ||
reappointed. A presiding judge may not reappoint an associate judge | ||
to serve more than two terms. | ||
(b-2) An associate judge appointed under this subchapter is | ||
not eligible for appointment to and may not serve more than two | ||
terms as an associate judge under this subchapter. | ||
SECTION 2. Section 201.2021, Family Code, is amended to | ||
read as follows: | ||
Sec. 201.2021. QUALIFICATIONS. (a) To be eligible for | ||
appointment under this subchapter, a person must: | ||
(1) be a citizen of the United States; | ||
(2) [ |
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preceding the date of appointment; | ||
(3) have successfully completed at least 25 hours of | ||
continuing education in civil trial law, child welfare law, family | ||
law, or child protective investigations and child protective | ||
services programs; [ |
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(4) either be: | ||
(A) [ |
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74.054, Government Code, because the person is named on the list of | ||
retired and former judges maintained by the presiding judge of the | ||
administrative region under Section 74.055, Government Code; or | ||
(B) [ |
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and have been a practicing lawyer for at least 10 years and for at | ||
least [ |
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this state preceding the date of appointment. | ||
(b) An associate judge appointed under this subchapter | ||
shall during the term of appointment reside in the [ |
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court to which the associate judge is appointed is located. An | ||
associate judge appointed to serve in two or more courts | ||
[ |
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one of the courts is located [ |
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(c) A person is not eligible for appointment under this | ||
subchapter if the person: | ||
(1) was a state employee for the Department of Family | ||
and Protective Services or represented a party or a child in a suit | ||
under Subtitle E in the five years preceding the date of | ||
appointment; | ||
(2) has been removed from office by impeachment, by | ||
the supreme court, by the governor on address to the legislature, by | ||
a tribunal reviewing a recommendation of the State Commission on | ||
Judicial Conduct, or by the legislature's abolition of the judge's | ||
court; or | ||
(3) resigned or retired from judicial office: | ||
(A) after receiving notice from the State | ||
Commission on Judicial Conduct of the commencement of a full | ||
investigation under Section 33.022, Government Code, into an | ||
allegation or appearance of misconduct or disability of the judge; | ||
and | ||
(B) before the final disposition of that | ||
investigation. | ||
SECTION 3. Subchapter C, Chapter 201, Family Code, is | ||
amended by adding Sections 201.2022, 201.2045, and 201.2062 to read | ||
as follows: | ||
Sec. 201.2022. CONFLICT OF INTEREST. An associate judge | ||
appointed under this subchapter may not participate in any activity | ||
a reasonable, prudent person would believe would create a conflict | ||
of interest that impairs the associate judge's ability to act | ||
impartially as an associate judge during the appointed term. | ||
Sec. 201.2045. RECUSAL. An associate judge appointed under | ||
this subchapter shall recuse himself or herself from presiding over | ||
any proceeding involving a person or entity, other than the | ||
Department of Family and Protective Services, that: | ||
(1) the associate judge represented in a proceeding | ||
under this code; or | ||
(2) was a party to a suit under this code, other than a | ||
suit under Subtitle E, over which the associate judge presided | ||
before appointment as an associate judge under this subchapter. | ||
Sec. 201.2062. COMPLAINTS ABOUT ASSOCIATE JUDGES. (a) A | ||
person may file a written complaint against an associate judge | ||
appointed under this subchapter with: | ||
(1) the office of court administration or the State | ||
Commission on Judicial Conduct, in the form and manner prescribed | ||
by those agencies; or | ||
(2) the regional presiding judge that appointed the | ||
associate judge, in the form and manner prescribed by the presiding | ||
judge. | ||
(b) The office of court administration or the State | ||
Commission on Judicial Conduct shall forward a copy of each | ||
complaint against an associate judge appointed under this | ||
subchapter that is filed to the presiding judge that appointed the | ||
associate judge. | ||
SECTION 4. Section 264.009(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b), (c), or (f), in | ||
any action under this code, the department shall be represented in | ||
court by the county attorney or criminal district attorney of the | ||
county where the action is brought, unless the district attorney | ||
[ |
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representation. If the county attorney or criminal district | ||
attorney is unable to represent the department in an action under | ||
this code because of a conflict of interest or other special | ||
circumstance, and the county has a district attorney, the district | ||
attorney of the county shall represent the department in the | ||
action. | ||
SECTION 5. Section 264.009(e), Family Code, is repealed. | ||
SECTION 6. This Act takes effect September 1, 2023. |