Bill Text: TX HB287 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the payment of certain costs associated with certain assignments of a statutory probate court judge.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-25 - Referred to Judiciary & Civil Jurisprudence [HB287 Detail]
Download: Texas-2017-HB287-Introduced.html
| 85S11124 KFF-D | ||
| By: Murr | H.B. No. 287 | |
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| relating to the payment of certain costs associated with certain | ||
| assignments of a statutory probate court judge. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 352, Estates Code, is | ||
| amended by adding Section 352.054 to read as follows: | ||
| Sec. 352.054. REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED | ||
| JUDGE. If a party to a probate proceeding files a motion for the | ||
| assignment of a statutory probate court judge to hear a contested | ||
| matter in the proceeding under Section 32.003 and the motion is | ||
| granted, the court may, on the court's own motion or on the motion | ||
| of the party who filed the motion for the assignment, order that a | ||
| county be reimbursed out of the estate for any amounts the county | ||
| paid as compensation and expenses under Sections 25.0022(o) and | ||
| (p), Government Code. | ||
| SECTION 2. Section 25.0022, Government Code, is amended by | ||
| amending Subsections (m), (o), and (p) and adding Subsection (o-1) | ||
| to read as follows: | ||
| (m) The presiding judge shall certify to the county judge in | ||
| the county in which the assigned judge served: | ||
| (1) the expenses approved under Subsection (l); [ |
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| (2) a determination of the assigned judge's salary; | ||
| and | ||
| (3) if applicable, a determination of the amounts to | ||
| be apportioned to a party or between two or more parties to a | ||
| probate proceeding as prescribed under Subsection (o-1), together | ||
| with the contact information of the party or parties. | ||
| (o) The county in which the assigned judge served shall: | ||
| (1) pay out of the general fund of the county: | ||
| (A) [ |
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| (m) to the assigned judge; and | ||
| (B) [ |
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| (m) to the county in which the assigned judge serves, or, if the | ||
| assigned judge is a former or retired judge, to the assigned judge; | ||
| and | ||
| (2) if applicable, seek reimbursement from one or more | ||
| parties to a probate proceeding of the amounts apportioned to a | ||
| party or between the parties as prescribed under Subsection (o-1). | ||
| (o-1) If a party to a probate proceeding files a motion for | ||
| the assignment of a statutory probate court judge to hear a | ||
| contested matter in the proceeding under Section 32.003, Estates | ||
| Code, and the motion is granted, the assigned statutory probate | ||
| court judge may, in accordance with Section 352.054, Estates Code, | ||
| order that the county be reimbursed as an expense from the estate | ||
| for any amounts the county paid as compensation and expenses under | ||
| Subsections (o) and (p). If the statutory probate court judge does | ||
| not order the reimbursement of the county from the estate under this | ||
| subsection: | ||
| (1) subject to Subdivision (2), the party who | ||
| requested the assignment shall reimburse the county for the amounts | ||
| paid by the county as compensation and expenses under Subsections | ||
| (o) and (p); and | ||
| (2) if more than one party to a proceeding filed the | ||
| motion for the assignment of the statutory probate court judge, the | ||
| statutory probate court judge shall: | ||
| (A) prescribe the amounts or manner by which the | ||
| judge's compensation and expenses are to be equitably apportioned | ||
| between those parties for purposes of reimbursement under this | ||
| section; and | ||
| (B) provide the amounts or manner of | ||
| apportionment to the presiding judge. | ||
| (p) In addition to all compensation and expenses authorized | ||
| by this section and other law, a judge who is assigned to a court | ||
| outside the county of the judge's residence is entitled to receive | ||
| $25 for each day or fraction of a day served. Subject to Subsection | ||
| (o-1), the [ |
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| additional compensation from the county's general fund on | ||
| certification by the presiding judge. | ||
| SECTION 3. Section 25.0022, Government Code, as amended by | ||
| this Act, applies only to a motion for the assignment of a statutory | ||
| probate court judge under Section 32.003, Estates Code, that is | ||
| filed on or after the effective date of this Act. A motion filed | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the motion was filed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect December 1, 2017. | ||
