Bill Text: TX HB4128 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to associate judges for guardianship proceedings and protective services proceedings in certain courts.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2023-06-17 - Vetoed by the Governor [HB4128 Detail]

Download: Texas-2023-HB4128-Introduced.html
 
 
  By: Murr H.B. No. 4128
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to associate judges for guardianship proceedings and
  protective services proceedings in certain courts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54A.307, Government Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The associate judge's salary shall be paid from:
               (1)  money available from the state and federal
  government;
               (2)  county money available for payment of officers'
  salaries, subject to the approval of the commissioners courts of
  the counties in which the associate judge serves; or
               (3)  a combination of money specified by Subdivisions
  (1) and (2).
         (c)  Notwithstanding any other law, an associate judge whose
  salary is paid from money specified by Subsection (b) (1) or (3) is
  a state employee for all purposes, including accrual of leave time,
  insurance benefits, retirement benefits, and travel regulations.
         SECTION 2.  Section 54A.310, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An associate judge may oversee and monitor guardianship
  proceedings and protective services proceedings in each court the
  judge is appointed to serve in accordance with an order referring
  proceedings to the associate judge under Section 54A.309.  The
  judge's authority to oversee and monitor proceedings under this
  subsection includes the authority to:
               (1)  review the guardianship of wards and address any
  reporting deficiencies of guardians under Section 1163.101,
  Estates Code, and other applicable provisions of Chapter 1163,
  Estates Code, that are reported to the court;
               (2)  obtain and review annual accounts guardians are
  required to file under Sections 1163.001 and 1163.002, Estates
  Code;
               (3)  address concerns about a ward's well-being; and
               (4)  take any other action the judge considers
  necessary to:
                     (A)  ensure the efficient administration of
  justice in guardianship proceedings and protective services
  proceedings; and
                     (B)  curtail the risk of potential abuse, fraud,
  or exploitation of wards under a guardianship.
         SECTION 3.  Section 54A.312, Government Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The salaries of the personnel shall be paid from:
               (1)  money available from the state and federal
  government;
               (2)  county money available for payment of officers'
  salaries, subject to the approval of the commissioners courts of
  the counties in which the associate judge serves; or
               (3)  a combination of money specified by Subdivisions
  (1) and (2).
         (c)  Notwithstanding any other law, personnel whose salary
  is paid from money specified by Subsection (b)(1) or (3) are state
  employees for all purposes, including accrual of leave time,
  insurance benefits, retirement benefits, and travel regulations.
         SECTION 4.  Section 54A.314, Government Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
  (d), and (e) to read as follows:
         (a)  The office of court administration may:
               (1)  contract for available county, state, and federal
  money from any available source; and
               (2)  for each associate judge, employ personnel,
  including investigators, auditors, court coordinators, and other
  judicial staff, necessary to implement and administer this
  subchapter.
         (a-1)  A court coordinator employed under this section shall
  primarily assist the associate judge with administrative duties,
  including managing caseloads.
         (a-2)  A court investigator employed under this section
  shall primarily assist the associate judge with monitoring and
  oversight of guardianship proceedings under Section 54A.310(c),
  including by:
                     (A)  visiting wards and guardians to address any
  well-being concerns made known to the court; and
                     (B)  reviewing annual accounts and annual reports
  guardians are required to file under Chapter 1163, Estates Code.
         (a-3)  Personnel employed under this section are state
  employees for all purposes, including accrual of leave time,
  insurance benefits, retirement benefits, and travel regulations.
         (d)  The presiding judges of the administrative judicial
  regions, state agencies, and counties may seek federal money
  available from any source to reimburse costs and salaries
  associated with associate judges and personnel appointed under this
  section and may also use available state money and public or private
  grants.
         (e)  The presiding judges of the administrative judicial
  regions and the office of court administration in cooperation with
  other state agencies and counties shall take the action necessary
  to maximize the amount of federal money available to fund the use of
  associate judges under this subchapter.
         SECTION 5.  Section 72.122, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The office, on request, shall make available to
  associate judges appointed under Subchapter D, Chapter 54A,
  guardianship compliance specialists and other resources and
  assistance under the program to assist those judges with the
  oversight and monitoring of guardianship and protective services
  proceedings in the courts the judges are appointed to serve.
         SECTION 6.  Sections 54A.307(c), 54A.312(c), and
  54A.314(a-3), Government Code, as added by this Act, apply only to
  an associate judge appointed or court personnel employed on or
  after the effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2023.
feedback