Bill Text: TX HB4128 | 2023-2024 | 88th Legislature | Comm Sub
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-Comm_Sub.html
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-Comm_Sub.html
By: Murr, Morales of Maverick, Spiller | H.B. No. 4128 | |
(Senate Sponsor - Zaffirini) | ||
(In the Senate - Received from the House May 3, 2023; | ||
May 4, 2023, read first time and referred to Committee on | ||
Jurisprudence; May 17, 2023, reported favorably by the following | ||
vote: Yeas 5, Nays 0; May 17, 2023, sent to printer.) | ||
COMMITTEE VOTE | ||
YeaNayAbsentPNV | ||
HughesX | ||
JohnsonX | ||
CreightonX | ||
HinojosaX | ||
MiddletonX | ||
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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 | ||
the 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: | ||
(1) visiting wards and guardians to address any | ||
well-being concerns made known to the court; and | ||
(2) 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. | ||
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