Bill Text: TX HB79 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to associate judges for guardianship proceedings and protective services proceedings in certain courts.

Sponsorship: Bipartisan Bill

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB79 Detail]

Download: Texas-2021-HB79-Comm_Sub.html

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By: Murr (Senate Sponsor - Zaffirini) H.B. No. 79
(In the Senate - Received from the House April 13, 2021;
April 13, 2021, read first time and referred to Committee on
Jurisprudence; May 22, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 22, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 79 By: Huffman

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. Chapter 54A, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. ASSOCIATE JUDGE FOR GUARDIANSHIP PROCEEDINGS AND
PROTECTIVE SERVICES PROCEEDINGS IN CERTAIN COURTS
Sec. 54A.301. DEFINITIONS. In this subchapter:
(1) "Guardianship proceeding" has the meaning
assigned by Section 1002.015, Estates Code.
(2) "Office of court administration" means the Office
of Court Administration of the Texas Judicial System.
(3) "Protective services proceeding" means a
proceeding commenced under Chapter 48, Human Resources Code.
(4) "Ward" has the meaning assigned by Section
1002.030, Estates Code.
Sec. 54A.302. APPLICABILITY. This subchapter applies only
with respect to:
(1) a county court with jurisdiction over guardianship
proceedings or protective services proceedings; and
(2) a statutory county court with jurisdiction over:
(A) guardianship proceedings, other than a court
created by statute and designated as a statutory probate court
under Chapter 25; or
(B) protective services proceedings.
Sec. 54A.303. APPLICABILITY OF OTHER LAW; CONSTRUCTION OF
SUBCHAPTER. (a) Subchapter C applies to an associate judge
appointed under this subchapter except to the extent of a conflict
with this subchapter.
(b) Nothing in this subchapter limits the authority of a
court to which this subchapter applies to issue an order under Title
3, Estates Code, or Chapter 48, Human Resources Code.
Sec. 54A.304. APPOINTMENT. (a) The presiding judge of each
administrative judicial region, after conferring with the judges of
courts to which this subchapter applies in the region, shall
determine whether those courts require the appointment of a
full-time or part-time associate judge to assist the courts with
conducting:
(1) guardianship proceedings, including with
conducting annual reviews of guardianships; or
(2) protective services proceedings.
(b) If the presiding judge of an administrative judicial
region determines the courts described by Subsection (a) require
the appointment of an associate judge, the presiding judge shall
appoint an associate judge from a list of applicants who submit an
application to the office of court administration and meet the
qualifications prescribed by Section 54A.305. Before making the
appointment, the presiding judge must provide the list to each
judge of a court from which guardianship proceedings or protective
services proceedings will be referred to the associate judge. Each
of those judges and the presiding judge of the statutory probate
courts may recommend to the presiding judge of the administrative
judicial region one or more of the listed applicants for
appointment.
(c) Before reappointing an associate judge appointed under
Subsection (b), a presiding judge of an administrative judicial
region must notify each judge of a court from which guardianship
proceedings or protective services proceedings will be referred to
the associate judge of the presiding judge's intent to reappoint
the associate judge for another term. Each of those judges and the
presiding judge of the statutory probate courts may submit to the
presiding judge of the administrative judicial region a
recommendation on whether the associate judge should be
reappointed.
(d) An associate judge appointed under this subchapter
serves the courts to which this subchapter applies in the
administrative judicial region that are specified by the appointing
presiding judge. Two or more presiding judges of administrative
judicial regions may jointly appoint one or more associate judges
under this subchapter to serve specified courts to which this
subchapter applies in the presiding judges' regions.
Sec. 54A.305. QUALIFICATIONS. (a) To be eligible for
appointment as an associate judge under this subchapter, a person
must:
(1) be a citizen of the United States;
(2) be a resident of this state for the two years
preceding the date of appointment; and
(3) be:
(A) eligible for assignment under Section 74.054
because the person is named on the list of retired and former judges
maintained by the presiding judge of the administrative judicial
region under Section 74.055;
(B) eligible for assignment under Section
25.0022 by the presiding judge of the statutory probate courts; or
(C) licensed to practice law in this state and
have at least four years of experience in guardianship proceedings
or protective services proceedings before the date of appointment
as a practicing attorney in this state or a judge of a court in this
state.
(b) An associate judge appointed under this subchapter to
serve in one administrative judicial region shall, during the term
of appointment, reside in that region or in a county adjacent to
that region. An associate judge appointed to serve in two or more
administrative judicial regions may reside anywhere in the regions.
Sec. 54A.306. TERM OF APPOINTMENT; TERMINATION. (a) An
associate judge appointed under this subchapter serves for a term
of four years from the date the associate judge is appointed and
qualifies for office.
(b) The appointment of an associate judge for a term does
not affect the at-will employment status of the associate judge. An
appointing presiding judge of an administrative judicial region or
the successor presiding judge of the region may terminate the
associate judge's appointment at any time.
Sec. 54A.307. COMPENSATION OF ASSOCIATE JUDGE. (a) An
associate judge appointed under this subchapter is entitled to a
salary in an amount equal to 90 percent of the salary paid to a
district judge as set by the General Appropriations Act.
(b) The associate judge's salary shall be paid from:
(1) money available from the 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).
Sec. 54A.308. DESIGNATION AND RESPONSIBILITIES OF HOST
COUNTY. (a) Subject to the approval of the commissioners court of
the proposed host county:
(1) the appointing presiding judge of the
administrative judicial region shall determine the host county of
an associate judge appointed to serve in one administrative
judicial region; and
(2) the appointing presiding judges of the
administrative judicial regions shall by majority vote determine
the host county of an associate judge appointed to serve in more
than one administrative judicial region.
(b) The host county shall provide an adequate courtroom and
quarters, including furniture, necessary utilities, and telephone
equipment and service, for the associate judge and other personnel
assisting the associate judge.
(c) Except as provided by Section 54A.305(b), an associate
judge is not required to reside in the host county.
Sec. 54A.309. METHODS OF REFERRAL. (a) Guardianship
proceedings or protective services proceedings shall be referred to
an associate judge appointed under this subchapter by a general
order issued by the judge of each court the associate judge is
appointed to serve.
(b) A general order issued under this section may be amended
or withdrawn at any time by the judge of the court issuing the
order.
(c) In lieu of a general order, the judge of a court the
associate judge is appointed to serve by order may refer a specific
guardianship proceeding or a specific protective services
proceeding to the associate judge.
Sec. 54A.310. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
the motion of a party or the associate judge, an associate judge may
return a complex guardianship proceeding to the referring court for
final disposition after recommending temporary orders for the
protection of a ward.
(b) An associate judge may:
(1) render and sign any pretrial order; and
(2) recommend to the referring court any order after a
trial on the merits.
Sec. 54A.311. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
ORDER OR JUDGMENT. If a request for a de novo hearing before the
referring court is not timely filed or the right to a de novo
hearing before the referring court is waived, the proposed order or
judgment of the associate judge for the guardianship proceeding or
protective services proceeding becomes the order or judgment of the
referring court by operation of law without ratification by the
referring court.
Sec. 54A.312. PERSONNEL. (a) The appointing presiding
judge of an administrative judicial region or appointing presiding
judges of the administrative judicial regions, by majority vote, as
applicable, may appoint the personnel needed to assist an associate
judge in implementing and administering this subchapter.
(b) The salaries of the personnel shall be paid from:
(1) money available from the 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).
Sec. 54A.313. SUPERVISION, TRAINING, AND EVALUATION OF
ASSOCIATE JUDGES. (a) The office of court administration shall
assist the presiding judges of the administrative judicial regions
in:
(1) monitoring associate judges' compliance with job
performance standards, uniform practices adopted by the presiding
judges, and federal and state laws and policies;
(2) addressing the training needs and resource
requirements of associate judges;
(3) conducting annual performance evaluations for
associate judges and other personnel appointed under this
subchapter based on written personnel performance standards
adopted by the presiding judges and performance information
solicited from the referring courts and other relevant persons; and
(4) receiving, investigating, and resolving
complaints about an individual associate judge or the associate
judge program under this subchapter based on a uniform process
adopted by the presiding judges.
(b) The office of court administration shall develop
procedures and a written evaluation form to be used by the presiding
judges in conducting the annual performance evaluations under
Subsection (a)(3).
(c) The office of court administration shall develop
caseload standards for associate judges to ensure adequate
staffing.
(d) Each judge of a court that refers guardianship
proceedings or protective services proceedings to an associate
judge under this subchapter may submit to the appropriate presiding
judges or the office of court administration information on the
associate judge's performance during the preceding year based on a
uniform process adopted by the presiding judges.
Sec. 54A.314. FUNDING AND PERSONNEL. (a) The office of
court administration may:
(1) contract for available county and federal money
from any available source; and
(2) employ personnel, including investigators,
auditors, court coordinators, and other judicial staff, necessary
to implement and administer this subchapter.
(b) The presiding judges of the administrative judicial
regions and counties may contract for federal money available from
any source to reimburse the costs and salaries of the associate
judges and personnel appointed under this subchapter and may also
use public or private grants.
(c) The presiding judges of the administrative judicial
regions and the office of court administration in cooperation with
other agencies shall take action necessary to maximize the amount
of federal money available to fund the use of associate judges under
this subchapter.
Sec. 54A.315. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
authority of a presiding judge of an administrative judicial region
to assign a judge eligible for assignment under Chapter 74 to assist
in processing guardianship proceedings or protective services
proceedings in a reasonable time.
(b) If an associate judge appointed under this subchapter is
temporarily unable to perform the associate judge's official duties
because of absence resulting from family circumstances, illness,
injury, disability, or military service, or if a vacancy occurs in
the position of associate judge, the presiding judge of the
administrative judicial region, or the presiding judges of the
administrative judicial regions by majority vote, as applicable, in
which the associate judge serves or the vacancy occurs may appoint a
visiting associate judge to perform the duties of the associate
judge during the period the associate judge is unable to perform the
associate judge's duties or until another associate judge is
appointed to fill the vacancy.
(c) A person is not eligible for appointment under this
section unless the person has served for at least two years before
the date of appointment as an associate judge under this
subchapter, a district judge, a statutory county court judge, or a
statutory probate judge.
(d) A visiting associate judge appointed under this
section:
(1) is subject to each provision of this subchapter
that applies to an associate judge appointed under this subchapter;
(2) is entitled to compensation in the amount
determined by a majority vote of the presiding judges of the
administrative judicial regions using money available under this
subchapter; and
(3) is not considered a state employee for any
purpose.
(e) Section 2252.901 does not apply to the appointment of a
visiting associate judge under this section.
Sec. 54A.316. LIMITATION ON LAW PRACTICE. An associate
judge appointed under this subchapter may not engage in the private
practice of law.
Sec. 54A.317. IMMUNITY. An associate judge appointed under
this subchapter has the judicial immunity of a district judge. All
existing immunity granted an associate judge by law, express or
implied, continues in full force and effect.
SECTION 2. This Act takes effect September 1, 2021.
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