Bill Text: TX SB21 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to associate judges for guardianship proceedings and protective services proceedings in certain courts.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2023-10-06 - Filed [SB21 Detail]
Download: Texas-2023-SB21-Introduced.html
| 88S30101 AMF-F | ||
| By: Zaffirini | S.B. No. 21 | |
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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 this state or 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). | ||
| (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 | ||
| associate judge is appointed to serve in accordance with an order | ||
| referring the proceedings to the associate judge under Section | ||
| 54A.309. The associate 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 associate 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 this state or 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). | ||
| (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 to | ||
| read as follows: | ||
| Sec. 54A.314. FUNDING AND PERSONNEL. (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 oversight and | ||
| monitoring 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 reports and annual accounts | ||
| 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. | ||
| (b) The presiding judges of the administrative judicial | ||
| regions, state agencies, and counties may seek or 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 state money and public or private | ||
| grants. | ||
| (c) The presiding judges of the administrative judicial | ||
| regions and the office of court administration in cooperation with | ||
| other state agencies and counties shall take 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 associate judges with | ||
| the oversight and monitoring of guardianship and protective | ||
| services proceedings in the courts the associate 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 on the 91st day after the | ||
| last day of the legislative session. | ||
