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