| |
| |
|
|
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 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. |