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78R4961 KLA-D
By: Goodman H.B. No. 823
A BILL TO BE ENTITLED
AN ACT
relating to associate judges for certain family law matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 201, Family Code, is
amended to read as follows:
CHAPTER 201. ASSOCIATE JUDGE[; CHILD SUPPORT MASTER]
SECTION 2. Section 201.001(e), Family Code, is amended to
read as follows:
(e) This section does not apply to [a master appointed under
Subchapter B or] an associate judge appointed under Subchapter B or
C.
SECTION 3. Section 201.003(d), Family Code, is amended to
read as follows:
(d) This section does not apply to [a master appointed under
Subchapter B or] an associate judge appointed under Subchapter B or
C.
SECTION 4. Section 201.004(d), Family Code, is amended to
read as follows:
(d) This section does not apply to [a master appointed under
Subchapter B or] an associate judge appointed under Subchapter B or
C.
SECTION 5. Section 201.018(d), Family Code, is amended to
read as follows:
(d) This section does not apply to an associate judge [a
master] appointed under Subchapter B.
SECTION 6. The heading to Subchapter B, Chapter 201, Family
Code, is amended to read as follows:
SUBCHAPTER B. ASSOCIATE JUDGE FOR TITLE IV-D CASES [CHILD SUPPORT
MASTER AND COURT MONITOR]
SECTION 7. Sections 201.101(a), (c), and (d), Family Code,
are amended to read as follows:
(a) The presiding judge of each administrative judicial
region, after conferring with the judges of courts in the region
having jurisdiction of Title IV-D cases, shall determine which
courts require the appointment of a full-time or part-time
associate judge [master] to complete each Title IV-D case within
the time specified in this subchapter.
(c) An associate judge [A master] appointed under this
subchapter may be appointed to serve more than one court. Two or
more judges of administrative judicial regions may jointly appoint
one or more associate judges [masters] to serve the regions.
(d) If the presiding judge determines that a court requires
an associate judge [a master], the presiding judge shall appoint an
associate judge [a master]. If an associate judge [a master] is
appointed for a court, all Title IV-D cases shall be referred to the
associate judge [master] by a general order for each county issued
by the judge of the court for which the associate judge [master] is
appointed, or, in the absence of that order, by a general order
issued by the presiding judge who appointed the associate judge
[master]. Referral of Title IV-D cases may not be made for
individual cases or case by case.
SECTION 8. Sections 201.102, 201.103, 201.104, and
201.1041, Family Code, are amended to read as follows:
Sec. 201.102. APPLICATION OF LAW GOVERNING ASSOCIATE
JUDGES. (a) [The provisions of] Subchapter A applies to [relating
to the qualifications, powers, and immunity of] an associate judge
appointed under this subchapter [apply to a master appointed under
this subchapter], except that, to the extent of any conflict
between this subchapter and Subchapter A, this subchapter prevails.
(b) An associate judge appointed under this subchapter [a
master:
[(1)] may reside anywhere within the administrative
judicial region in which the court to which the associate judge
[master] is appointed is located. An associate judge [or, if a
master is] appointed to serve in two or more administrative
judicial regions[,] may reside anywhere within the regions[; and
[(2) may not be designated as an associate judge].
[(b) Except as provided by this subchapter, the provisions
of Subchapter A relating to an associate judge apply to a master
appointed under this subchapter.]
Sec. 201.103. DESIGNATION OF HOST COUNTY. (a) The
presiding judges of the administrative judicial regions by majority
vote shall determine the host county of an associate judge [a
master] appointed under this subchapter.
(b) The host county shall provide an adequate courtroom and
quarters, including furniture, necessary utilities, and telephone
equipment and service, for the associate judge [master] and other
personnel assisting the associate judge [master].
(c) An associate judge [A master] is not required to reside
in the host county.
Sec. 201.104. POWERS [AND DUTIES] OF ASSOCIATE JUDGE
[MASTER]. (a) On the motion of a party or the associate judge, an
associate judge [a master] may refer a complex case back to the
judge for final disposition after the associate judge [master] has
recommended temporary support.
(b) An associate judge [A master shall take testimony and
make a record in all Title IV-D cases as provided by this chapter.
[(c) A master] may render and sign any order that is not a
final order on the merits of the case.
(c) An associate judge [(d) A master] may recommend to the
referring court any order after a trial on the merits.
(d) [(e)] Only the referring court may hear and render an
order on a motion for postjudgment relief, including a motion [an
order] for a new trial or to vacate, correct, or reform a judgment.
(e) Notwithstanding Subsection (d) and subject to Section
201.1042(g), an associate judge may hear and render an order on:
(1) a suit to modify or clarify an existing child
support order;
(2) a motion to enforce a child support order or revoke
a respondent's community supervision and suspension of commitment;
or
(3) a respondent's compliance with the conditions
provided in the associate judge's report for suspension of the
respondent's commitment.
Sec. 201.1041. JUDICIAL ACTION ON ASSOCIATE JUDGE'S
[MASTER'S] REPORT. (a) If an appeal to the referring court is not
filed or the right to appeal is waived, a recommendation of the
associate judge [master], other than a recommendation of
enforcement by contempt or a recommendation of the immediate
incarceration of a party, shall become an order of the referring
court by operation of law without ratification by the referring
court.
(b) An associate judge's [A master's] report that recommends
enforcement by contempt or the immediate incarceration of a party
becomes an order of the referring court only if:
(1) the referring court signs an order adopting the
associate judge's [master's] recommendation; and
(2) the order meets the requirements of Section
157.166.
(c) Except as provided by Subsection (b), the decisions and
recommendations of the associate judge [master] have full force and
effect and are enforceable as an order of the referring court during
an appeal of the associate judge's [master's] report to the
referring court.
SECTION 9. Section 201.1042, Family Code, is amended by
amending Subsections (a), (b), (c), and (g), and adding Subsection
(c-1) to read as follows:
(a) Except as provided by [in] this section, Section 201.015
applies to an appeal of the associate judge's [master's]
recommendations.
(b) The party appealing an associate judge's [a master's]
recommendation shall file notice with the referring court and the
clerk of the court.
(c) A respondent who timely files an appeal of an associate
judge's [a master's] report recommending incarceration after a
finding of contempt shall be brought before the referring court not
later than the first working day after the date on which the
respondent files [of filing] the appeal. The referring court shall
determine whether the respondent should be released on bond or
whether the respondent's appearance in court at a designated time
and place can be otherwise assured.
(c-1) If the referring court is not available to conduct the
hearing under Subsection (c) within the required time, the
associate judge may conduct the hearing and determine whether the
respondent may be released in accordance with this section.
(g) Until a hearing is held on a timely filed appeal under
this section or the referring court has rendered an order on a
timely filed motion for new trial or a motion to vacate, correct, or
reform a judgment, an associate judge [a master] may not hold a
hearing on the respondent's compliance with conditions in the
associate judge's [master's] report for suspension of commitment or
on a motion to revoke the respondent's community supervision and
suspension of commitment [incarceration].
SECTION 10. Sections 201.105, 201.106, 201.1065, and
201.1066, Family Code, are amended to read as follows:
Sec. 201.105. COMPENSATION OF ASSOCIATE JUDGE [MASTER].
(a) An associate judge [A master] appointed under this subchapter
is entitled to a salary to be determined by a majority vote of the
presiding judges of the administrative judicial regions. The
salary may not exceed 90 percent of the salary paid to a district
judge as set by the General Appropriations Act [state general
appropriations act].
(b) The associate judge's [master's] salary shall be paid
from [the] county funds [fund] available for payment of officers'
salaries or from funds available from the state and federal
government as provided by this subchapter [in Section 201.107].
Sec. 201.106. CHILD SUPPORT COURT MONITOR AND OTHER
PERSONNEL. (a) The presiding judge of an administrative judicial
region or the presiding judges of the administrative judicial
regions, by majority vote, may appoint other personnel, including a
child support court monitor for each associate judge [master]
appointed under this subchapter, as needed to implement and
administer the provisions of this subchapter.
(b) The salaries [salary] of the personnel and court
monitors shall be paid from [the] county funds [fund] available for
payment of officers' salaries or from funds available from the
state and federal government as provided by this subchapter
[Section 201.107].
Sec. 201.1065. DUTIES OF CHILD SUPPORT COURT MONITOR. (a) A
child support court monitor appointed under this subchapter
[Section 201.106] shall monitor child support cases in which the
obligor is placed on probation for failure to comply with the
requirements of a child support order.
(b) In monitoring a child support case, a court monitor
shall:
(1) conduct an intake assessment of the needs of an
obligor that, if addressed, would enable the obligor to comply with
a child support order;
(2) refer an obligor to employment services offered by
the employment assistance program under Section 302.0035, Labor
Code, if appropriate;
(3) provide mediation services or referrals to
services, if appropriate;
(4) schedule periodic contacts with an obligor to
assess compliance with the child support order and whether
additional support services are required; [and]
(5) monitor the amount and timeliness of child support
payments owed and paid by an obligor; and
(6) if appropriate, recommend that the court:
(A) discharge an obligor from or modify the terms
of the obligor's community supervision; or
(B) revoke an obligor's community supervision.
Sec. 201.1066. SUPERVISION OF ASSOCIATE JUDGES [MASTERS].
[(a) Not later than January 1, 2000, the office of court
administration and the presiding judges of the administrative
judicial regions shall report to the legislature a plan to improve
the efficiency of the masters appointed under this subchapter and
the masters' participation in the child support enforcement program
in the state.
[(b) The plan must:
[(1) contain written personnel performance standards
and require annual performance evaluations for the masters and
other personnel appointed under this subchapter;
[(2) require uniform practices;
[(3) address training needs and resource requirements
of the masters;
[(4) ensure accountability of the masters for
complying with applicable federal and state law, including statutes
regarding a minimum 40-hour workweek and working hours under
Chapter 658, Government Code; and
[(5) require a uniform process for receiving,
handling, and resolving complaints about individual masters or the
child support masters program under this subchapter.
[(c)] The office of court administration shall assist the
presiding judges in:
(1) monitoring the associate judges' [masters']
compliance with job performance standards and federal and state
laws and policies;
(2) addressing the training needs and resource
requirements of the associate judges;
(3) conducting annual performance evaluations for the
associate judges and other personnel appointed under this
subchapter based on written personnel performance standards
adopted by the presiding judges; and
(4) receiving, investigating, and resolving
complaints about particular associate judges or the associate judge
program under this subchapter based on a uniform process adopted by
the presiding judges.
SECTION 11. Sections 201.107(a) and (b), Family Code, are
amended to read as follows:
(a) The office of court administration may contract with the
Title IV-D agency for available state and federal funds under Title
IV-D and may employ personnel needed to implement and administer
this subchapter. An associate judge [A master], a court monitor for
each associate judge [master], and other personnel appointed under
this subchapter 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 contract with the Title
IV-D agency for available federal funds under Title IV-D to
reimburse costs and salaries associated with associate judges
[masters], court monitors, and personnel appointed under this
subchapter and may also use available state funds and public or
private grants.
SECTION 12. Section 201.110(a), Family Code, is amended to
read as follows:
(a) Title IV-D cases must be completed from the time of
successful service to the time of disposition within the following
time:
(1) 75 [90] percent within six [three] months; and
(2) 90 [98] percent within [six months; and
[(3) 100 percent within] one year.
SECTION 13. The heading to Section 201.111, Family Code, is
amended to read as follows:
Sec. 201.111. TIME TO ACT ON ASSOCIATE JUDGE'S [MASTER'S]
REPORT THAT INCLUDES FINDING OF CONTEMPT.
SECTION 14. Section 201.111(a), Family Code, is amended to
read as follows:
(a) Not later than the 10th day after the date an associate
judge's [a master's] report recommending a finding of contempt is
filed, the referring court shall:
(1) adopt, approve, or reject the [master's] report;
(2) hear further evidence; or
(3) recommit the matter for further proceedings.
SECTION 15. Sections 201.112 and 201.113, Family Code, are
amended to read as follows:
Sec. 201.112. LIMITATION ON LAW PRACTICE BY CERTAIN
ASSOCIATE JUDGES [MASTER]. A full-time associate judge appointed
under this subchapter [A master] may not engage in the private
practice of law.
Sec. 201.113. VISITING ASSOCIATE JUDGE [CHILD SUPPORT
MASTER]. (a) If an associate judge [a child support master]
appointed under this subchapter is temporarily unable to perform
the associate judge's [master's] official duties because of absence
resulting from family circumstances, illness, injury, [or]
disability, or military service, or if there is a vacancy in the
position of associate judge, the presiding judge of the
administrative judicial region in which the associate judge
[master] serves or the vacancy occurs may appoint a visiting
associate judge for Title IV-D cases [child support master] to
perform the duties of the associate judge [master] during the
period the associate judge [master] is unable to perform the
associate judge's [master's] duties or until another associate
judge is appointed to fill the vacancy.
(b) A person is not eligible for appointment under this
section unless the person has served as a child support master or
associate judge for at least two years before the date of
appointment.
(c) A visiting associate judge [master] appointed under
this section is subject to each provision of this chapter that
applies to an associate judge [a child support master] serving
under a regular appointment under this subchapter. A visiting
associate judge [master] appointed under this section is entitled
to compensation to be determined by a majority vote of the presiding
judges of the administrative judicial regions through use of funds
under this subchapter [Section 201.105(b)]. A visiting associate
judge is not considered to be a state employee for any purpose.
SECTION 16. The heading to Subchapter C, Chapter 201,
Family Code, is amended to read as follows:
SUBCHAPTER C. ASSOCIATE JUDGE FOR [SUBSTITUTE CARE AND]
CHILD PROTECTION [PROTECTIVE SERVICES] CASES
SECTION 17. Sections 201.201(a) and (d), Family Code, are
amended to read as follows:
(a) The presiding judge of each administrative judicial
region, after conferring with the judges of courts in the region
having family law jurisdiction and a child protection [substitute
care] caseload, shall determine which courts require the
appointment of a full-time or part-time associate judge to complete
each case within the times specified in Chapters 262 and 263.
(d) If the presiding judge determines that a court requires
an associate judge, the presiding judge shall appoint an associate
judge. If an associate judge is appointed for a court, all child
protection [substitute care] cases shall be referred to the
associate judge by a general order for each county issued by the
judge of the court for which the associate judge is appointed or, in
the absence of that order, by a general order issued by the
presiding judge who appointed the associate judge.
SECTION 18. Section 201.204, Family Code, is amended to
read as follows:
Sec. 201.204. GENERAL POWERS [AND DUTIES] OF ASSOCIATE
JUDGE. (a) On the motion of a party or the associate judge, an
associate judge may refer a complex case back to the referring court
for final disposition after recommending temporary orders for the
protection of a child.
(b) An associate judge may render and sign any order that is
not a final order on the merits of the case.
(c) An associate judge may recommend to the referring court
any order after a trial on the merits [shall take testimony and make
a record in a case as provided by this chapter].
SECTION 19. Subchapter C, Family Code, is amended by adding
Sections 201.2041 and 201.2042 to read as follows:
Sec. 201.2041. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
If an appeal to the referring court is not filed or the right to
appeal is waived, a recommendation of the associate judge becomes
an order of the referring court by operation of law without
ratification by the referring court.
Sec. 201.2042. APPEAL TO REFERRING COURT. (a) Except as
provided by this section, Section 201.015 applies to an appeal of
the associate judge's recommendations.
(b) The party appealing an associate judge's recommendation
shall file notice with the referring court and the clerk of the
court.
SECTION 20. Section 201.205(b), Family Code, is amended to
read as follows:
(b) The associate judge's salary shall be paid from county
funds available for payment of officers' salaries subject to the
approval of the commissioners court or from funds available from
the state and federal governments as provided by this subchapter
[in Section 201.207].
SECTION 21. Section 201.206(b), Family Code, is amended to
read as follows:
(b) The salaries [salary] of the personnel shall be paid
from county funds available for payment of officers' salaries
subject to the approval of the commissioners court or from funds
available from the state and federal governments as provided by
this subchapter [Section 201.207].
SECTION 22. Subchapter C, Chapter 201, Family Code, is
amended by adding Section 201.2061 to read as follows:
Sec. 201.2061. SUPERVISION OF ASSOCIATE JUDGES. The office
of court administration shall assist the presiding judges in:
(1) monitoring the associate judges' compliance with
any applicable 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 the associate judges;
(3) conducting annual performance evaluations for the
associate judges and other personnel appointed under this
subchapter based on written personnel performance standards
adopted by the presiding judges; and
(4) receiving, investigating, and resolving
complaints about particular associate judges or the associate judge
program under this subchapter based on a uniform process adopted by
the presiding judges.
SECTION 23. Section 201.208, Family Code, is amended to
read as follows:
Sec. 201.208. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
VISITING ASSOCIATE JUDGES [JUDGE FOR CHILD PROTECTION CASES]. (a)
[The presiding judge of an administrative judicial region may
appoint an associate judge for a court handling child protection
cases.
[(b)] This chapter does not limit the authority of a
presiding judge to assign a judge eligible for assignment under
Chapter 74, Government Code, [appoint visiting or retired judges]
to assist in processing cases 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 there is a vacancy in
the position of associate judge, the presiding judge of the
administrative judicial region 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 as an associate judge for at
least two years before the date of appointment.
(d) A visiting associate judge appointed under this section
is subject to each provision of this chapter that applies to an
associate judge serving under a regular appointment under this
subchapter. A visiting associate judge appointed under this
section is entitled to compensation, to be determined by a majority
vote of the presiding judges of the administrative judicial
regions, through use of funds under this subchapter. A visiting
associate judge is not considered to be a state employee for any
purpose.
SECTION 24. Subchapter C, Chapter 201, Family Code, is
amended by adding Section 201.209 to read as follows:
Sec. 201.209. LIMITATION ON LAW PRACTICE BY ASSOCIATE
JUDGE. An associate judge appointed under this subchapter may not
engage in the private practice of law.
SECTION 25. Section 231.012(a), Family Code, is amended to
read as follows:
(a) The director of the Title IV-D agency shall establish a
county advisory work group to assist the Title IV-D agency in
developing and changing child support programs that affect
counties. The work group shall consist of at least one of each of
the following:
(1) county judge;
(2) county commissioner;
(3) district clerk;
(4) domestic relations officer;
(5) associate judge for Title IV-D cases [master]; and
(6) district court judge.
SECTION 26. Section 54.873(b), Government Code, is amended
to read as follows:
(b) The salary may not be less than the salary authorized to
be paid to an associate judge for Title IV-D [a master for family
law] cases appointed under Subchapter B, Chapter 201, Family Code.
SECTION 27. Sections 201.108 and 201.109, Family Code, are
repealed.
SECTION 28. A reference in law to a child support master
under Subchapter B, Chapter 201, Family Code, means an associate
judge under Subchapter B, Chapter 201, Family Code, as amended by
this Act.
SECTION 29. This Act takes effect September 1, 2003.
COMMITTEE AMENDMENT NO. 1
Amends H.B. 823 as follows:
On page 2, line 19, after "associate judge" insert "for Title
IV-D cases".
On page 2, line 20, after the first reference to "associate
judge" insert "for that purpose. Except as provided under
subsection (e)"; strike the period and replace with a comma; and
replace "If" with "if".
On page 2, line 21, after "court" insert "under this
chapter".
On page 3, line 1, add "(e) If a county has entered into a
contract with the Title IV-D agency under Section 231.0011,
enforcement services may be directly provided by county personnel,
as provided under Section 231.0011(d), including judges and
associate judges of the courts of the county."
On page 6, delete subsection (c-1)(lines 10-13).
On page 13, line 15, after "any" insert "pre-trial", insert a
period after "order", and delete the remainder of lines 15 and 16.
Hodge