78R4442 QS-F
By: Hartnett H.B. No. 1944
A BILL TO BE ENTITLED
AN ACT
relating to the compensation of a statutory probate court judge
while assigned as a visiting judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0022, Government Code, as amended by
Chapters 65, 440, 468, and 820, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
Sec. 25.0022. ADMINISTRATION OF STATUTORY PROBATE COURTS.
(a) "Statutory probate court" has the meaning assigned by Section
3, Texas Probate Code.
(b) The judges of the statutory probate courts shall elect
from their number a presiding judge of the statutory probate
courts. The presiding judge serves a four-year term from the date
of qualification as the presiding judge.
(c) The presiding judge may perform the acts necessary to
carry out this section and to improve the management of the
statutory probate courts and the administration of justice.
(d) The presiding judge shall:
(1) ensure the promulgation of local rules of
administration in accordance with policies and guidelines set by
the supreme court;
(2) advise local statutory probate court judges on
case flow management practices and auxiliary court services;
(3) perform a duty of a local administrative statutory
probate court judge if the local administrative judge does not
perform that duty;
(4) appoint an assistant presiding judge of the
statutory probate courts;
(5) call and preside over annual meetings of the
judges of the statutory probate courts at a time and place in the
state as designated by the presiding judge;
(6) call and convene other meetings of the judges of
the statutory probate courts as considered necessary by the
presiding judge to promote the orderly and efficient administration
of justice in the statutory probate courts;
(7) study available statistics reflecting the
condition of the dockets of the probate courts in the state to
determine the need for the assignment of judges under this section;
and
(8) compare local rules of court to achieve uniformity
of rules to the extent practical and consistent with local
conditions.
(e) In addition to all other compensation, expenses, and
perquisites authorized by law, the presiding judge shall be paid
for performing the duties of a presiding judge an annual salary
equal to the maximum salary authorized by Section 74.051(b) for a
presiding judge of an administrative judicial region. The
presiding judge is entitled to receive reasonable expenses incurred
in administering those duties. The salary and expenses are paid by
the counties that have statutory probate courts, apportioned
according to the number of statutory probate courts in the county.
(f) Each county pays annually to the presiding judge, from
fees collected pursuant to Section 118.052(2)(A)(vi), Local
Government Code, the amount of the salary apportioned to it as
provided by this section and the other expenses authorized by this
section. The presiding judge shall place each county's payment of
salary and other expenses in an administrative fund, from which the
salary and other expenses are paid. The salary shall be paid in
equal monthly installments.
(g) The assistant presiding judge may assign probate judges
as provided by this section and perform the office of presiding
judge:
(1) on the death or resignation of the presiding judge
and until a successor presiding judge is elected; or
(2) when the presiding judge is unable to perform the
duties of the office because of absence, disqualification,
disabling illness, or other incapacity.
(h) A judge or a former or retired judge of a statutory
probate court may be assigned to hold court in a statutory probate
court, county court, or any statutory court exercising probate
jurisdiction when:
(1) a statutory probate judge requests assignment of
another judge to the judge's court;
(2) a statutory probate judge is absent, disabled, or
disqualified for any reason;
(3) a statutory probate judge is present or is trying
cases as authorized by the constitution and laws of this state and
the condition of the court's docket makes it necessary to appoint an
additional judge;
(4) the office of a statutory probate judge is vacant;
(5) the presiding judge of an administrative judicial
district requests the assignment of a statutory probate judge to
hear a probate matter in a county court or statutory county court;
(6) a motion to recuse the judge of a statutory probate
court has been filed;
(7) a county court judge requests the assignment of a
statutory probate judge to hear a probate matter in the county
court; or
(8) a local administrative statutory probate court
judge requests the assignment of a statutory probate judge to hear a
matter in a statutory probate court.
(i) A judge assigned under this section has the
jurisdiction, powers, and duties given by Sections 5, 5A, 5B, 606,
607, and 608, Texas Probate Code, to statutory probate court judges
by general law.
(j) [To be eligible for assignment under this section a
former or retired judge of a statutory probate court must:
[(1) not have been removed from office; and
[(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that the
judge did not resign from office after having received notice that
formal proceedings by the State Commission on Judicial Conduct had
been instituted as provided by Section 33.022 and before the final
disposition of the proceedings.
[(k)] Except as otherwise provided by this section, the
salary, compensation, and expenses of a judge assigned under this
section are paid in accordance with state law.
(k) [(l)] The daily compensation of a former or retired
judge for purposes of this section is set at an amount equal to the
daily compensation of a judge of a statutory probate court in the
county in which the former or retired judge is assigned. A former
or retired judge assigned to a county that does not have a statutory
probate court shall be paid an amount equal to the daily
compensation of a judge of a statutory probate court in the county
where the assigned judge was last elected.
(l) [(m)] An assigned judge is entitled to receive
reasonable and necessary expenses for travel, lodging, and food.
The assigned judge shall furnish the presiding judge, for
certification, an accounting of those expenses with a statement of
the number of days the judge served.
(m) [(n) A judge assigned under this section has the
jurisdiction, powers, and duties given by Sections 5, 5A, 5B, 606,
607, and 608, Texas Probate Code, to statutory probate court judges
by general law.
[(n)] The presiding judge shall certify to the county judge
in the county in which the assigned judge served:
(1) the expenses approved under Subsection (l) [(m)];
and
(2) a determination of the assigned judge's salary,
unless the salary is paid by the state in accordance with Subsection
(v).
(n) [(o)] A judge who has jurisdiction over a suit pending
in one county may, unless a party objects, conduct any of the
judicial proceedings except the trial on the merits in a different
county.
(o) The county in which the assigned judge served shall pay
out of the general fund of the county:
(1) expenses certified under Subsection (m) [(n)] to
the assigned judge; and
(2) the salary certified under Subsection (m) [(n)] to
the county in which the assigned judge serves, or, if the assigned
judge is a former or retired judge, to the assigned judge.
[(p) Except as otherwise provided by this section, the
salary, compensation, and expenses of a judge assigned under this
section are paid in accordance with state law.]
(p) In addition to all compensation and expenses authorized
by this section and other law, a judge who is assigned to a court
outside the county of the judge's residence is entitled to receive
$25 for each day or fraction of a day served. The county in which
the judge served shall pay the additional compensation from the
county's general fund on certification by the presiding judge.
[(q) The daily compensation of a former or retired judge for
purposes of this section is set at an amount equal to the daily
compensation of a judge of a statutory probate court in the county
in which the former or retired judge is assigned. A former or
retired judge assigned to a county that does not have a statutory
probate court shall be paid an amount equal to the daily
compensation of a judge of a statutory probate court in the county
where the assigned judge was last elected.]
(q) When required to attend an annual or special meeting
prescribed by this section, a judge is entitled to receive, in
addition to all other compensation allowed by law, actual and
necessary travel expenses incurred going to and returning from the
place of the meeting and actual and necessary expenses while
attending the meeting. On certification by the presiding judge,
the judge's county of residence shall pay the expenses from the
county's general fund.
[(r) An assigned judge is entitled to receive reasonable and
necessary expenses for travel, lodging, and food. The assigned
judge shall furnish the presiding judge, for certification, an
accounting of those expenses with a statement of the number of days
the judge served.]
(r) Except as provided by Subsection (v), Chapter 74 and
Subchapter I, Chapter 75, do not apply to the assignment under this
section of statutory probate court judges.
[(s) The presiding judge shall certify to the county judge
in the county in which the assigned judge served:
[(1) the expenses approved under Subsection (r); and
[(2) a determination of the assigned judge's salary.]
(s) The presiding judge may appoint any special or standing
committees of statutory probate court judges necessary or desirable
for court management and administration.
(t) [The county in which the assigned judge served shall pay
out of the general fund of the county:
[(1) expenses certified under Subsection (s) to the
assigned judge; and
[(2) the salary certified under Subsection (s) to the
county in which the assigned judge serves, or, if the assigned judge
is a former or retired judge, to the assigned judge.
[(u) In addition to all compensation and expenses
authorized by this section and other law, a judge who is assigned to
a court outside the county of the judge's residence is entitled to
receive $25 for each day or fraction of a day served. The county in
which the judge served shall pay the additional compensation from
the county's general fund on certification by the presiding judge.
[(v) When required to attend an annual or special meeting
prescribed by this section, a judge is entitled to receive, in
addition to all other compensation allowed by law, actual and
necessary travel expenses incurred going to and returning from the
place of the meeting and actual and necessary expenses while
attending the meeting. On certification by the presiding judge,
the judge's county of residence shall pay the expenses from the
county's general fund.
[(w) The presiding judge may perform the acts necessary to
carry out the provisions of this section and to improve the
management of the statutory probate courts and the administration
of justice.
[(x) Chapter 74 and Subchapter I, Chapter 75, do not apply
to the assignment under this section of statutory probate court
judges.
[(y)] To be eligible for assignment under this section a
former or retired judge of a statutory probate court must:
(1) not have been removed from office; and
(2) certify under oath to the presiding judge, on a
form prescribed by the state board of regional judges, that the
judge did not resign from office after having received notice that
formal proceedings by the State Commission on Judicial Conduct had
been instituted as provided in Section 33.022 and before the final
disposition of the proceedings.
(u) [(y)] In addition to the eligibility requirements under
Subsection (t) [(x)], to be eligible for assignment under this
section in the judge's county of residence, a former or retired
judge of a statutory probate court must certify to the presiding
judge a willingness not to:
(1) appear and plead as an attorney in any court in the
judge's county of residence for a period of two years; and
(2) accept appointment as a guardian ad litem,
guardian of the estate of an incapacitated person, or guardian of
the person of an incapacitated person in any court in the judge's
county of residence for a period of two years.
(v) Notwithstanding any other law, the salary of a judge or
a former or retired judge assigned under Subsection (h)(5) or (7) to
serve in a statutory county court or constitutional county court
shall be paid by the state in the same manner as the salary of a
retired district judge assigned under Chapter 74 to serve in a
district court or statutory county court is paid by the state.
(w) For an assigned judge whose salary is paid by the state
in accordance with Subsection (v), the presiding judge shall
certify to the state a determination of the assigned judge's
salary.
SECTION 2. The change in law made by this Act applies only
to the assignment of a statutory probate court judge made on or
after the effective date of this Act. An assignment made before the
effective date of this Act is governed by the law in effect at the
time the assignment was made, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.