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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of certain costs associated with certain |
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assignments of a statutory probate court judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 352, Estates Code, is |
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amended by adding Section 352.054 to read as follows: |
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Sec. 352.054. REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED |
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JUDGE. If a party to a probate proceeding files a motion for the |
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assignment of a statutory probate court judge to hear a contested |
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matter in the proceeding under Section 32.003 and the motion is |
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granted, the court may, on the court's own motion or on the motion |
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of the party who filed the motion for the assignment, order that a |
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county be reimbursed out of the estate for any amounts the county |
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paid as compensation and expenses under Sections 25.0022(o) and |
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(p), Government Code. |
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SECTION 2. Section 25.0022, Government Code, is amended by |
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amending Subsections (m), (o), and (p) and adding Subsection (o-1) |
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to read as follows: |
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(m) The presiding judge shall certify to the county judge in |
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the county in which the assigned judge served: |
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(1) the expenses approved under Subsection (l); [and] |
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(2) a determination of the assigned judge's salary; |
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and |
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(3) if applicable, a determination of the amounts to |
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be apportioned to a party or between two or more parties to a |
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probate proceeding as prescribed under Subsection (o-1), together |
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with the contact information of the party or parties. |
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(o) The county in which the assigned judge served shall: |
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(1) pay out of the general fund of the county: |
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(A) [(1)] expenses certified under Subsection |
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(m) to the assigned judge; and |
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(B) [(2)] the salary certified under Subsection |
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(m) to the county in which the assigned judge serves, or, if the |
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assigned judge is a former or retired judge, to the assigned judge; |
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and |
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(2) if applicable, seek reimbursement from one or more |
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parties to a probate proceeding of the amounts apportioned to a |
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party or between the parties as prescribed under Subsection (o-1). |
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(o-1) If a party to a probate proceeding files a motion for |
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the assignment of a statutory probate court judge to hear a |
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contested matter in the proceeding under Section 32.003, Estates |
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Code, and the motion is granted, the assigned statutory probate |
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court judge may, in accordance with Section 352.054, Estates Code, |
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order that the county be reimbursed as an expense from the estate |
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for any amounts the county paid as compensation and expenses under |
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Subsections (o) and (p). If the statutory probate court judge does |
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not order the reimbursement of the county from the estate under this |
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subsection: |
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(1) subject to Subdivision (2), the party who |
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requested the assignment shall reimburse the county for the amounts |
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paid by the county as compensation and expenses under Subsections |
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(o) and (p); and |
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(2) if more than one party to a proceeding filed the |
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motion for the assignment of the statutory probate court judge, the |
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statutory probate court judge shall: |
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(A) prescribe the amounts or manner by which the |
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judge's compensation and expenses are to be equitably apportioned |
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between those parties for purposes of reimbursement under this |
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section; and |
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(B) provide the amounts or manner of |
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apportionment to the presiding judge. |
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(p) In addition to all compensation and expenses authorized |
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by this section and other law, a judge who is assigned to a court |
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outside the county of the judge's residence is entitled to receive |
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$25 for each day or fraction of a day served. Subject to Subsection |
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(o-1), the [The] county in which the judge served shall pay the |
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additional compensation from the county's general fund on |
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certification by the presiding judge. |
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SECTION 3. Section 25.0022, Government Code, as amended by |
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this Act, applies only to a motion for the assignment of a statutory |
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probate court judge under Section 32.003, Estates Code, that is |
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filed on or after the effective date of this Act. A motion filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the motion was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |