By: Murr (Senate Sponsor - Zaffirini) H.B. No. 79
         (In the Senate - Received from the House April 13, 2021;
  April 13, 2021, read first time and referred to Committee on
  Jurisprudence; May 22, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 22, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 79 By:  Huffman
 
 
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.  Chapter 54A, Government Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D. ASSOCIATE JUDGE FOR GUARDIANSHIP PROCEEDINGS AND
  PROTECTIVE SERVICES PROCEEDINGS IN CERTAIN COURTS
         Sec. 54A.301.  DEFINITIONS. In this subchapter:
               (1)  "Guardianship proceeding" has the meaning
  assigned by Section 1002.015, Estates Code.
               (2)  "Office of court administration" means the Office
  of Court Administration of the Texas Judicial System.
               (3)  "Protective services proceeding" means a
  proceeding commenced under Chapter 48, Human Resources Code.
               (4)  "Ward" has the meaning assigned by Section
  1002.030, Estates Code.
         Sec. 54A.302.  APPLICABILITY. This subchapter applies only
  with respect to:
               (1)  a county court with jurisdiction over guardianship
  proceedings or protective services proceedings; and
               (2)  a statutory county court with jurisdiction over:
                     (A)  guardianship proceedings, other than a court
  created by statute and designated as a statutory probate court
  under Chapter 25; or
                     (B)  protective services proceedings.
         Sec. 54A.303.  APPLICABILITY OF OTHER LAW; CONSTRUCTION OF
  SUBCHAPTER. (a) Subchapter C applies to an associate judge
  appointed under this subchapter except to the extent of a conflict
  with this subchapter.
         (b)  Nothing in this subchapter limits the authority of a
  court to which this subchapter applies to issue an order under Title
  3, Estates Code, or Chapter 48, Human Resources Code.
         Sec. 54A.304.  APPOINTMENT. (a)  The presiding judge of each
  administrative judicial region, after conferring with the judges of
  courts to which this subchapter applies in the region, shall
  determine whether those courts require the appointment of a
  full-time or part-time associate judge to assist the courts with
  conducting:
               (1)  guardianship proceedings, including with
  conducting annual reviews of guardianships; or
               (2)  protective services proceedings.
         (b)  If the presiding judge of an administrative judicial
  region determines the courts described by Subsection (a) require
  the appointment of an associate judge, the presiding judge shall
  appoint an associate judge from a list of applicants who submit an
  application to the office of court administration and meet the
  qualifications prescribed by Section 54A.305.  Before making the
  appointment, the presiding judge must provide the list to each
  judge of a court from which guardianship proceedings or protective
  services proceedings will be referred to the associate judge.  Each
  of those judges and the presiding judge of the statutory probate
  courts may recommend to the presiding judge of the administrative
  judicial region one or more of the listed applicants for
  appointment.
         (c)  Before reappointing an associate judge appointed under
  Subsection (b), a presiding judge of an administrative judicial
  region must notify each judge of a court from which guardianship
  proceedings or protective services proceedings will be referred to
  the associate judge of the presiding judge's intent to reappoint
  the associate judge for another term.  Each of those judges and the
  presiding judge of the statutory probate courts may submit to the
  presiding judge of the administrative judicial region a
  recommendation on whether the associate judge should be
  reappointed.
         (d)  An associate judge appointed under this subchapter
  serves the courts to which this subchapter applies in the
  administrative judicial region that are specified by the appointing
  presiding judge. Two or more presiding judges of administrative
  judicial regions may jointly appoint one or more associate judges
  under this subchapter to serve specified courts to which this
  subchapter applies in the presiding judges' regions.
         Sec. 54A.305.  QUALIFICATIONS. (a) To be eligible for
  appointment as an associate judge under this subchapter, a person
  must:
               (1)  be a citizen of the United States;
               (2)  be a resident of this state for the two years
  preceding the date of appointment; and
               (3)  be:
                     (A)  eligible for assignment under Section 74.054
  because the person is named on the list of retired and former judges
  maintained by the presiding judge of the administrative judicial
  region under Section 74.055;
                     (B)  eligible for assignment under Section
  25.0022 by the presiding judge of the statutory probate courts; or
                     (C)  licensed to practice law in this state and
  have at least four years of experience in guardianship proceedings
  or protective services proceedings before the date of appointment
  as a practicing attorney in this state or a judge of a court in this
  state.
         (b)  An associate judge appointed under this subchapter to
  serve in one administrative judicial region shall, during the term
  of appointment, reside in that region or in a county adjacent to
  that region.  An associate judge appointed to serve in two or more
  administrative judicial regions may reside anywhere in the regions.
         Sec. 54A.306.  TERM OF APPOINTMENT; TERMINATION.  (a)  An
  associate judge appointed under this subchapter serves for a term
  of four years from the date the associate judge is appointed and
  qualifies for office.
         (b)  The appointment of an associate judge for a term does
  not affect the at-will employment status of the associate judge.  An
  appointing presiding judge of an administrative judicial region or
  the successor presiding judge of the region may terminate the
  associate judge's appointment at any time.
         Sec. 54A.307.  COMPENSATION OF ASSOCIATE JUDGE. (a)  An
  associate judge appointed under this subchapter is entitled to a
  salary in an amount equal to 90 percent of the salary paid to a
  district judge as set by the General Appropriations Act.
         (b)  The associate judge's salary shall be paid from:
               (1)  money available from 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).
         Sec. 54A.308.  DESIGNATION AND RESPONSIBILITIES OF HOST
  COUNTY. (a) Subject to the approval of the commissioners court of
  the proposed host county:
               (1)  the appointing presiding judge of the
  administrative judicial region shall determine the host county of
  an associate judge appointed to serve in one administrative
  judicial region; and
               (2)  the appointing presiding judges of the
  administrative judicial regions shall by majority vote determine
  the host county of an associate judge appointed to serve in more
  than one administrative judicial region.
         (b)  The host county shall provide an adequate courtroom and
  quarters, including furniture, necessary utilities, and telephone
  equipment and service, for the associate judge and other personnel
  assisting the associate judge.
         (c)  Except as provided by Section 54A.305(b), an associate
  judge is not required to reside in the host county.
         Sec. 54A.309.  METHODS OF REFERRAL.  (a)  Guardianship
  proceedings or protective services proceedings shall be referred to
  an associate judge appointed under this subchapter by a general
  order issued by the judge of each court the associate judge is
  appointed to serve.
         (b)  A general order issued under this section may be amended
  or withdrawn at any time by the judge of the court issuing the
  order.
         (c)  In lieu of a general order, the judge of a court the
  associate judge is appointed to serve by order may refer a specific
  guardianship proceeding or a specific protective services
  proceeding to the associate judge.
         Sec. 54A.310.  GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
  the motion of a party or the associate judge, an associate judge may
  return a complex guardianship proceeding to the referring court for
  final disposition after recommending temporary orders for the
  protection of a ward.
         (b)  An associate judge may:
               (1)  render and sign any pretrial order; and
               (2)  recommend to the referring court any order after a
  trial on the merits.
         Sec. 54A.311.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
  ORDER OR JUDGMENT. If a request for a de novo hearing before the
  referring court is not timely filed or the right to a de novo
  hearing before the referring court is waived, the proposed order or
  judgment of the associate judge for the guardianship proceeding or
  protective services proceeding becomes the order or judgment of the
  referring court by operation of law without ratification by the
  referring court.
         Sec. 54A.312.  PERSONNEL. (a) The appointing presiding
  judge of an administrative judicial region or appointing presiding
  judges of the administrative judicial regions, by majority vote, as
  applicable, may appoint the personnel needed to assist an associate
  judge in implementing and administering this subchapter.
         (b)  The salaries of the personnel shall be paid from:
               (1)  money available from 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).
         Sec. 54A.313.  SUPERVISION, TRAINING, AND EVALUATION OF
  ASSOCIATE JUDGES. (a)  The office of court administration shall
  assist the presiding judges of the administrative judicial regions
  in:
               (1)  monitoring associate judges' compliance with 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 associate judges;
               (3)  conducting annual performance evaluations for
  associate judges and other personnel appointed under this
  subchapter based on written personnel performance standards
  adopted by the presiding judges and performance information
  solicited from the referring courts and other relevant persons; and
               (4)  receiving, investigating, and resolving
  complaints about an individual associate judge or the associate
  judge program under this subchapter based on a uniform process
  adopted by the presiding judges.
         (b)  The office of court administration shall develop
  procedures and a written evaluation form to be used by the presiding
  judges in conducting the annual performance evaluations under
  Subsection (a)(3).
         (c)  The office of court administration shall develop
  caseload standards for associate judges to ensure adequate
  staffing.
         (d)  Each judge of a court that refers guardianship
  proceedings or protective services proceedings to an associate
  judge under this subchapter may submit to the appropriate presiding
  judges or the office of court administration information on the
  associate judge's performance during the preceding year based on a
  uniform process adopted by the presiding judges.
         Sec. 54A.314.  FUNDING AND PERSONNEL. (a)  The office of
  court administration may:
               (1)  contract for available county and federal money
  from any available source; and
               (2)  employ personnel, including investigators,
  auditors, court coordinators, and other judicial staff, necessary
  to implement and administer this subchapter.
         (b)  The presiding judges of the administrative judicial
  regions and counties may 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 public or private grants.
         (c)  The presiding judges of the administrative judicial
  regions and the office of court administration in cooperation with
  other agencies shall take action necessary to maximize the amount
  of federal money available to fund the use of associate judges under
  this subchapter.
         Sec. 54A.315.  ASSIGNMENT OF JUDGES AND APPOINTMENT OF
  VISITING ASSOCIATE JUDGES. (a)  This subchapter does not limit the
  authority of a presiding judge of an administrative judicial region
  to assign a judge eligible for assignment under Chapter 74 to assist
  in processing guardianship proceedings or protective services
  proceedings 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 a vacancy occurs in
  the position of associate judge, the presiding judge of the
  administrative judicial region, or the presiding judges of the
  administrative judicial regions by majority vote, as applicable, 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 for at least two years before
  the date of appointment as an associate judge under this
  subchapter, a district judge, a statutory county court judge, or a
  statutory probate judge.
         (d)  A visiting associate judge appointed under this
  section:
               (1)  is subject to each provision of this subchapter
  that applies to an associate judge appointed under this subchapter;
               (2)  is entitled to compensation in the amount
  determined by a majority vote of the presiding judges of the
  administrative judicial regions using money available under this
  subchapter; and
               (3)  is not considered a state employee for any
  purpose.
         (e)  Section 2252.901 does not apply to the appointment of a
  visiting associate judge under this section.
         Sec. 54A.316.  LIMITATION ON LAW PRACTICE. An associate
  judge appointed under this subchapter may not engage in the private
  practice of law.
         Sec. 54A.317.  IMMUNITY. An associate judge appointed under
  this subchapter has the judicial immunity of a district judge. All
  existing immunity granted an associate judge by law, express or
  implied, continues in full force and effect.
         SECTION 2.  This Act takes effect September 1, 2021.
 
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