88R6599 AMF-F

By: Swanson H.B. No. 2272

A BILL TO BE ENTITLED

AN ACT

relating to associate judges and Department of Family and Protective Services representation in child protection court proceedings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 201.201, Family Code, is amended by amending Subsection (b-1) and adding Subsection (b-2) to read as follows:

(b-1) Before reappointing an associate judge appointed under Subsection (b), the presiding judge must notify each judge of the courts from which cases will be referred to the associate judge of the presiding judge's intent to reappoint the associate judge to another term. Each judge may submit to the presiding judge a recommendation on whether the associate judge should be reappointed. A presiding judge may not reappoint an associate judge to serve more than two terms.

(b-2) An associate judge appointed under this subchapter is not eligible for appointment to and may not serve more than two terms as an associate judge under this subchapter.

SECTION 2. Section 201.2021, Family Code, is amended to read as follows:

Sec. 201.2021. QUALIFICATIONS. (a) To be eligible for appointment under this subchapter, a person must:

(1) be a citizen of the United States;

(2) [,] have resided in this state for the two years preceding the date of appointment;

(3) have successfully completed at least 25 hours of continuing education in civil trial law, child welfare law, family law, or child protective investigations and child protective services programs; [,] and

(4) either be:

(A) [(1)] eligible for assignment under Section 74.054, Government Code, because the person is named on the list of retired and former judges maintained by the presiding judge of the administrative region under Section 74.055, Government Code; or

(B) [(2)] licensed to practice law in this state and have been a practicing lawyer for at least 10 years and for at least [in this state, or a judge of a court in this state who is not otherwise eligible under Subdivision (1), for the] four years in this state preceding the date of appointment.

(b) An associate judge appointed under this subchapter shall during the term of appointment reside in the [administrative judicial region, or a] county [adjacent to the region,] in which the court to which the associate judge is appointed is located. An associate judge appointed to serve in two or more courts [administrative judicial regions] may reside in any county in which one of the courts is located [anywhere in the regions].

(c) A person is not eligible for appointment under this subchapter if the person:

(1) was a state employee for the Department of Family and Protective Services or represented a party or a child in a suit under Subtitle E in the five years preceding the date of appointment;

(2) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; or

(3) resigned or retired from judicial office:

(A) after receiving notice from the State Commission on Judicial Conduct of the commencement of a full investigation under Section 33.022, Government Code, into an allegation or appearance of misconduct or disability of the judge; and

(B) before the final disposition of that investigation.

SECTION 3. Subchapter C, Chapter 201, Family Code, is amended by adding Sections 201.2022, 201.2045, and 201.2062 to read as follows:

Sec. 201.2022. CONFLICT OF INTEREST. An associate judge appointed under this subchapter may not participate in any activity a reasonable, prudent person would believe would create a conflict of interest that impairs the associate judge's ability to act impartially as an associate judge during the appointed term.

Sec. 201.2045. RECUSAL. An associate judge appointed under this subchapter shall recuse himself or herself from presiding over any proceeding involving a person or entity, other than the Department of Family and Protective Services, that:

(1) the associate judge represented in a proceeding under this code; or

(2) was a party to a suit under this code, other than a suit under Subtitle E, over which the associate judge presided before appointment as an associate judge under this subchapter.

Sec. 201.2062. COMPLAINTS ABOUT ASSOCIATE JUDGES. (a) A person may file a written complaint against an associate judge appointed under this subchapter with:

(1) the office of court administration or the State Commission on Judicial Conduct, in the form and manner prescribed by those agencies; or

(2) the regional presiding judge that appointed the associate judge, in the form and manner prescribed by the presiding judge.

(b) The office of court administration or the State Commission on Judicial Conduct shall forward a copy of each complaint against an associate judge appointed under this subchapter that is filed to the presiding judge that appointed the associate judge.

SECTION 4. Section 264.009(a), Family Code, is amended to read as follows:

(a) Except as provided by Subsection (b), (c), or (f), in any action under this code, the department shall be represented in court by the county attorney or criminal district attorney of the county where the action is brought, unless the district attorney [or criminal district attorney] of the county elects to provide representation. If the county attorney or criminal district attorney is unable to represent the department in an action under this code because of a conflict of interest or other special circumstance, and the county has a district attorney, the district attorney of the county shall represent the department in the action.

SECTION 5. Section 264.009(e), Family Code, is repealed.

SECTION 6. This Act takes effect September 1, 2023.