87R2461 CAE-F     By: Zaffirini S.B. No. 691       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 state and federal   governments as provided by this subchapter;                (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.  Guardianship   proceedings or protective services proceedings shall be referred to   an associate judge appointed under this subchapter by:                (1)  a general order issued by the judge of each court   the associate judge is appointed to serve; or                (2)  in the absence of an order described by   Subdivision (1), a general order issued by the presiding judge or   judges of the administrative judicial region or regions who   appointed 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 state and federal   governments as provided by this subchapter;                (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, state, 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)  Personnel employed under this section are state   employees for all purposes, including accrual of leave time,   insurance benefits, retirement benefits, and travel regulations.          (c)  The presiding judges of the administrative judicial   regions, state agencies, 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 available state money and public or   private grants.          (d)  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.