85R2767 SRS-D
	By: Zaffirini	S.B. No. 963

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of a guardianship court pilot
	program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle J, Title 2, Government Code, is amended
	by adding Chapter 111 to read as follows:
	CHAPTER 111.  GUARDIANSHIP COURT PILOT PROGRAM
	Sec. 111.001.  ESTABLISHMENT OF PILOT PROGRAM. (a) The
	supreme court shall establish in at least one administrative
	judicial region selected by the supreme court a guardianship court
	pilot program to facilitate the adjudication of guardianship
	matters in the region.
	(b)  In selecting an administrative judicial region to
	participate in the guardianship court pilot program, the supreme
	court shall consider regions where appointment of an associate
	judge for guardianship proceedings would reduce the guardianship
	caseload of the courts in the region.
	Sec. 111.002.  SELECTION OF COURTS; APPOINTMENT OF ASSOCIATE
	JUDGES.  (a)  The presiding judge of an administrative judicial
	region that is selected by the supreme court for the guardianship
	court pilot program, after conferring with the judges of courts in
	the region with jurisdiction over guardianship proceedings as
	defined by Section 1002.015, Estates Code, shall determine which
	courts require the appointment of a full-time or part-time
	associate judge to complete the courts' guardianship proceedings.
	(b)  The presiding judge of the administrative judicial
	region shall appoint each associate judge from a list of the
	qualified applicants who have submitted an application to the
	Office of Court Administration of the Texas Judicial System.
	Before making the appointment, the presiding judge must provide the
	list to each judge of a court from which guardianship proceedings
	will be referred to the associate judge.  Each judge may recommend
	to the presiding judge the name of one or more applicants for
	appointment.
	(c)  An associate judge appointed under this chapter may be
	appointed to serve more than one court.
	Sec. 111.003.  REFERRAL OF GUARDIANSHIP PROCEEDINGS. (a)
	If an associate judge is appointed to serve one or more courts in an
	administrative judicial region, all guardianship proceedings as
	defined by Section 1002.015, Estates Code, shall be referred to the
	associate judge by:
	(1)  a general order for each county issued by the judge
	of the court for which the associate judge is appointed; or
	(2)  in the absence of the general order described by
	Subdivision (1), a general order issued by the presiding judge of
	the administrative judicial region who appointed the associate
	judge.
	(b)  This section does not limit the jurisdiction of a court
	to issue orders under Title 3, Estates Code.
	Sec. 111.004.  ELIGIBILITY FOR APPOINTMENT. To be eligible
	for appointment as an associate judge under this chapter, a person
	must:
	(1)  be a citizen of the United States;
	(2)  have resided in this state for two years preceding
	the appointment; and
	(3)  either 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; or
	(B)  licensed to practice law in this state and
	have been a practicing lawyer in this state, or a judge of a court in
	this state who is not otherwise eligible under Paragraph (A), for
	the four years preceding the date of appointment.
	Sec. 111.005.  TERM OF APPOINTMENT. (a)  An associate judge
	appointed under this chapter serves for a term of two years from the
	date the associate judge is appointed and qualifies unless the
	appointment order provides otherwise.
	(b)  The appointment of an associate judge for a term does
	not affect the at-will employment status of the associate judge.
	Sec. 111.006.  DESIGNATION AND RESPONSIBILITIES OF HOST
	COUNTY AND PARTICIPATING COUNTIES. (a) Subject to the approval of
	the commissioners court of the proposed host county, the presiding
	judge of the administrative judicial region shall determine the
	host county of an associate judge appointed under this chapter.
	(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)  If the courts in more than one county in an
	administrative judicial region refer guardianship proceedings to
	an associate judge appointed under this chapter, the costs for the
	associate judge shall be divided proportionately among the counties
	served by the associate judge.
	(d)  The presiding judge of the administrative judicial
	region may appoint additional personnel as necessary to implement
	and administer this chapter, subject to the approval of the
	commissioners court of the host county and any other county
	responsible for the costs of the associate judge.
	(e)  An associate judge is not required to reside in the host
	county.
	Sec. 111.007.  COMPENSATION OF ASSOCIATE JUDGE. (a)  An
	associate judge appointed under this chapter is entitled to a
	salary as determined by the presiding judge of the administrative
	judicial region, on approval of the supreme court and the
	commissioners court of each county served by the associate judge.
	The salary may not exceed 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 county
	funds available for payment of officers' salaries subject to the
	approval of each county commissioners court or from funds available
	from this state.
	Sec. 111.008.  GENERAL POWERS OF ASSOCIATE JUDGE. (a)
	Except as limited by an order of referral, an associate judge
	appointed under this chapter may:
	(1)  conduct a hearing;
	(2)  hear evidence;
	(3)  compel production of relevant evidence;
	(4)  rule on the admissibility of evidence;
	(5)  issue a summons for the appearance of witnesses;
	(6)  examine a witness;
	(7)  swear a witness for a hearing;
	(8)  make findings of fact on evidence;
	(9)  formulate conclusions of law;
	(10)  recommend an order to be rendered in a case;
	(11)  regulate all proceedings in a hearing;
	(12)  render and sign a pretrial order;
	(13)  order the attachment of a witness or party who
	fails to obey a subpoena;
	(14)  order the detention of a witness or party found
	guilty of contempt, pending approval by the referring court; and
	(15)  take action as necessary and proper for efficient
	performance of the associate judge's duties.
	(b)  On the motion of a party or of the associate judge, an
	associate judge may refer a complex matter back to the referring
	court for final disposition.
	(c)  An associate judge may recommend to the referring court
	any order after a trial on the merits.
	Sec. 111.009.  SUPERVISION OF ASSOCIATE JUDGES. The Office
	of Court Administration of the Texas Judicial System shall assist
	the presiding judge of an administrative judicial region selected
	for the guardianship court pilot program in:
	(1)  monitoring the associate judges' compliance with
	job performance standards and state laws and policies;
	(2)  addressing the training needs and resource
	requirements of the associate judges; and
	(3)  receiving, investigating, and resolving
	complaints about a particular associate judge under this chapter
	based on uniform standards adopted by the supreme court.
	Sec. 111.010.  ATTENDANCE OF BAILIFF. A bailiff may attend a
	guardianship proceeding conducted by an associate judge under this
	chapter if directed by the referring court.
	Sec. 111.011.  WITNESS. A witness appearing before an
	associate judge conducting a guardianship proceeding under this
	chapter is subject to the penalties for perjury provided by law.
	Sec. 111.012.  COURT REPORTER; RECORD. (a) A court reporter
	may be provided during a guardianship proceeding conducted by an
	associate judge under this chapter.
	(b)  A party, an associate judge, or the referring court may
	provide for a court reporter during the guardianship proceeding if
	one is not otherwise provided.
	(c)  In the absence of a court reporter or an agreement of the
	parties, the record may be preserved by any means approved by the
	associate judge.
	(d)  The referring court or associate judge may assess the
	expense of preserving the record as costs.
	Sec. 111.013.  REPORT. (a) The associate judge's report may
	contain the associate judge's findings, conclusions, or
	recommendations and may be in the form of a proposed order.  The
	associate judge's report must be in writing in the form directed by
	the referring court.
	(b)  After a hearing, the associate judge shall provide the
	parties participating in the hearing notice of the substance of the
	associate judge's report, including any proposed order.
	(c)  Notice may be given to the parties:
	(1)  in open court, by an oral statement or a copy of
	the associate judge's written report, including any proposed order;
	(2)  by certified mail, return receipt requested; or
	(3)  by facsimile transmission.
	(d)   There is a rebuttable presumption that notice is
	received on the date stated on:
	(1)  the signed return receipt, if notice was provided
	by certified mail; or
	(2)  the confirmation page produced by the facsimile
	machine, if notice was provided by facsimile transmission.
	(e)  After a hearing conducted by an associate judge, the
	associate judge shall send the associate judge's signed and dated
	report, including any proposed order, and all other papers relating
	to the case to the referring court.
	Sec. 111.014.  NOTICE OF RIGHT TO DE NOVO HEARING BEFORE
	REFERRING COURT. (a) Notice of the right to a de novo hearing
	before the referring court shall be given to all parties.
	(b)  The notice may be given:
	(1)  by oral statement in open court;
	(2)  by posting inside or outside the courtroom of the
	referring court; or
	(3)  as otherwise directed by the referring court.
	Sec. 111.015.  ORDER OF COURT. (a) Pending a de novo
	hearing before the referring court, a proposed order or judgment of
	the associate judge is in full force and effect and is enforceable
	as an order or judgment of the referring court, except for an order
	providing for the appointment of a receiver.
	(b)  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 becomes the order or judgment of the referring
	court only on the referring court's signing the proposed order or
	judgment.
	(c)  An order by an associate judge for the temporary
	detention or incarceration of a witness or party shall be presented
	to the referring court on the day the witness or party is detained
	or incarcerated.  The referring court, without prejudice to the
	right to a de novo hearing provided by Section 111.017, may approve
	the temporary detention or incarceration or may order the release
	of the party or witness, with or without bond, pending a de novo
	hearing.  If the referring court is not immediately available, the
	associate judge may order the release of the party or witness, with
	or without bond, pending a de novo hearing or may continue the
	person's detention or incarceration for not more than 72 hours.
	Sec. 111.016.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
	ORDER OR JUDGMENT. (a) Unless a party files a written request for a
	de novo hearing before the referring court, the referring court
	may:
	(1)  adopt, modify, or reject the associate judge's
	proposed order or judgment;
	(2)  hear further evidence; or
	(3)  recommit the matter to the associate judge for
	further proceedings.
	(b)  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 becomes the order
	or judgment of the referring court by operation of law without
	ratification by the referring court.
	Sec. 111.017.  DE NOVO HEARING BEFORE REFERRING COURT. (a)
	A party may request a de novo hearing before the referring court by
	filing with the clerk of the referring court a written request not
	later than the third working day after the date the party receives
	notice of the substance of the associate judge's report as provided
	by Section 111.013.
	(b)  A request for a de novo hearing under this section must
	specify the issues that will be presented to the referring court.
	(c)  In the de novo hearing before the referring court, the
	parties may present witnesses on the issues specified in the
	request for hearing.  The referring court may also consider the
	record from the hearing before the associate judge, including the
	charge to and verdict returned by a jury.
	(d)  Notice of a request for a de novo hearing before the
	referring court shall be given to the opposing attorney under Rule
	21a, Texas Rules of Civil Procedure.
	(e)  If a request for a de novo hearing before the referring
	court is filed by a party, any other party may file a request for a
	de novo hearing before the referring court not later than the third
	working day after the date the initial request was filed.
	(f)  The referring court, after notice to the parties, shall
	hold a de novo hearing not later than the 30th day after the date on
	which the initial request for a de novo hearing was filed with the
	clerk of the referring court.
	(g)  Before the start of a hearing by an associate judge, the
	parties may waive the right of a de novo hearing before the
	referring court in writing or on the record.
	(h)  The denial of relief to a party after a de novo hearing
	under this section or a party's waiver of the right to a de novo
	hearing before the referring court does not affect the right of a
	party to file a motion for new trial, motion for judgment
	notwithstanding the verdict, or other post-trial motion.
	(i)  A party may not demand a second jury in a de novo hearing
	before the referring court if the associate judge's proposed order
	or judgment resulted from a jury trial.
	Sec. 111.018.  APPELLATE REVIEW. (a) A party's failure to
	request a de novo hearing before the referring court or a party's
	waiver of the right to request a de novo hearing before the
	referring court does not deprive the party of the right to appeal to
	or request other relief from a court of appeals or the supreme
	court.
	(b)  Except as provided by Subsection (c), the date an order
	or judgment by the referring court is signed is the controlling date
	for the purposes of appeal to or request for other relief from a
	court of appeals or the supreme court.
	(c)  The date an agreed order or a default order is signed by
	an associate judge is the controlling date for the purpose of an
	appeal to, or a request for other relief relating to the order from,
	a court of appeals or the supreme court.
	Sec. 111.019.  IMMUNITY. An associate judge appointed under
	this chapter 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.
	Sec. 111.020.  CONCLUSION; REPORT.  (a)  The guardianship
	court pilot program established under this chapter concludes
	December 1, 2019.
	(b)  The Office of Court Administration of the Texas Judicial
	System and the supreme court shall prepare a report on the
	guardianship court pilot program conducted under this chapter that
	includes recommendations on the continuation of the program.  The
	office shall submit the report to the governor, the lieutenant
	governor, the speaker of the house of representatives, and each
	member of the legislature not later than December 1, 2019.  The
	office may submit an interim report not later than December 1, 2018.
	Sec. 111.021.  EXPIRATION.  This chapter expires September
	1, 2021.
	SECTION 2.  The Texas Supreme Court shall establish the
	guardianship court pilot program as required by Chapter 111,
	Government Code, as added by this Act, not later than October 1,
	2017.
	SECTION 3.  This Act takes effect September 1, 2017.