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AN ACT
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relating to associate judges for guardianship proceedings and |
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protective services proceedings in certain courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54A.307, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The associate judge's salary shall be paid from: |
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(1) money available from the state and federal |
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government; |
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(2) county money available for payment of officers' |
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salaries, subject to the approval of the commissioners courts of |
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the counties in which the associate judge serves; or |
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(3) a combination of money specified by Subdivisions |
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(1) and (2). |
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(c) Notwithstanding any other law, an associate judge whose |
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salary is paid from money specified by Subsection (b)(1) or (3) is a |
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state employee for all purposes, including accrual of leave time, |
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insurance benefits, retirement benefits, and travel regulations. |
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SECTION 2. Section 54A.310, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An associate judge may oversee and monitor guardianship |
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proceedings and protective services proceedings in each court the |
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judge is appointed to serve in accordance with an order referring |
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the proceedings to the associate judge under Section 54A.309. The |
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judge's authority to oversee and monitor proceedings under this |
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subsection includes the authority to: |
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(1) review the guardianship of wards and address any |
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reporting deficiencies of guardians under Section 1163.101, |
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Estates Code, and other applicable provisions of Chapter 1163, |
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Estates Code, that are reported to the court; |
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(2) obtain and review annual accounts guardians are |
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required to file under Sections 1163.001 and 1163.002, Estates |
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Code; |
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(3) address concerns about a ward's well-being; and |
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(4) take any other action the judge considers |
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necessary to: |
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(A) ensure the efficient administration of |
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justice in guardianship proceedings and protective services |
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proceedings; and |
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(B) curtail the risk of potential abuse, fraud, |
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or exploitation of wards under a guardianship. |
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SECTION 3. Section 54A.312, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The salaries of the personnel shall be paid from: |
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(1) money available from the state and federal |
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government; |
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(2) county money available for payment of officers' |
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salaries, subject to the approval of the commissioners courts of |
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the counties in which the associate judge serves; or |
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(3) a combination of money specified by Subdivisions |
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(1) and (2). |
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(c) Notwithstanding any other law, personnel whose salary |
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is paid from money specified by Subsection (b)(1) or (3) are state |
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employees for all purposes, including accrual of leave time, |
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insurance benefits, retirement benefits, and travel regulations. |
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SECTION 4. Section 54A.314, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
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(d), and (e) to read as follows: |
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(a) The office of court administration may: |
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(1) contract for available county, state, and federal |
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money from any available source; and |
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(2) for each associate judge, employ personnel, |
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including investigators, auditors, court coordinators, and other |
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judicial staff, necessary to implement and administer this |
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subchapter. |
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(a-1) A court coordinator employed under this section shall |
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primarily assist the associate judge with administrative duties, |
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including managing caseloads. |
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(a-2) A court investigator employed under this section |
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shall primarily assist the associate judge with monitoring and |
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oversight of guardianship proceedings under Section 54A.310(c), |
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including by: |
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(1) visiting wards and guardians to address any |
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well-being concerns made known to the court; and |
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(2) reviewing annual accounts and annual reports |
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guardians are required to file under Chapter 1163, Estates Code. |
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(a-3) Personnel employed under this section are state |
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employees for all purposes, including accrual of leave time, |
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insurance benefits, retirement benefits, and travel regulations. |
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(d) The presiding judges of the administrative judicial |
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regions, state agencies, and counties may seek federal money |
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available from any source to reimburse costs and salaries |
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associated with associate judges and personnel appointed under this |
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section and may also use available state money and public or private |
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grants. |
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(e) The presiding judges of the administrative judicial |
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regions and the office of court administration in cooperation with |
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other state agencies and counties shall take the action necessary |
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to maximize the amount of federal money available to fund the use of |
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associate judges under this subchapter. |
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SECTION 5. Section 72.122, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The office, on request, shall make available to |
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associate judges appointed under Subchapter D, Chapter 54A, |
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guardianship compliance specialists and other resources and |
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assistance under the program to assist those judges with the |
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oversight and monitoring of guardianship and protective services |
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proceedings in the courts the judges are appointed to serve. |
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SECTION 6. Sections 54A.307(c), 54A.312(c), and |
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54A.314(a-3), Government Code, as added by this Act, apply only to |
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an associate judge appointed or court personnel employed on or |
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after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4128 was passed by the House on May 2, |
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2023, by the following vote: Yeas 138, Nays 6, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4128 was passed by the Senate on May |
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19, 2023, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |