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.