reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.212. Report

Sec. 54A.212.  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.
(b)  The associate judge shall prepare a report in the form directed by the referring court, including in the form of:
(1)  a notation on the referring court's docket sheet or in the court's jacket; or
(2)  a proposed order.
(c)  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.
(d)  Notice may be given to the parties:
(1)  in open court, by an oral statement, or by providing a copy of the associate judge's written report, including any proposed order;
(2)  by certified mail, return receipt requested;
(3)  by facsimile transmission; or
(4)  by electronic mail.
(e)  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;
(2)  the confirmation page produced by the facsimile machine, if notice was provided by facsimile transmission; or
(3)  a printout evidencing submission of the electronic mail message, if notice was provided by electronic mail.
(f)  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.
Transferred, redesignated and amended from Government Code, Subchapter G, Chapter 54 by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.213. Notice of Right to De Novo Hearing Before Referring Court

Sec. 54A.213.  NOTICE OF RIGHT TO DE NOVO HEARING BEFORE REFERRING COURT.  (a)  An associate judge shall give all parties notice of the right to a de novo hearing before the referring court.
(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.
(c)  Before the start of a hearing by an associate judge, a party may waive the right to a de novo hearing before the referring court in writing or on the record.
Transferred, redesignated and amended from Government Code, Subchapter G, Chapter 54 by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.214. Order of Court

Sec. 54A.214.  ORDER OF COURT.  (a)  Pending a de novo hearing before the referring court, the decisions and recommendations of the associate judge or a proposed order or judgment of the associate judge has the 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)  Except as provided by Section 54A.209(c), 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 decisions and recommendations of the associate judge or the proposed order or judgment of the associate judge becomes the order or judgment of the referring court at the time the judge of the referring court signs 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 54A.216, 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.
Transferred, redesignated and amended from Government Code, Subchapter G, Chapter 54 by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.215. Judicial Action on Associate Judge's Proposed Order or Judgment

Sec. 54A.215.  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)  The judge of the referring court shall sign a proposed order or judgment the court adopts as provided by Subsection (a)(1) not later than the 30th day after the date the associate judge signed the order or judgment.
Transferred, redesignated and amended from Government Code, Subchapter G, Chapter 54 by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.216. De Novo Hearing Before Referring Court

Sec. 54A.216.  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 seventh working day after the date the party receives notice of the substance of the associate judge's report as provided by Section 54A.212.
(b)  A request for a de novo hearing under this section must specify the issues that will be presented to the referring court.  The de novo hearing is limited to the specified issues.
(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, if the record was taken by a court reporter.
(d)  Notice of a request for a de novo hearing before the referring court must be given to the opposing attorney in the manner provided by 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 seventh working day after the date of filing of the initial request.
(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 conducted by an associate judge, the parties may waive the right of a de novo hearing before the referring court.  The waiver may be 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.
Transferred, redesignated and amended from Government Code, Subchapter G, Chapter 54 by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.217. Appellate Review

Sec. 54A.217.  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 the judge of a referring court signs an order or judgment 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 order described by Section 54A.209(a)(16) 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.
Transferred, redesignated and amended from Government Code, Subchapter G, Chapter 54 by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.218. Immunity

Sec. 54A.218.  IMMUNITY.  An associate judge appointed under this subchapter has the judicial immunity of a probate judge.  All existing immunity granted an associate judge by law, express or implied, continues in full force and effect.
Transferred, redesignated and amended from Government Code, Subchapter G, Chapter 54 by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.02, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter C. Statutory Probate Court Associate Judges › Section 54A.219. Visiting Associate Judges

Sec. 54A.219.  VISITING ASSOCIATE JUDGES.  (a)  This section does not limit the authority of the presiding judge of the statutory probate courts to assign a judge under Section 25.0022 to assist with processing cases in a reasonable time.
(b)  The local administrative probate judge or, for a county without a local administrative probate judge, a statutory probate court judge of the county in which an associate judge appointed under this subchapter serves may assign a visiting associate judge to perform the duties of an associate judge appointed under this subchapter only if:
(1)  the associate judge is temporarily unable to perform the associate judge's official duties because of absence resulting from:
(A)  illness;
(B)  injury;
(C)  disability;
(D)  personal emergency;
(E)  military service;
(F)  vacation; or
(G)  attendance at a continuing legal education program;
(2)  the associate judge requests assistance due to a heavy workload or a pandemic-related emergency; or
(3)  a vacancy occurs in the position of associate judge.
(c)  A visiting associate judge assigned under this section may be assigned to serve during the period an associate judge is unable to perform the associate judge's duties, during the period the associate judge needs assistance in managing the judge's workload, or until another associate judge is appointed to fill a vacancy in the position of associate judge.
(d)  A person is not eligible for assignment under this section unless the person has served as an associate judge under this subchapter for at least two years before the date of assignment.
(e)  A visiting associate judge assigned under this section is subject to each provision of this subchapter that applies to an associate judge appointed under this subchapter.  An assigned visiting associate judge is entitled to compensation equal to the salary of the associate judge, prorated for time served.  A visiting associate judge is not considered a county employee for any purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.006, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.301. Definitions

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.302. Applicability

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.303. Applicability of Other Law; Construction of Subchapter

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.304. Appointment

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.305. Qualifications

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.306. Term of Appointment; Termination

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.307. Compensation of Associate Judge

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 federal government;
(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).
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.308. Designation and Responsibilities of Host County

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.309. Methods of Referral

Sec. 54A.309.  METHODS OF REFERRAL.  (a)  Guardianship proceedings or protective services proceedings shall be referred to an associate judge appointed under this subchapter by a general order issued by the judge of each court the associate judge is appointed to serve.
(b)  A general order issued under this section may be amended or withdrawn at any time by the judge of the court issuing the order.
(c)  In lieu of a general order, the judge of a court the associate judge is appointed to serve by order may refer a specific guardianship proceeding or a specific protective services proceeding to the associate judge.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.310. General Powers of 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.311. Judicial Action on Associate Judge's Proposed Order or Judgment

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.312. Personnel

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 federal government;
(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).
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.313. Supervision, Training, and Evaluation of Associate Judges

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.314. Funding and Personnel

Sec. 54A.314.  FUNDING AND PERSONNEL.  (a)  The office of court administration may:
(1)  contract for available county 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)  The presiding judges of the administrative judicial regions 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 public or private grants.
(c)  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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.315. Assignment of Judges and Appointment of Visiting Associate Judges

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.316. Limitation on Law Practice

Sec. 54A.316.  LIMITATION ON LAW PRACTICE.  An associate judge appointed under this subchapter may not engage in the private practice of law.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter D. Associate Judge for Guardianship Proceedings and Protective Services Proceedings in Certain Courts › Section 54A.317. Immunity

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 627 (H.B. 79), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.001. Appointment

Sec. 54B.001.  APPOINTMENT.  The judge of the 229th District Court, with the approval of the Commissioners Court of Duval County, may appoint a full-time or a part-time associate judge to perform the duties authorized by this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.002. Qualifications

Sec. 54B.002.  QUALIFICATIONS.  To be eligible for appointment as an associate judge, a person must:
(1)  be a resident of this state and Duval County; and
(2)  meet the requirements and qualifications to serve as a judge of the court to which the person is appointed.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.003. Compensation

Sec. 54B.003.  COMPENSATION.  (a)  An associate judge is entitled to the compensation set by the Commissioners Court of Duval County.
(b)  The salary shall be paid from the county fund available for payments of officers' salaries.
(c)  This section does not apply to an associate judge appointed under Chapter 54A of this code or Section 201.001, Family Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.004. Private Practice

Sec. 54B.004.  PRIVATE PRACTICE.  A part-time associate judge may engage in the private practice of law, unless restricted on a finding that it is not in the public interest by the appointing judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.005. Termination of Services

Sec. 54B.005.  TERMINATION OF SERVICES.  (a)  An associate judge serves at the will of the judge of the 229th District Court.
(b)  This section does not apply to an associate judge appointed under Chapter 54A of this code or Section 201.001, Family Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.006. Referral of Case

Sec. 54B.006.  REFERRAL OF CASE.  (a)  The appointing judge may refer to an associate judge any aspect of a civil or criminal case involving a matter over which the referring court has jurisdiction in Duval County.
(b)  After notice to all parties of the time and place of hearing, an associate judge may preside over any hearing, including:
(1)  for a civil case, proceedings involving:
(A)  a temporary order in an action or suit for support by one spouse against another;
(B)  a motion or suit to modify a temporary or final order;
(C)  temporary orders in a suit affecting the parent-child relationship;
(D)  an application for a temporary injunction related to temporary possession or use of property;
(E)  habeas corpus, including any hearing authorized by the Family Code;
(F)  a motion to transfer;
(G)  a motion of contempt for failure or refusal to obey a temporary or final order;
(H)  an action brought under Chapter 159, Family Code;
(I)  an action for the protection of the family;
(J)  a matter on which the parties agree;
(K)  a matter in which a party is entitled to a default judgment;
(L)  a divorce action in which a waiver of citation is on file;
(M)  a friendly suit; and
(N)  any other matter in the jurisdiction of the court, including a pretrial motion, discovery, a summary judgment, and other matters governed by the Texas Rules of Civil Procedure; and
(2)  for a criminal case, proceedings involving:
(A)  a negotiated plea of guilty or nolo contendere;
(B)  a bond forfeiture;
(C)  a pretrial motion;
(D)  a postconviction writ of habeas corpus;
(E)  an examining trial; and
(F)  any other matter that the judge considers proper.
(c)  A judge may not refer to an associate judge any criminal case for trial on the merits in which a jury trial has been requested.
(d)  Unless a party files a written objection to the associate judge hearing the trial, the appointing judge may refer to an associate judge a trial on the merits.  If an objection is filed, the trial on the merits shall be heard by the referring court.
(e)  A trial on the merits is a final adjudication from which an appeal may be taken to a court of appeals.
(f)  An associate judge may not conduct a contested trial on the merits to terminate parental rights unless the affected parties give written consent to the contested trial by the associate judge.  Unless written consent is given by the affected parties to a contested trial on the merits, any order terminating parental rights issued pursuant to an associate judge's report resulting from the contested trial is void.
(g)  On appointment of an associate judge, any pending or future cases may be referred to the associate judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.007. Order of Referral

Sec. 54B.007.  ORDER OF REFERRAL.  (a)  To refer cases to an associate judge, the referring court must issue an order of referral.
(b)  The order of referral may limit the power or duties of an associate judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.008. Powers

Sec. 54B.008.  POWERS.  Except as limited by an order of referral, an associate judge may:
(1)  conduct a hearing;
(2)  hear evidence;
(3)  compel production of relevant evidence;
(4)  rule on admissibility of evidence;
(5)  issue summons for the appearance of witnesses;
(6)  examine witnesses;
(7)  swear witnesses for hearings;
(8)  make findings of fact on evidence;
(9)  formulate conclusions of law;
(10)  recommend the judgment to be made in a case;
(11)  regulate all proceedings in a hearing before the associate judge;
(12)  rule on all criminal pretrial motions; and
(13)  perform any act and take any measure necessary and proper for the efficient performance of the associate judge's duties.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.009. Attendance of Bailiff

Sec. 54B.009.  ATTENDANCE OF BAILIFF.  A bailiff shall attend a hearing held by an associate judge if directed by the referring court.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.010. Witness

Sec. 54B.010.  WITNESS.  (a)  A witness appearing before an associate judge is subject to the penalties for perjury provided by law.
(b)  A referring court may issue attachment against and may fine or imprison a witness whose failure to appear before an associate judge after being summoned or whose refusal to answer questions has been certified to the court.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.011. Report Transmitted to Court; Notice

Sec. 54B.011.  REPORT TRANSMITTED TO COURT; NOTICE.  (a)  At the conclusion of any hearing conducted by an associate judge and on the preparation of an associate judge's report, the associate judge shall transmit to the referring court:
(1)  all papers relating to the case; and
(2)  the associate judge's signed and dated report.
(b)  After the associate judge's report has been signed, the associate judge shall give notice of the substance of the report to the parties participating in the hearing.
(c)  The associate judge's report may contain the associate judge's findings, conclusions, or recommendations.  The associate judge's report must be in writing in a form as the referring court may direct.  The form may be a notation on the referring court's docket sheet.
(d)  The notice required under Subsection (b) may be given in open court or may be given by certified mail, return receipt requested.  If the notice is given by certified mail, the associate judge shall certify the date of mailing and the notice is considered to have been given on the third day after the date of mailing.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.012. Notice of Right to Appeal

Sec. 54B.012.  NOTICE OF RIGHT TO APPEAL.  An associate judge shall give all parties notice of the right of appeal to the judge of the referring court.  The notice may be given:
(1)  at the hearing;
(2)  by posting the notice inside or outside the courtroom of the referring court; or
(3)  as otherwise directed by the referring court.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.013. Effect of Associate Judge's Report Pending Appeal

Sec. 54B.013.  EFFECT OF ASSOCIATE JUDGE'S REPORT PENDING APPEAL.  Pending appeal of the associate judge's report to the referring court, the associate judge's findings, conclusions, and recommendations are in full force and effect and are enforceable as an order of the referring court, except for the orders providing for incarceration or for the appointment of a receiver.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.014. Judicial Action on Associate Judge's Report

Sec. 54B.014.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.  After the associate judge's report is filed, and unless the parties have filed a written notice of appeal to the referring court, the referring court may:
(1)  adopt, approve, or reject the associate judge's report;
(2)  hear further evidence; or
(3)  recommit the matter for further proceedings as the referring court considers proper and necessary in the particular circumstances of the case.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.015. Decree or Order of Court

Sec. 54B.015.  DECREE OR ORDER OF COURT.  If an appeal to the referring court is not filed or the right to an appeal to the referring court is waived, the associate judge's findings, conclusions, and recommendations become the decree or order of the referring court only on the referring court's signing a decree or order conforming to the associate judge's report.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54B - Associate Judges in Certain Counties › Subchapter A. Associate Judges in Duval County › Section 54B.016. Appeal to Referring Court

Sec. 54B.016.  APPEAL TO REFERRING COURT.  (a)  Any party is entitled to a hearing by the judge of the referring court if, not later than three days, computed in the manner provided by Rule 4, Texas Rules of Civil Procedure, after the date the associate judge gives the notice required by Section 54B.011, an appeal of the associate judge's report is filed with the referring court.
(b)  The first day of the appeal time to the referring courts begins on the day after the day on which the associate judge gives the notice required by Section 54B.011.
(c)  An appeal to the referring court shall be in writing and must specify the associate judge's findings, conclusions, and recommendations to which the party objects.  The appeal is limited to the findings, conclusions, and recommendations specified in the written appeal.
(d)  On appeal to the referring court, the parties may present witnesses as in a hearing de novo on the issues raised in the appeal.
(e)  Notice of any appeal to the referring court shall be given to opposing counsel in the manner provided by Rule 21a, Texas Rules of Civil Procedure.
(f)  If an appeal to the referring court is filed by a party, any other party may file an appeal to the referring court not later than the seventh day after the date the initial appeal was filed.
(g)  The referring court, after notice to the parties, shall hold a hearing on all appeals not later than the 30th day after the date on which the initial appeal was filed with the referring court.
(h)  Before a hearing before an associate judge, the parties may waive the right of appeal to the referring court.  The waiver may be in writing or on the record.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.007, eff. September 1, 2023.