Bill

SB 536

86(R) - 2019
Senate State Affairs
House Judiciary & Civil Jurisprudence
Senate State Affairs
House Judiciary & Civil Jurisprudence
Courts
Judges
Probate

Contact the Author

Judith Zaffirini

Phone:

512-463-0121

Capitol Office:

1E.14

Email:

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Judith Zaffirini

Sponsor(s)

Andrew Murr

Bill Caption

Relating to associate judges for guardianship proceedings and protective services proceedings in certain courts.

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

SB 536 would establish a system of regional specialized guardianship courts for the purpose of assisting under-sourced counties in handling these cases. This bill would require the presiding judge of each administrative judicial region to consult with county courts and statutory courts with jurisdiction over guardianship proceedings or protective services proceedings to determine whether those courts require the appointment of an associate judge to assist the courts in conducting guardianship proceedings. This bill also describes the qualifications and terms of these associate judges.

During their term of employment the associate judge must live in the county or in an adjacent county. The bill would require the county to pay the associate judge 90% of the salary of a district judge. The salary will be from state and federal funds, as well as 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. 

Guardianship proceedings or protective services proceedings shall be referred to an associate judge by a general order issued by the judge of each court where the associate judge is appointed to serve; or by a general order issued by the presiding judge or judges of the administrative judicial region or regions who appointed the associate judge. On the motion of a party or the associate judge, an associate judge may refer a complex guardianship proceeding back to the referring court for final disposition after recommending temporary orders for the protection of a ward. An associate judge may: render and sign any pretrial order; and recommend to the referring court any order after a trial on the merits.

Vote Recommendation Notes

This is an issue of judicial administration that is within the proper role of the state to consider but which does not appear to affect our liberty principles. For these reasons we remain neutral on SB 536. 

Organizations Supporting

National Alliance on Mental Illness (NAMI) Texas

Contact the Author

Judith Zaffirini

Phone:

512-463-0121

Capitol Office:

1E.14

Email: