Bill Text: TX HB3267 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the payment of certain costs associated with certain assignments of a statutory probate court judge.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-15 - Left pending in committee [HB3267 Detail]

Download: Texas-2019-HB3267-Introduced.html
  86R13783 KFF-D
 
  By: Murr H.B. No. 3267
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the payment of certain costs associated with certain
  assignments of a statutory probate court judge.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 352, Estates Code, is
  amended by adding Section 352.054 to read as follows:
         Sec. 352.054.  REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED
  JUDGE. If a party to a probate proceeding files a motion for the
  assignment of a statutory probate court judge to hear a contested
  matter in the proceeding under Section 32.003 and the motion is
  granted, the court may, on the court's own motion or on the motion
  of the party who filed the motion for the assignment, order that a
  county be reimbursed out of the estate for any amounts the county
  paid as compensation and expenses under Sections 25.0022(o) and
  (p), Government Code.
         SECTION 2.  Section 25.0022, Government Code, is amended by
  amending Subsections (m), (o), and (p) and adding Subsection (o-1)
  to read as follows:
         (m)  The presiding judge shall certify to the county judge in
  the county in which the assigned judge served:
               (1)  the expenses approved under Subsection (l); [and]
               (2)  a determination of the assigned judge's salary;
  and
               (3)  if applicable, a determination of the amounts to
  be apportioned to a party or between two or more parties to a
  probate proceeding as prescribed under Subsection (o-1), together
  with the contact information of the party or parties.
         (o)  The county in which the assigned judge served shall:
               (1)  pay out of the general fund of the county:
                     (A) [(1)]  expenses certified under Subsection
  (m) to the assigned judge; and
                     (B) [(2)]  the salary certified under Subsection
  (m) to the county in which the assigned judge serves, or, if the
  assigned judge is a former or retired judge, to the assigned judge;
  and
               (2)  if applicable, seek reimbursement from one or more
  parties to a probate proceeding of the amounts apportioned to a
  party or between the parties as prescribed under Subsection (o-1).
         (o-1)  If a party to a probate proceeding files a motion for
  the assignment of a statutory probate court judge to hear a
  contested matter in the proceeding under Section 32.003, Estates
  Code, and the motion is granted, the assigned statutory probate
  court judge may, in accordance with Section 352.054, Estates Code,
  order that the county be reimbursed as an expense from the estate
  for any amounts the county paid as compensation and expenses under
  Subsections (o) and (p).  If the statutory probate court judge does
  not order the reimbursement of the county from the estate under this
  subsection:
               (1)  subject to Subdivision (2), the party who
  requested the assignment shall reimburse the county for the amounts
  paid by the county as compensation and expenses under Subsections
  (o) and (p); and
               (2)  if more than one party to a proceeding filed the
  motion for the assignment of the statutory probate court judge, the
  statutory probate court judge shall:
                     (A)  prescribe the amounts or manner by which the
  judge's compensation and expenses are to be equitably apportioned
  between those parties for purposes of reimbursement under this
  section; and
                     (B)  provide the amounts or manner of
  apportionment to the presiding judge.
         (p)  In addition to all compensation and expenses authorized
  by this section and other law, a judge who is assigned to a court
  outside the county of the judge's residence is entitled to receive
  $25 for each day or fraction of a day served. Subject to Subsection
  (o-1), the [The] county in which the judge served shall pay the
  additional compensation from the county's general fund on
  certification by the presiding judge.
         SECTION 3.  Section 25.0022, Government Code, as amended by
  this Act, applies only to a motion for the assignment of a statutory
  probate court judge under Section 32.003, Estates Code, that is
  filed on or after the effective date of this Act. A motion filed
  before the effective date of this Act is governed by the law in
  effect on the date the motion was filed, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.
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