HBA-SEB S.B. 1735 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1735
By: Zaffirini
Juvenile Justice and Family Issues
5/6/1999
Engrossed


BACKGROUND AND PURPOSE 

In 1995, the United States Congress set aside $35 million in entitlement
grants to state courts over a four-year period.  The Court Improvement
Project (CIP) required each state court system to conduct a detailed
assessment of judicial proceedings in foster care and adoption cases, and
to develop a plan to improve the administration of justice in these cases.
Reform in this area of litigation was needed because of the increasing
pressures and requirements upon the nation's juvenile courts, including
rapidly escalating judicial caseloads and the growing complexity of the
litigation.  CIP funding has been extended three more years.  Texas' total
allocation over the sevenyear grant period is more than $3.5 million.  The
Texas Supreme Court Task Force on Foster Care was appointed in 1995 to
oversee the project, which is administered by the Texas Department of
Protective and Regulatory Services (DPRS).  In its initial assessment of
the foster care system, the Task Force found that children adopted out of
the foster care system spent an average of 40.8 months in care before their
adoption was finalized.  Less fortunate children spent their lives in
foster care waiting to be adopted. 

S.B. 1735 provides for the appointment of associate judges to assist in
reducing the caseload in those areas which are especially in need of
assistance in order to reduce the amount of time these children are in
foster care. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 201.001(e), Family Code, to provide that this
section (Appointment) does not apply to an associate judge appointed under
Subchapter C. 

SECTION 2.  Amends Section 201.003(d), Family Code, to provide that this
section (Compensation) does not apply to an associate judge appointed under
Subchapter C. 

SECTION 3.  Amends Section 201.004(d), Family Code, to provide that this
section (Termination of Associate Judge) does not apply to an associate
judge appointed under Subchapter C. 

SECTION 4.  Amends Sections 201.005(c), (d), and (e), Family Code, to
provide that a party must file an objection to an associate judge presiding
at a jury trial within 10 days of receiving notice that the judge will hear
the trial.  Requires the referring court to preside at the jury trial if an
objection is filed.  Deletes existing text to make a conforming change. 

SECTION 5.  Amends Section 201.007, Family Code, to authorize an associate
judge to order the attachment of a witness or party who fails to obey a
subpoena and to order the detention of a witness or party found guilty of
contempt, pending approval by the referring court.  Authorizes an associate
judge to refer a case back to the referring court regardless of whether a
timely objection to the associate judge hearing the trial on the merits or
presiding at a jury trial has been made by any party. 

SECTION 6.  Amends Section 201.009, Family Code, to authorize a court
reporter to be provided during a hearing held by an associate judge.
Requires a court reporter to be provided when the associate judge presides
over a jury trial or a final termination hearing.  Authorizes the referring
court during appeal to consider testimony or other evidence in the record,
if the record is taken by a court reporter, in addition to witnesses or
other matters.  Makes conforming and nonsubstantive changes. 

SECTION 7.  Amends Sections 201.011(a)-(c) and (e), Family Code, to include
a proposed order among the list of items that an associate judge's report
is authorized to contain.  Makes conforming changes. 

SECTION 8.  Amends Section 201.013, Family Code, by amending Subsection
(a), and adding Subsection (c), as follows: 

(a)  Makes conforming changes.

(c)  Requires an order by an associate judge for the temporary detention or
incarceration of a witness or party to be presented to the referring court
on the day the witness or party is detained or incarcerated.  Authorizes
the referring court to approve the temporary detention or incarceration or
to order the release of the party or witness, with or without bond, pending
appeal.  Authorizes the associate judge, if the referring court is not
immediately available, to order the release of the party or witness, with
or without bond, pending appeal, or to continue the person's detention or
incarceration for not more than 72 hours.   

SECTION 9.  Amends Section 201.014, Family Code, to make a conforming
change. 

SECTION 10.  Amends Section 201.015, Family Code, by amending Subsection
(c) and adding Subsections (h) and (i), as follows: 

(c)  Authorizes a referring court, on appeal, to consider the record from
the hearing before the associate judge, including the charge to and verdict
returned by a jury, if the record was heard by a court reporter.   

(h)  Provides that denial of an appeal or waiver of the right to appeal to
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)  Prohibits a party from demanding a second jury on appeal of an
associate judge's report, including any proposed order, resulting from a
jury trial. 

SECTION 11.  Amends 201.102(b), Family Code, to delete existing text that
confers the powers of an associate judge upon a master. 

SECTION 12.  Amends Chapter 201, Family Code, by adding Subchapter C, as
follows: 

SUBCHAPTER C.  ASSOCIATE JUDGE FOR SUBSTITUTE CARE AND CHILD 
PROTECTIVE SERVICES CASES

Sec.  201.201.  AUTHORITY OF PRESIDING JUDGE.  Requires the presiding judge
of each administrative judicial region, after conferring with the judges of
courts in the region having family law jurisdiction and a substitute care
caseload, to determine which courts require the appointment of a full-time
or part-time associate judge to complete each case within the time limits
specified in Chapters 262 (Emergency Procedures in Suit by Governmental
Entity) and 263 (Review of Placement of Children Under Care of Department
of Protective and Regulatory Services), Family Code.  Authorizes the
presiding judge to limit the appointment to a specified period and to
terminate an appointment at any time. Authorizes an associate judge to be
appointed to serve more than one court.  Authorizes two or more judges of
administrative judicial regions to jointly appoint one or more associate
judges to serve the regions.  Requires the presiding judge to appoint an
associate judge if the presiding judge determines that an associate judge
is required.  Requires all substitute care cases to be referred to the
associate judge by a general order if the associate judge is appointed.
Provides that this section does not limit the jurisdiction of a court to
issue orders under Chapter 262 or 263. 
 
Sec.  201.202.  APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.  Provides
that Subchapter A applies to an associate judge appointed under this
subchapter, except as provided by this subchapter.  Authorizes an associate
judge to reside anywhere in the administrative judicial region or regions
in which the court to which the associate judge is appointed is located.  

Sec.  201.203.  DESIGNATION OF HOST COUNTY.  Requires the presiding judges
of the administrative judicial regions to determine the host county of an
associate judge by majority vote.  Requires the host county to 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.  Provides that the associate judge
is not required to reside in the host county. 

Sec.  201.204.  GENERAL POWERS AN D DUTIES OF ASSOCIATE JUDGE.  Authorizes
an associate judge to refer a complex case back to the referring court for
final disposition after recommending temporary orders for the protection of
a child.  Requires an associate judge to take testimony and make a record
in a case. 

Sec.  201.205.  COMPENSATION OF ASSOCIATE JUDGE.  Entitles an associate
judge appointed under this subchapter to a salary as determined by a
majority vote of the presiding judges of the administrative judicial
regions.  Prohibits the salary from exceeding 90 percent of the salary paid
to a district judge.  Requires the associate judge's salary to be paid from
county funds available for payment of officers' salaries or from funds
available from the state and federal governments as provided in Section
201.207. 

Sec. 201.206.  PERSONNEL.  Authorizes the presiding judge of an
administrative judicial region or the presiding judges of the
administrative judicial regions, by majority vote, to appoint personnel as
needed to implement and administer the provision of this subchapter.
Requires the salary of the personnel to be paid from county funds available
for payment of officers' salaries subject to the approval of the
commissioners court or from funds available from the state and federal
governments.   

Sec.  201.207.  STATE AND FEDERAL FUNDS; PERSONNEL.  Authorizes the office
of court administration to contract for available state and federal funds
from any source and  to employ personnel needed to implement and administer
this subchapter.  Provides that an associate judge and other personnel
appointed under this subsection are state employees. Authorizes the
presiding judges of the administrative judicial regions, state agencies,
and counties to contract for available federal funds from any source to
reimburse costs and salaries associated with associate judges and personnel
appointed under this section and to use available state funds and public or
private grants.  Requires the presiding judges and the office of court
administration in cooperation with other agencies to take action necessary
to maximize the amount of federal money available to fund the use of
associate judges under this subchapter. 

Sec.  201.208.  APPOINTMENT OF ASSOCIATE JUDGE FOR CHILD PROTECTION CASES.
Authorizes the presiding judge of an administrative judicial region to
appoint an associate judge for a court handling child protection cases.
Provides that this chapter does not limit the authority of a presiding
judge to appoint visiting or retired judges to assist in processing cases
in a reasonable time. 

SECTION 13.  Repealers: Section 201.1085 (Discretionary Appointment of
Master for Child Protection Cases), as added by Chapter 600 and Chapter
1022, Acts of the 75th Legislature, Regular Session, 1997, and Section
201.111 (Time to Act on Master's Report), Family Code. 

SECTION 14.  Effective date: September 1, 1999.

SECTION 15.  Emergency clause.