H.B. No. 231
AN ACT
relating to trial by special judge in civil and family law cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 151.001. REFERRAL BY AGREEMENT. On agreement of the
parties, in civil or family law matters pending in a district court,
statutory probate court, or statutory county court, the judge in
whose court the case is pending [filed] may order referral of the
case as provided by this chapter and shall stay proceedings in the
judge's [his] court pending the outcome of the trial. Any or all of
the issues in the cases, whether an issue of fact or law, may be
referred.
SECTION 2. Section 151.005, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 151.005. PROCEDURE. Rules and statutes relating to
procedure and evidence in the referring judge's [district] court
apply to a trial under this chapter.
SECTION 3. Section 151.006(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) While serving as a special judge, the special judge has
the powers of the referring [a district court] judge except that the
special judge [he] may not hold a person in contempt of court unless
the person is a witness before the special judge [him].
SECTION 4. Section 151.008, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 151.008. COURT REPORTER REQUIRED. To maintain a record
of the proceedings at the hearing, the special judge shall provide a
court reporter who meets the qualifications prescribed by law for
[district] court reporters in the referring judge's court.
SECTION 5. Section 151.011, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 151.011. SPECIAL JUDGE'S VERDICT. The special judge's
verdict must comply with the requirements for a verdict by the
court. The verdict stands as a verdict of the referring judge's
[district] court. Unless otherwise specified in an order of
referral, the special judge shall submit the verdict not later than
the 60th day after the day the trial adjourns.
SECTION 6. Section 151.013, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 151.013. RIGHT TO APPEAL. The right to appeal is
preserved. An appeal is from the order of the referring judge's
[district] court as provided by the Texas Rules of Civil Procedure
and the Texas Rules of Appellate Procedure.
SECTION 7. This Act applies only to a referral of a case to a
special judge under Chapter 151, Civil Practice and Remedies Code,
made on or after the effective date of this Act. A referral made
before the effective date of this Act is governed by the law in
effect at the time the referral was made, and that law is continued
in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 231 was passed by the House on March
3, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 231 was passed by the Senate on May 5,
2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor