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AN ACT
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relating to certain powers of an associate judge under the Family |
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Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.007, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (e) to read |
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as follows: |
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(a) Except as limited by an order of referral, an associate |
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judge may: |
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(1) conduct a hearing; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
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(4) rule on the admissibility of evidence; |
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(5) issue a summons for: |
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(A) the appearance of witnesses; and |
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(B) the appearance of a parent who has failed to |
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appear before an agency authorized to conduct an investigation of |
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an allegation of abuse or neglect of a child after receiving proper |
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notice; |
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(6) examine a witness; |
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(7) swear a witness for a hearing; |
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(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
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(10) recommend an order to be rendered in a case; |
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(11) regulate all proceedings in a hearing before the |
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associate judge; |
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(12) order the attachment of a witness or party who |
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fails to obey a subpoena; |
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(13) order the detention of a witness or party found |
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guilty of contempt, pending approval by the referring court as |
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provided by Section 201.013; |
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(14) without prejudice to the right to a de novo |
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hearing before the referring court [of appeal] under Section |
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201.015 and subject to Subsection (c), render and sign: |
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(A) a final order agreed to in writing as to both |
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form and substance by all parties; |
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(B) a final default order; |
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(C) a temporary order; or |
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(D) a final order in a case in which a party files |
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an unrevoked waiver made in accordance with Rule 119, Texas Rules of |
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Civil Procedure, that waives notice to the party of the final |
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hearing or waives the party's appearance at the final hearing; |
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(15) take action as necessary and proper for the |
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efficient performance of the associate judge's duties; and |
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(16) render and sign a final order if the parties waive |
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[that includes a waiver of] the right to a de novo hearing before |
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the referring court under [of appeal pursuant to] Section 201.015 |
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in writing before the start of a hearing conducted by the associate |
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judge. |
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(c) A final order described by Subsection (a)(14) becomes |
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final after the expiration of the period described by Section |
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201.015(a) if a party does not request a de novo hearing in |
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accordance with that section. An order described by Subsection |
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(a)(14) or (16) that is rendered and signed by an associate judge |
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constitutes an order of the referring court. |
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(e) An order signed before May 1, 2017, by an associate |
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judge under Subsection (a)(16) is a final order rendered as of the |
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date the order was signed. |
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SECTION 2. Section 201.013(b), Family Code, is amended to |
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read as follows: |
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(b) Except as provided by Section 201.007(c), if a request |
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for a de novo hearing before the referring court is not timely filed |
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[or the right to a de novo hearing before the referring court is
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waived], the proposed order or judgment of the associate judge |
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becomes the order or judgment of the referring court only on the |
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referring court's signing the proposed order or judgment. |
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SECTION 3. Section 201.014(a), Family Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided in this subchapter, unless |
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[Unless] a party files a written request for a de novo hearing |
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before the referring court, the referring court may: |
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(1) adopt, modify, or reject the associate judge's |
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proposed order or judgment; |
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(2) hear further evidence; or |
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(3) recommit the matter to the associate judge for |
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further proceedings. |
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SECTION 4. Section 201.016(c), Family Code, is amended to |
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read as follows: |
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(c) The date an agreed order, [or] a default order, or a |
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final order described by Section 201.007(a)(16) is signed by an |
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associate judge is the controlling date for the purpose of an appeal |
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to, or a request for other relief relating to the order from, a |
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court of appeals or the supreme court. |
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SECTION 5. (a) The change in law made by this Act to Section |
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201.007(a), Family Code, applies only to a final order signed by an |
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associate judge on or after the effective date of this Act. |
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(b) Notwithstanding Subsection (a) of this section, Section |
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201.007(e), Family Code, as added by this Act, applies to an order |
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signed by an associate judge under Section 201.007(a)(16), Family |
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Code, before May 1, 2017. The legislature ratifies such an order. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2927 was passed by the House on May 4, |
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2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2927 was passed by the Senate on May |
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19, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |