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A BILL TO BE ENTITLED
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AN ACT
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relating to de novo hearings in child protection cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.2042, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (c) through (h) to |
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read as follows: |
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(b) The party requesting a de novo hearing before the |
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referring court shall file notice with the referring court, [and] |
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the clerk of the referring court, and the associate judge. |
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(c) A party may not request a de novo hearing on a default |
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judgment or an agreed order. |
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(d) A request for a de novo hearing under this section must |
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specify the issues to be presented to the referring court. If the |
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request for a de novo hearing fails to specify the issues, the |
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referring court shall deny the relief requested and refuse to |
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schedule a de novo hearing. |
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(e) Proceedings under this section shall be given |
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precedence over other pending matters to the extent necessary to |
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ensure the court reaches a decision promptly. |
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(f) After notice to the parties, the referring court shall |
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hold a de novo hearing on an associate judge's proposed order or |
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judgment following a trial on the merits and not later than the 45th |
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day after the date the initial request for a de novo hearing is |
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filed. Unless the referring court has rendered an order disposing |
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of the request for a de novo hearing within the period provided by |
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this subsection, the request for a de novo hearing is considered |
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denied by the referring court. |
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(g) If the referring court has not held a de novo hearing on |
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an associate judge's proposed order or judgment on or before the |
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30th day after the date the initial request for a de novo hearing is |
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filed, a party may file a petition for a writ of mandamus to compel |
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the referring court to hold the hearing required by Subsection (f). |
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(h) Except as provided by Section 201.016, the date the |
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request for a de novo hearing is considered denied under Subsection |
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(f) is the controlling date for the purpose of an appeal to, or a |
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request for other relief from, a court of appeals or the supreme |
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court. |
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SECTION 2. Sections 201.014(b) and 201.2041(b), Family |
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Code, are repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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a request for a de novo hearing that is filed on or after the |
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effective date of this Act. A request for a de novo hearing filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the request was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |