1 | 1 | | S.B. No. 683 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the employment, powers, and duties of and procedures |
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6 | 6 | | for matters referred to a statutory probate court judge or |
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7 | 7 | | associate judge. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subsections (d) and (h), Section 25.0022, |
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10 | 10 | | Government Code, are amended to read as follows: |
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11 | 11 | | (d) The presiding judge shall: |
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12 | 12 | | (1) ensure the promulgation of local rules of |
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13 | 13 | | administration in accordance with policies and guidelines set by |
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14 | 14 | | the supreme court; |
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15 | 15 | | (2) advise local statutory probate court judges on |
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16 | 16 | | case flow management practices and auxiliary court services; |
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17 | 17 | | (3) perform a duty of a local administrative statutory |
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18 | 18 | | probate court judge if the local administrative judge does not |
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19 | 19 | | perform that duty; |
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20 | 20 | | (4) appoint an assistant presiding judge of the |
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21 | 21 | | statutory probate courts; |
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22 | 22 | | (5) call and preside over annual meetings of the |
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23 | 23 | | judges of the statutory probate courts at a time and place in the |
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24 | 24 | | state as designated by the presiding judge; |
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25 | 25 | | (6) call and convene other meetings of the judges of |
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26 | 26 | | the statutory probate courts as considered necessary by the |
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27 | 27 | | presiding judge to promote the orderly and efficient administration |
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28 | 28 | | of justice in the statutory probate courts; |
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29 | 29 | | (7) study available statistics reflecting the |
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30 | 30 | | condition of the dockets of the probate courts in the state to |
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31 | 31 | | determine the need for the assignment of judges under this section; |
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32 | 32 | | [and] |
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33 | 33 | | (8) compare local rules of court to achieve uniformity |
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34 | 34 | | of rules to the extent practical and consistent with local |
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35 | 35 | | conditions; and |
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36 | 36 | | (9) assign a judge or former or retired judge of a |
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37 | 37 | | statutory probate court to hear a case under the circumstances |
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38 | 38 | | described by Section 25.002201(b). |
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39 | 39 | | (h) Subject to Section 25.002201, a [A] judge or a former or |
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40 | 40 | | retired judge of a statutory probate court may be assigned by the |
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41 | 41 | | presiding judge of the statutory probate courts to hold court in a |
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42 | 42 | | statutory probate court, a county court, or any statutory court |
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43 | 43 | | exercising probate jurisdiction when: |
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44 | 44 | | (1) a statutory probate judge requests assignment of |
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45 | 45 | | another judge to the judge's court; |
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46 | 46 | | (2) a statutory probate judge is absent, disabled, or |
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47 | 47 | | disqualified for any reason; |
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48 | 48 | | (3) a statutory probate judge is present or is trying |
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49 | 49 | | cases as authorized by the constitution and laws of this state and |
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50 | 50 | | the condition of the court's docket makes it necessary to appoint an |
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51 | 51 | | additional judge; |
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52 | 52 | | (4) the office of a statutory probate judge is vacant; |
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53 | 53 | | (5) the presiding judge of an administrative judicial |
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54 | 54 | | district requests the assignment of a statutory probate judge to |
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55 | 55 | | hear a probate matter in a county court or statutory county court; |
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56 | 56 | | (6) the presiding judge of the administrative judicial |
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57 | 57 | | district fails to timely assign a judge to replace a recused or |
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58 | 58 | | disqualified statutory probate court judge as described by Section |
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59 | 59 | | 25.002201(b) [a motion to recuse the judge of a statutory probate |
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60 | 60 | | court has been filed]; |
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61 | 61 | | (7) a county court judge requests the assignment of a |
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62 | 62 | | statutory probate judge to hear a probate matter in the county |
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63 | 63 | | court; or |
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64 | 64 | | (8) a local administrative statutory probate court |
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65 | 65 | | judge requests the assignment of a statutory probate judge to hear a |
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66 | 66 | | matter in a statutory probate court. |
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67 | 67 | | SECTION 2. Subchapter B, Chapter 25, Government Code, is |
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68 | 68 | | amended by adding Section 25.002201 to read as follows: |
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69 | 69 | | Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR |
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70 | 70 | | DISQUALIFICATION. (a) Not later than the 15th day after the date |
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71 | 71 | | an order of recusal or disqualification of a statutory probate |
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72 | 72 | | court judge is issued in a case, the presiding judge of the |
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73 | 73 | | administrative judicial district shall assign a statutory probate |
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74 | 74 | | court judge or a former or retired judge of a statutory probate |
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75 | 75 | | court to hear the case if: |
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76 | 76 | | (1) the judge of the statutory probate court recused |
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77 | 77 | | himself or herself under Section 25.00255(g)(1)(A); |
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78 | 78 | | (2) the judge of the statutory probate court |
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79 | 79 | | disqualified himself or herself under Section 25.00255(g-1); |
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80 | 80 | | (3) the order was issued under Section |
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81 | 81 | | 25.00255(i-3)(1); or |
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82 | 82 | | (4) the presiding judge of the administrative judicial |
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83 | 83 | | district receives notice and a request for assignment from the |
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84 | 84 | | clerk of the statutory probate court under Section 25.00255(l). |
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85 | 85 | | (b) If the presiding judge of an administrative judicial |
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86 | 86 | | district does not assign a judge under Subsection (a) within the |
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87 | 87 | | time prescribed by that subsection, the presiding judge of the |
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88 | 88 | | statutory probate courts may assign a judge to hear the case instead |
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89 | 89 | | of the presiding judge of the administrative judicial district |
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90 | 90 | | making the assignment under that subsection. |
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91 | 91 | | (c) The provisions of Section 25.0022 applicable to a judge |
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92 | 92 | | assigned under that section apply to the same extent to a judge |
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93 | 93 | | assigned under the authority of this section. |
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94 | 94 | | SECTION 3. Section 25.00255, Government Code, is amended by |
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95 | 95 | | amending Subsections (f), (g), (h), and (i) and adding Subsections |
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96 | 96 | | (g-1), (i-1), (i-2), (i-3), (i-4), (i-5), (l), and (m) to read as |
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97 | 97 | | follows: |
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98 | 98 | | (f) Before further proceedings in a case in which a motion |
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99 | 99 | | for the recusal or disqualification of a judge has been filed, the |
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100 | 100 | | judge shall: |
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101 | 101 | | (1) recuse or disqualify himself or herself; or |
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102 | 102 | | (2) request the assignment of a judge to hear the |
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103 | 103 | | motion by forwarding the motion and opposing and concurring |
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104 | 104 | | statements to the presiding judge of the statutory probate courts |
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105 | 105 | | as provided by Subsection (h). |
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106 | 106 | | (g) A judge who recuses himself or herself: |
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107 | 107 | | (1) shall enter an order of recusal and: |
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108 | 108 | | (A) if the judge serves a statutory probate court |
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109 | 109 | | located in a county with only one statutory probate court, request |
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110 | 110 | | that the presiding judge of the administrative judicial district |
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111 | 111 | | assign [statutory probate courts request the assignment of] a judge |
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112 | 112 | | under Section 25.002201 to hear the case; or |
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113 | 113 | | (B) subject to Subsection (l), if the judge |
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114 | 114 | | serves a statutory probate court located in a county with more than |
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115 | 115 | | one statutory probate court, request that the clerk who serves the |
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116 | 116 | | statutory probate courts in that county randomly reassign the case |
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117 | 117 | | to a judge of one of the other statutory probate courts located in |
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118 | 118 | | the county [motion for recusal or disqualification as provided by |
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119 | 119 | | Subsection (i)]; and |
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120 | 120 | | (2) may not take other action in the case except for |
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121 | 121 | | good cause stated in the order in which the action is taken. |
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122 | 122 | | (g-1) A judge who disqualifies himself or herself: |
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123 | 123 | | (1) shall enter an order of disqualification and |
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124 | 124 | | request that the presiding judge of the administrative judicial |
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125 | 125 | | district assign a judge under Section 25.002201 to hear the case; |
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126 | 126 | | and |
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127 | 127 | | (2) may not take other action in the case. |
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128 | 128 | | (h) A judge who does not recuse or disqualify himself or |
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129 | 129 | | herself: |
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130 | 130 | | (1) shall forward to the presiding judge of the |
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131 | 131 | | statutory probate courts, in either original form or certified |
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132 | 132 | | copy, an order of referral, the motion for recusal or |
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133 | 133 | | disqualification, and all opposing and concurring statements; and |
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134 | 134 | | (2) may not take other action in the case during the |
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135 | 135 | | time after the filing of the motion for recusal or disqualification |
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136 | 136 | | and before a hearing on the motion, except for good cause stated in |
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137 | 137 | | the order in which the action is taken. |
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138 | 138 | | (i) After receiving a request under Subsection [(g) or] (h), |
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139 | 139 | | the presiding judge of the statutory probate courts shall |
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140 | 140 | | immediately forward the request to the presiding judge of the |
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141 | 141 | | administrative judicial district and request that the presiding |
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142 | 142 | | judge of the administrative judicial district assign a judge to |
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143 | 143 | | hear the motion for recusal or disqualification. Not later than the |
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144 | 144 | | 15th day after the date [On receipt of the request,] the presiding |
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145 | 145 | | judge of the administrative judicial district receives the request, |
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146 | 146 | | the presiding judge shall: |
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147 | 147 | | (1) [immediately] set a hearing before himself or |
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148 | 148 | | herself or a judge designated by the presiding judge, except that |
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149 | 149 | | the presiding judge may not designate a judge of a statutory probate |
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150 | 150 | | court in the same county as the statutory probate court served by |
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151 | 151 | | the judge who is the subject of the motion; |
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152 | 152 | | (2) cause notice of the hearing to be given to all |
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153 | 153 | | parties or their counsel to the case; and |
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154 | 154 | | (3) make other orders, including orders for interim or |
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155 | 155 | | ancillary relief, in the pending case. |
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156 | 156 | | (i-1) If the presiding judge of the administrative judicial |
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157 | 157 | | district does not assign a judge to hear a motion for recusal or |
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158 | 158 | | disqualification within the time prescribed by Subsection (i), the |
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159 | 159 | | presiding judge of the statutory probate courts may assign a judge |
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160 | 160 | | to hear the motion and take other action under that subsection. |
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161 | 161 | | (i-2) A judge who hears a motion for recusal or |
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162 | 162 | | disqualification under Subsection (i) or (i-1) may also hear any |
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163 | 163 | | amended or supplemented motion for recusal or disqualification |
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164 | 164 | | filed in the case. |
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165 | 165 | | (i-3) If a motion for recusal or disqualification is granted |
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166 | 166 | | after a hearing conducted as provided by Subsection (i) or (i-1), |
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167 | 167 | | the judge who heard the motion shall: |
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168 | 168 | | (1) if the judge subject to recusal or |
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169 | 169 | | disqualification serves a statutory probate court located in a |
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170 | 170 | | county with only one statutory probate court, enter an order of |
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171 | 171 | | recusal or disqualification, as appropriate, and request that the |
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172 | 172 | | presiding judge of the administrative judicial district assign a |
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173 | 173 | | judge under Section 25.002201 to hear the case; or |
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174 | 174 | | (2) subject to Subsection (l), if the judge subject to |
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175 | 175 | | recusal or disqualification serves a statutory probate court |
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176 | 176 | | located in a county with more than one statutory probate court, |
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177 | 177 | | enter an order of recusal or disqualification, as appropriate, and |
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178 | 178 | | request that the clerk who serves the statutory probate courts in |
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179 | 179 | | that county randomly reassign the case to a judge of one of the |
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180 | 180 | | other statutory probate courts located in the county. |
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181 | 181 | | (i-4) The presiding judge of an administrative judicial |
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182 | 182 | | district may delegate the judge's authority to make orders of |
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183 | 183 | | interim or ancillary relief under Subsection (i)(3) to the |
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184 | 184 | | presiding judge of the statutory probate courts. |
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185 | 185 | | (i-5) A judge assigned to hear a motion for recusal or |
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186 | 186 | | disqualification under Subsection (i) is entitled to receive the |
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187 | 187 | | same salary, compensation, and expenses, and to be paid in the same |
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188 | 188 | | manner and from the same fund, as a judge otherwise assigned under |
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189 | 189 | | Section 25.0022, except that a judge assigned under Subsection (i) |
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190 | 190 | | shall provide the information required by Section 25.0022(l) to the |
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191 | 191 | | presiding judge of the administrative judicial district, who shall |
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192 | 192 | | immediately forward the information to the presiding judge of the |
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193 | 193 | | statutory probate courts. |
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194 | 194 | | (l) If a clerk of a statutory probate court is unable to |
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195 | 195 | | reassign a case as requested under Subsection (g)(1)(B) or (i-3)(2) |
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196 | 196 | | because the other statutory probate court judges in the county have |
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197 | 197 | | been recused or disqualified or are otherwise unavailable to hear |
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198 | 198 | | the case, the clerk shall immediately notify the presiding judge of |
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199 | 199 | | the administrative judicial district and request that the presiding |
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200 | 200 | | judge of the administrative judicial district assign a judge under |
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201 | 201 | | Section 25.002201 to hear the case. |
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202 | 202 | | (m) The clerk of a statutory probate court shall immediately |
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203 | 203 | | notify and provide to the presiding judge of the statutory probate |
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204 | 204 | | courts a copy of an order of recusal or disqualification issued with |
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205 | 205 | | respect to the judge of the statutory probate court. |
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206 | 206 | | SECTION 4. Section 54.604, Government Code, is amended by |
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207 | 207 | | amending Subsection (d) and adding Subsections (e), (f), (g), and |
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208 | 208 | | (h) to read as follows: |
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209 | 209 | | (d) The appointment of the associate judge terminates if: |
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210 | 210 | | (1) [the appointing judge vacates the judge's office; |
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211 | 211 | | [(2)] the associate judge becomes a candidate for |
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212 | 212 | | election to public office; or |
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213 | 213 | | (2) [(3)] the commissioners court does not |
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214 | 214 | | appropriate funds in the county's budget to pay the salary of the |
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215 | 215 | | associate judge. |
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216 | 216 | | (e) If an associate judge serves a single court and the |
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217 | 217 | | appointing judge vacates the judge's office, the associate judge's |
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218 | 218 | | employment continues, subject to Subsections (d) and (h), unless |
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219 | 219 | | the successor appointed or elected judge terminates that |
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220 | 220 | | employment. |
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221 | 221 | | (f) If an associate judge serves two courts and one of the |
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222 | 222 | | appointing judges vacates the judge's office, the associate judge's |
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223 | 223 | | employment continues, subject to Subsections (d) and (h), unless |
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224 | 224 | | the successor appointed or elected judge terminates that employment |
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225 | 225 | | or the judge of the other court served by the associate judge |
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226 | 226 | | terminates that employment as provided by Subsection (c). |
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227 | 227 | | (g) If an associate judge serves more than two courts and an |
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228 | 228 | | appointing judge vacates the judge's office, the associate judge's |
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229 | 229 | | employment continues, subject to Subsections (d) and (h), unless: |
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230 | 230 | | (1) if no successor judge has been elected or |
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231 | 231 | | appointed, the majority of the judges of the other courts the |
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232 | 232 | | associate judge serves vote to terminate that employment; or |
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233 | 233 | | (2) if a successor judge has been elected or |
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234 | 234 | | appointed, the majority of the judges of the courts the associate |
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235 | 235 | | judge serves, including the successor judge, vote to terminate that |
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236 | 236 | | employment as provided by Subsection (b). |
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237 | 237 | | (h) Notwithstanding the powers of an associate judge |
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238 | 238 | | provided by Section 54.610, an associate judge whose employment |
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239 | 239 | | continues as provided by Subsection (e), (f), or (g) after the judge |
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240 | 240 | | of a court served by the associate judge vacates the judge's office |
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241 | 241 | | may perform administrative functions with respect to that court, |
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242 | 242 | | but may not perform any judicial function, including any power |
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243 | 243 | | prescribed by Section 54.610, with respect to that court until a |
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244 | 244 | | successor judge is appointed or elected. |
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245 | 245 | | SECTION 5. Section 54.610, Government Code, is amended to |
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246 | 246 | | read as follows: |
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247 | 247 | | Sec. 54.610. POWERS OF ASSOCIATE JUDGE. (a) Except as |
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248 | 248 | | limited by an order of referral, an associate judge may: |
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249 | 249 | | (1) conduct a hearing; |
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250 | 250 | | (2) hear evidence; |
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251 | 251 | | (3) compel production of relevant evidence; |
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252 | 252 | | (4) rule on the admissibility of evidence; |
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253 | 253 | | (5) issue a summons for the appearance of witnesses; |
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254 | 254 | | (6) examine a witness; |
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255 | 255 | | (7) swear a witness for a hearing; |
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256 | 256 | | (8) make findings of fact on evidence; |
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257 | 257 | | (9) formulate conclusions of law; |
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258 | 258 | | (10) recommend an order to be rendered in a case; |
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259 | 259 | | (11) regulate all proceedings in a hearing before the |
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260 | 260 | | associate judge; [and] |
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261 | 261 | | (12) take action as necessary and proper for the |
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262 | 262 | | efficient performance of the associate judge's duties; |
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263 | 263 | | (13) order the attachment of a witness or party who |
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264 | 264 | | fails to obey a subpoena; |
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265 | 265 | | (14) order the detention of a witness or party found |
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266 | 266 | | guilty of contempt, pending approval by the referring court as |
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267 | 267 | | provided by Section 54.616; |
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268 | 268 | | (15) without prejudice to the right to a de novo |
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269 | 269 | | hearing under Section 54.618, render and sign: |
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270 | 270 | | (A) a final order agreed to in writing as to both |
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271 | 271 | | form and substance by all parties; |
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272 | 272 | | (B) a final default order; |
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273 | 273 | | (C) a temporary order; |
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274 | 274 | | (D) a final order in a case in which a party files |
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275 | 275 | | an unrevoked waiver made in accordance with Rule 119, Texas Rules of |
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276 | 276 | | Civil Procedure, that waives notice to the party of the final |
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277 | 277 | | hearing or waives the party's appearance at the final hearing; |
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278 | 278 | | (E) an order specifying that the court clerk |
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279 | 279 | | shall issue: |
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280 | 280 | | (i) letters testamentary or of |
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281 | 281 | | administration; or |
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282 | 282 | | (ii) letters of guardianship; or |
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283 | 283 | | (F) an order for inpatient or outpatient mental |
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284 | 284 | | health, mental retardation, or chemical dependency services; and |
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285 | 285 | | (16) sign a final order that includes a waiver of the |
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286 | 286 | | right to a de novo hearing in accordance with Section 54.618. |
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287 | 287 | | (b) An associate judge may, in the interest of justice, |
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288 | 288 | | refer a case back to the referring court regardless of whether a |
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289 | 289 | | timely objection to the associate judge hearing the trial on the |
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290 | 290 | | merits or presiding at a jury trial has been made by any party. |
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291 | 291 | | (c) An order described by Subsection (a)(15) that is |
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292 | 292 | | rendered and signed by an associate judge constitutes an order of |
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293 | 293 | | the referring court. The judge of the referring court shall sign |
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294 | 294 | | the order not later than the 30th day after the date the associate |
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295 | 295 | | judge signs the order. |
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296 | 296 | | (d) An answer filed by or on behalf of a party who previously |
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297 | 297 | | filed a waiver described in Subsection (a)(15)(D) revokes that |
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298 | 298 | | waiver. |
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299 | 299 | | SECTION 6. Section 54.612, Government Code, is amended by |
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300 | 300 | | amending Subsections (a), (b), and (c) and adding Subsection (e) to |
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301 | 301 | | read as follows: |
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302 | 302 | | (a) A court reporter may be provided [is not required] |
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303 | 303 | | during a hearing held by an associate judge appointed under this |
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304 | 304 | | subchapter unless required by other law. A court reporter is |
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305 | 305 | | required to be provided when the associate judge presides over a |
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306 | 306 | | jury trial. |
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307 | 307 | | (b) A party, the associate judge, or the referring court may |
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308 | 308 | | provide for a reporter during the hearing, if one is not otherwise |
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309 | 309 | | provided. |
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310 | 310 | | (c) Except as provided by Subsection (a), in the absence of |
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311 | 311 | | a court reporter or on agreement of the parties, the [The] record |
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312 | 312 | | [of a hearing before an associate judge] may be preserved by any |
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313 | 313 | | means approved by the referring court. |
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314 | 314 | | (e) On a request for a de novo hearing, the referring court |
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315 | 315 | | may consider testimony or other evidence in the record, if the |
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316 | 316 | | record is taken by a court reporter, in addition to witnesses or |
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317 | 317 | | other matters presented under Section 54.618. |
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318 | 318 | | SECTION 7. Section 54.614, Government Code, is amended to |
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319 | 319 | | read as follows: |
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320 | 320 | | Sec. 54.614. REPORT. (a) The associate judge's report may |
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321 | 321 | | contain the associate judge's findings, conclusions, or |
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322 | 322 | | recommendations. The associate judge shall prepare a written |
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323 | 323 | | report in the form directed by the referring court, including in the |
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324 | 324 | | form of: |
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325 | 325 | | (1) [. The form may be] a notation on the referring |
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326 | 326 | | court's docket sheet; or |
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327 | 327 | | (2) a proposed order. |
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328 | 328 | | (b) After a hearing, the associate judge shall provide the |
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329 | 329 | | parties participating in the hearing notice of the substance of the |
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330 | 330 | | associate judge's report, including any proposed order. |
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331 | 331 | | (c) Notice may be given to the parties: |
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332 | 332 | | (1) in open court, by an oral statement or a copy of |
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333 | 333 | | the associate judge's written report; [or] |
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334 | 334 | | (2) by certified mail, return receipt requested; or |
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335 | 335 | | (3) by facsimile transmission. |
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336 | 336 | | (d) There is a rebuttable presumption that notice is |
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337 | 337 | | received [The associate judge shall certify the date of mailing of |
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338 | 338 | | notice by certified mail. Notice is considered given] on the [third |
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339 | 339 | | day after the] date stated on: |
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340 | 340 | | (1) the signed return receipt, if notice was provided |
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341 | 341 | | by certified mail; or |
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342 | 342 | | (2) the confirmation page produced by the facsimile |
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343 | 343 | | machine, if notice was provided by facsimile transmission [of |
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344 | 344 | | mailing]. |
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345 | 345 | | (e) After a hearing conducted by an associate judge, the |
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346 | 346 | | associate judge shall send the associate judge's signed and dated |
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347 | 347 | | report, including any proposed order, and all other papers relating |
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348 | 348 | | to the case to the referring court. |
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349 | 349 | | SECTION 8. The heading to Section 54.615, Government Code, |
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350 | 350 | | is amended to read as follows: |
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351 | 351 | | Sec. 54.615. NOTICE OF RIGHT TO DE NOVO HEARING BEFORE |
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352 | 352 | | REFERRING COURT [APPEAL]. |
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353 | 353 | | SECTION 9. Subsection (a), Section 54.615, Government Code, |
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354 | 354 | | is amended to read as follows: |
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355 | 355 | | (a) An associate judge shall give all parties notice of the |
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356 | 356 | | right to a de novo hearing before [of appeal to the judge of] the |
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357 | 357 | | referring court. |
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358 | 358 | | SECTION 10. Section 54.616, Government Code, is amended to |
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359 | 359 | | read as follows: |
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360 | 360 | | Sec. 54.616. ORDER OF COURT. (a) Pending a de novo hearing |
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361 | 361 | | before [appeal of the associate judge's report to] the referring |
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362 | 362 | | court, a proposed order or judgment [the decisions and |
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363 | 363 | | recommendations] of the associate judge has [judge's report have] |
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364 | 364 | | the force and effect, and is [are] enforceable as, an order or |
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365 | 365 | | judgment of the referring court, except for an order [orders] |
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366 | 366 | | providing for [incarceration or for] the appointment of a receiver. |
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367 | 367 | | (b) Except as provided by Section 54.610(c), if a request |
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368 | 368 | | for a de novo hearing before [If an appeal to] the referring court |
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369 | 369 | | is not timely filed or the right to a de novo hearing before [an |
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370 | 370 | | appeal to] the referring court is waived, the proposed order or |
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371 | 371 | | judgment [findings and recommendations] of the associate judge |
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372 | 372 | | becomes [become] the order or judgment of the referring court at the |
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373 | 373 | | time the judge of the referring court signs the proposed [an] order |
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374 | 374 | | or judgment [conforming to the associate judge's report]. |
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375 | 375 | | SECTION 11. Section 54.617, Government Code, is amended to |
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376 | 376 | | read as follows: |
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377 | 377 | | Sec. 54.617. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED |
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378 | 378 | | ORDER OR JUDGMENT [REPORT]. (a) Unless a party files a written |
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379 | 379 | | request for a de novo hearing before the referring court [notice of |
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380 | 380 | | appeal], the referring court may: |
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381 | 381 | | (1) adopt, modify, or reject the associate judge's |
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382 | 382 | | proposed order or judgment [report]; |
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383 | 383 | | (2) hear further evidence; or |
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384 | 384 | | (3) recommit the matter to the associate judge for |
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385 | 385 | | further proceedings. |
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386 | 386 | | (b) The judge of the referring court shall sign a proposed |
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387 | 387 | | order or judgment the court adopts as provided by Subsection (a)(1) |
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388 | 388 | | not later than the 30th day after the date the associate judge |
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389 | 389 | | signed the order or judgment. |
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390 | 390 | | SECTION 12. Section 54.618, Government Code, is amended to |
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391 | 391 | | read as follows: |
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392 | 392 | | Sec. 54.618. DE NOVO HEARING BEFORE [APPEAL TO] REFERRING |
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393 | 393 | | COURT. (a) A party may request a de novo hearing before the |
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394 | 394 | | referring court [appeal an associate judge's report] by filing with |
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395 | 395 | | the clerk of the referring court a written request [notice of |
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396 | 396 | | appeal] not later than the seventh working [third] day after the |
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397 | 397 | | date the party receives notice of the substance of the associate |
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398 | 398 | | judge's report as provided by Section 54.614. |
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399 | 399 | | (b) A request for a de novo hearing under this section must |
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400 | 400 | | specify the issues that will be presented [An appeal] to the |
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401 | 401 | | referring court [must be made in writing and specify the findings |
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402 | 402 | | and conclusions of the associate judge to which the party objects. |
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403 | 403 | | The appeal is limited to the findings and conclusions specified in |
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404 | 404 | | the written appeal]. |
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405 | 405 | | (c) In the de novo hearing before the referring court, the |
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406 | 406 | | [The] parties may present witnesses [on appeal to the referring |
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407 | 407 | | court as in a hearing de novo] on the issues specified [raised] in |
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408 | 408 | | the request for hearing [appeal]. The referring court may also |
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409 | 409 | | consider the record from the hearing before the associate judge, |
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410 | 410 | | including the charge to and verdict returned by a jury, if the |
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411 | 411 | | record was taken by a court reporter. |
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412 | 412 | | (d) Notice of a request for a de novo hearing before [an |
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413 | 413 | | appeal to] the referring court must be given to the opposing |
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414 | 414 | | attorney in the manner provided by Rule 21a, Texas Rules of Civil |
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415 | 415 | | Procedure. |
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416 | 416 | | (e) If a request for a de novo hearing before [an appeal to] |
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417 | 417 | | the referring court is filed by a party, any other party may file a |
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418 | 418 | | request for a de novo hearing before [an appeal to] the referring |
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419 | 419 | | court not later than the seventh day after the date of filing of the |
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420 | 420 | | initial request [appeal]. |
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421 | 421 | | (f) The referring court, after notice to the parties, shall |
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422 | 422 | | hold a de novo hearing [on all appeals] not later than the 30th day |
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423 | 423 | | after the date on which the initial request for a de novo hearing |
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424 | 424 | | [appeal] was filed with the clerk of the referring court, unless all |
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425 | 425 | | of the parties agree to a later date. |
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426 | 426 | | (g) Before the start of a hearing conducted by an associate |
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427 | 427 | | judge, the parties may waive the right of a de novo hearing before |
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428 | 428 | | [appeal to] the referring court. The waiver may be in writing or on |
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429 | 429 | | the record. |
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430 | 430 | | (h) The denial of relief to a party after a de novo hearing |
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431 | 431 | | under this section or a party's waiver of the right to a de novo |
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432 | 432 | | hearing before the referring court does not affect the right of a |
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433 | 433 | | party to file a motion for new trial, motion for judgment |
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434 | 434 | | notwithstanding the verdict, or other post-trial motion. |
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435 | 435 | | (i) A party may not demand a second jury in a de novo hearing |
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436 | 436 | | before the referring court if the associate judge's proposed order |
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437 | 437 | | or judgment resulted from a jury trial. |
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438 | 438 | | SECTION 13. Section 54.619, Government Code, is amended to |
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439 | 439 | | read as follows: |
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440 | 440 | | Sec. 54.619. APPELLATE REVIEW. (a) A party's failure to |
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441 | 441 | | request a de novo hearing before [Failure to appeal to] the |
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442 | 442 | | referring court or a party's waiver of the right to request a de |
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443 | 443 | | novo hearing before[, by waiver or otherwise, the approval by] the |
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444 | 444 | | referring court [of an associate judge's report] does not deprive |
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445 | 445 | | the [a] party of the right to appeal to or request other relief from |
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446 | 446 | | a court of appeals or the supreme court. |
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447 | 447 | | (b) Except as provided by Subsection (c), the [The] date the |
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448 | 448 | | judge of a referring court signs an order or judgment is the |
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449 | 449 | | controlling date for the purposes of appeal to or request for other |
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450 | 450 | | relief from a court of appeals or the supreme court. |
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451 | 451 | | (c) The date an order described by Section 54.610(a)(15) is |
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452 | 452 | | signed by an associate judge is the controlling date for the purpose |
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453 | 453 | | of an appeal to, or a request for other relief relating to the order |
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454 | 454 | | from, a court of appeals or the supreme court. |
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455 | 455 | | SECTION 14. The changes in law made by this Act to Chapter |
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456 | 456 | | 54, Government Code, apply to a matter referred to a statutory |
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457 | 457 | | probate court associate judge on or after the effective date of this |
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458 | 458 | | Act. A matter referred to a statutory probate court associate judge |
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459 | 459 | | before the effective date of this Act is governed by the law in |
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460 | 460 | | effect on the date the matter was referred to the associate judge, |
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461 | 461 | | and the former law is continued in effect for that purpose. |
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462 | 462 | | SECTION 15. This Act takes effect September 1, 2009. |
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463 | 463 | | ______________________________ ______________________________ |
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464 | 464 | | President of the Senate Speaker of the House |
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465 | 465 | | I hereby certify that S.B. No. 683 passed the Senate on |
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466 | 466 | | March 19, 2009, by the following vote: Yeas 31, Nays 0; and that |
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467 | 467 | | the Senate concurred in House amendments on May 30, 2009, by the |
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468 | 468 | | following vote: Yeas 31, Nays 0. |
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469 | 469 | | ______________________________ |
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470 | 470 | | Secretary of the Senate |
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471 | 471 | | I hereby certify that S.B. No. 683 passed the House, with |
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472 | 472 | | amendments, on May 27, 2009, by the following vote: Yeas 148, |
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473 | 473 | | Nays 0, one present not voting. |
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474 | 474 | | ______________________________ |
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475 | 475 | | Chief Clerk of the House |
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476 | 476 | | Approved: |
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477 | 477 | | ______________________________ |
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478 | 478 | | Date |
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479 | 479 | | ______________________________ |
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480 | 480 | | Governor |
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