By: Lucio III (Senate Sponsor - Rodriguez) H.B. No. 1366
(In the Senate - Received from the House April 22, 2013;
April 24, 2013, read first time and referred to Committee on
Jurisprudence; May 16, 2013, reported favorably by the following
vote: Yeas 7, Nays 0; May 16, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures in family or juvenile law
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) An interlocutory appeal under Subsection (a), other
than an appeal under Subsection (a)(4) or in a suit brought under
the Family Code, stays the commencement of a trial in the trial
court pending resolution of the appeal. An interlocutory appeal
under Subsection (a)(3), (5), or (8) also stays all other
proceedings in the trial court pending resolution of that appeal.
SECTION 2. Section 6.4035(c), Family Code, is amended to
read as follows:
(c) Notwithstanding Section 132.001, Civil Practice and
Remedies Code, the [The] waiver must be sworn before a notary public
who is [but may] not [be sworn before] an attorney in the suit.
SECTION 3. Sections 201.015(a) and (e), Family Code, are
amended to read as follows:
(a) A party may request a de novo hearing before the
referring court by filing with the clerk of the referring court a
written request not later than the third [seventh] working day
after the date the party receives notice of the substance of the
associate judge's report as provided by Section 201.011.
(e) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the third
[seventh] working day after the date the initial request was filed.
SECTION 4. Section 201.1042(b), Family Code, is amended to
read as follows:
(b) The party requesting a de novo hearing before the
referring court shall file notice with the clerk of the referring
court not later than the third [seventh] working day after the date
the associate judge signs the proposed order or judgment.
SECTION 5. Sections 201.317(a) and (d), Family Code, are
amended to read as follows:
(a) A party may request a de novo hearing before the
referring court by filing with the clerk of the referring court a
written request not later than the third [seventh] working day
after the date the party receives notice of the substance of the
associate judge's report as provided by Section 201.313.
(d) If a request for a de novo hearing before the referring
court is filed by a party, any other party may file a request for a
de novo hearing before the referring court not later than the third
[seventh] working day after the date the initial request was filed.
SECTION 6. The change in law made by this Act to Section
51.014(b), Civil Practice and Remedies Code, applies only to an
appeal of an interlocutory order rendered on or after the effective
date of this Act. An appeal of an interlocutory order rendered
before the effective date of this Act is governed by the law in
effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 7. The change in law made by this Act to Section
6.4035(c), Family Code, applies to a waiver of service of process
executed by a party to a suit for the dissolution of a marriage on or
after the effective date of this Act, regardless of whether the suit
is filed before, on, or after that date.
SECTION 8. The changes in law made by this Act to Chapter
201, Family Code, apply only to a request for a de novo hearing in a
case referred to an associate judge under Chapter 201, Family Code,
on or after the effective date of this Act. A request for a de novo
hearing in a case referred to an associate judge before the
effective date of this Act is governed by the law in effect on the
date the case was referred, and the former law is continued in
effect for that purpose.
SECTION 9. This Act takes effect September 1, 2013.
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