H.B. No. 1366
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. The heading to Section 6.708, Family Code, is
amended to read as follows:
Sec. 6.708. COSTS; ATTORNEY'S FEES AND EXPENSES.
SECTION 4. Section 6.708, Family Code, is amended by adding
Subsection (c) to read as follows:
(c) In a suit for dissolution of a marriage, the court may
award reasonable attorney's fees and expenses. The court may order
the fees and expenses and any postjudgment interest to be paid
directly to the attorney, who may enforce the order in the
attorney's own name by any means available for the enforcement of a
judgment for debt.
SECTION 5. 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 6. 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 7. 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 8. 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 9. 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 10. Section 6.708(c), Family Code, as added by this
Act, applies only to a suit for dissolution of a marriage filed on
or after the effective date of this Act. A suit filed before that
date is governed by the law in effect on the date the suit was filed,
and the former law is continued in effect for that purpose.
SECTION 11. 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 12. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1366 was passed by the House on April
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1366 on May 24, 2013, by the following vote: Yeas 110, Nays 29,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1366 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor