1 | 1 | | 84R2155 KSD-F |
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2 | 2 | | By: Lucio III H.B. No. 2411 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the appointment of an associate judge in a family law |
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8 | 8 | | proceeding involving a name change. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 201.001(a) and (c), Family Code, are |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (a) A judge of a court having jurisdiction of a suit under |
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13 | 13 | | this title, [or] Title 1, Chapter 45, or Title 4 may appoint a |
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14 | 14 | | full-time or part-time associate judge to perform the duties |
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15 | 15 | | authorized by this chapter if the commissioners court of a county in |
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16 | 16 | | which the court has jurisdiction authorizes the employment of an |
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17 | 17 | | associate judge. |
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18 | 18 | | (c) If more than one court in a county has jurisdiction of a |
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19 | 19 | | suit under this title, [or] Title 1, Chapter 45, or Title 4 the |
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20 | 20 | | commissioners court may authorize the appointment of an associate |
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21 | 21 | | judge for each court or may authorize one or more associate judges |
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22 | 22 | | to share service with two or more courts. |
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23 | 23 | | SECTION 2. Sections 201.005(a) and (d), Family Code, are |
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24 | 24 | | amended to read as follows: |
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25 | 25 | | (a) Except as provided by this section, a judge of a court |
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26 | 26 | | may refer to an associate judge any aspect of a suit over which the |
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27 | 27 | | court has jurisdiction under this title, [or] Title 1, Chapter 45, |
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28 | 28 | | or Title 4, including any matter ancillary to the suit. |
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29 | 29 | | (d) The requirements of Subsections (b) and (c) shall apply |
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30 | 30 | | whenever a judge has authority to refer the trial of a suit under |
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31 | 31 | | this title, Title 1, Chapter 45, or Title 4 to an associate judge, |
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32 | 32 | | master, or other assistant judge regardless of whether the |
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33 | 33 | | assistant judge is appointed under this subchapter. |
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34 | 34 | | SECTION 3. Section 201.018(a), Family Code, is amended to |
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35 | 35 | | read as follows: |
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36 | 36 | | (a) If an associate judge appointed under this subchapter is |
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37 | 37 | | temporarily unable to perform the judge's official duties because |
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38 | 38 | | of absence or illness, injury, or other disability, a judge of a |
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39 | 39 | | court having jurisdiction of a suit under this title, [or] Title 1, |
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40 | 40 | | Chapter 45, or Title 4 may appoint a visiting associate judge to |
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41 | 41 | | perform the duties of the associate judge during the period of the |
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42 | 42 | | associate judge's absence or disability if the commissioners court |
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43 | 43 | | of a county in which the court has jurisdiction authorizes the |
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44 | 44 | | employment of a visiting associate judge. |
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45 | 45 | | SECTION 4. The change in law made by this Act applies only |
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46 | 46 | | to a suit filed under Chapter 45, Family Code, on or after the |
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47 | 47 | | effective date of this Act. A suit filed under Chapter 45, Family |
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48 | 48 | | Code, before the effective date of this Act is governed by the law |
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49 | 49 | | in effect on the date the suit was filed, and that law is continued |
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50 | 50 | | in effect for that purpose. |
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51 | 51 | | SECTION 5. This Act takes effect September 1, 2015. |
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