85R20214 MM-F
By: Schofield H.B. No. 2927
Substitute the following for H.B. No. 2927:
By: Schofield C.S.H.B. No. 2927
A BILL TO BE ENTITLED
AN ACT
relating to certain powers of an associate judge under the Family
Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.007, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) Except as limited by an order of referral, an associate
judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for:
(A) the appearance of witnesses; and
(B) the appearance of a parent who has failed to
appear before an agency authorized to conduct an investigation of
an allegation of abuse or neglect of a child after receiving proper
notice;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend an order to be rendered in a case;
(11) regulate all proceedings in a hearing before the
associate judge;
(12) order the attachment of a witness or party who
fails to obey a subpoena;
(13) order the detention of a witness or party found
guilty of contempt, pending approval by the referring court as
provided by Section 201.013;
(14) without prejudice to the right to a de novo
hearing before the referring court [of appeal] under Section
201.015 and subject to Subsection (c), render and sign:
(A) a final order agreed to in writing as to both
form and substance by all parties;
(B) a final default order;
(C) a temporary order; or
(D) a final order in a case in which a party files
an unrevoked waiver made in accordance with Rule 119, Texas Rules of
Civil Procedure, that waives notice to the party of the final
hearing or waives the party's appearance at the final hearing;
(15) take action as necessary and proper for the
efficient performance of the associate judge's duties; and
(16) render and sign a final order if the parties waive
[that includes a waiver of] the right to a de novo hearing before
the referring court under [of appeal pursuant to] Section 201.015
in writing before the start of a hearing conducted by the associate
judge.
(c) A final order described by Subsection (a)(14) becomes
final after the expiration of the period described by Section
201.015(a) if a party does not request a de novo hearing in
accordance with that section. An order described by Subsection
(a)(14) or (16) that is rendered and signed by an associate judge
constitutes an order of the referring court.
(e) An order signed before May 1, 2017, by an associate
judge under Subsection (a)(16) is a final order rendered as of the
date the order was signed.
SECTION 2. Section 201.013(b), Family Code, is amended to
read as follows:
(b) Except as provided by Section 201.007(c), if a request
for a de novo hearing before the referring court is not timely filed
[or the right to a de novo hearing before the referring court is
waived], the proposed order or judgment of the associate judge
becomes the order or judgment of the referring court only on the
referring court's signing the proposed order or judgment.
SECTION 3. Section 201.014(a), Family Code, is amended to
read as follows:
(a) Except as otherwise provided in this subchapter, unless
[Unless] a party files a written request for a de novo hearing
before the referring court, the referring court may:
(1) adopt, modify, or reject the associate judge's
proposed order or judgment;
(2) hear further evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
SECTION 4. Section 201.016(c), Family Code, is amended to
read as follows:
(c) The date an agreed order, [or] a default order, or a
final order described by Section 201.007(a)(16) is signed by an
associate judge is the controlling date for the purpose of an appeal
to, or a request for other relief relating to the order from, a
court of appeals or the supreme court.
SECTION 5. (a) The change in law made by this Act to Section
201.007(a), Family Code, applies only to a final order signed by an
associate judge on or after the effective date of this Act.
(b) Notwithstanding Subsection (a) of this section, Section
201.007(e), Family Code, as added by this Act, applies to an order
signed by an associate judge under Section 201.007(a)(16), Family
Code, before May 1, 2017. The legislature ratifies such an order.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.