Texas 2017 - 85th Regular

Texas House Bill HB3785 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R26694 SRS-F
2		-	By: Capriglione, Romero, Jr. H.B. No. 3785
3		-	Substitute the following for H.B. No. 3785:
4		-	By: Murr C.S.H.B. No. 3785
	1	+	85R10494 SRS-F
	2	+	By: Capriglione H.B. No. 3785
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to associate judges and court reporters for certain family
10	8		law cases and proceedings.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 201.009, Family Code, is amended to read
	10	+	SECTION 1. Section 201.004, Family Code, is amended by
	11	+	adding Subsection (e) to read as follows:
	12	+	(e) A resident of the county served by the associate judge
	13	+	may file with the State Commission on Judicial Conduct a petition
	14	+	for removal of the associate judge. If the commission finds the
	15	+	associate judge abused the judge's discretion or acted in bad faith
	16	+	against a party before the associate judge, the commission may
	17	+	terminate the employment of the associate judge for the court
	18	+	served by the associate judge. An associate judge's employment
	19	+	termination does not prevent a de novo appeal of the associate
	20	+	judge's ruling to any district court in the county.
	21	+	SECTION 2. Section 201.009, Family Code, is amended to read
13	22		as follows:
14	23		Sec. 201.009. COURT REPORTER; RECORD. In [(a) A court
15	24		reporter may be provided during] a hearing held by an associate
16	25		judge appointed under this chapter, a court reporter must be
17	26		provided or the proceedings must be recorded with a good quality
18		-	electronic audio recording device. A court reporter is required to
19		-	be provided when the associate judge presides over a jury trial or
20		-	child custody and parental termination matters [a contested final
21		-	termination hearing].
	27	+	electronic audio recording device. [A court reporter is required
	28	+	to be provided when the associate judge presides over a jury trial
	29	+	or a contested final termination hearing.
22	30		[(b) A party, the associate judge, or the referring court
23	31		may provide for a reporter during the hearing, if one is not
24	32		otherwise provided.
25	33		[(c) Except as provided by Subsection (a), in the absence of
26	34		a court reporter or on agreement of the parties, the record may be
27	35		preserved by any means approved by the associate judge.
28	36		[(d) The referring court or associate judge may tax the
29	37		expense of preserving the record under Subsection (c) as costs.
30	38		[(e) On a request for a de novo hearing, the referring court
31	39		may consider testimony or other evidence in the record in addition
32	40		to witnesses or other matters presented under Section 201.015.]
33		-	SECTION 2. This Act takes effect September 1, 2017.
	41	+	SECTION 3. This Act takes effect September 1, 2017.