By: West S.B. No. 1444
(In the Senate - Filed March 8, 2017; March 20, 2017, read
first time and referred to Committee on State Affairs;
April 12, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 12, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1444 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to de novo hearings in child protection cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.2042, Family Code, is amended by
amending Subsection (b) and adding Subsections (c) through (h) to
read as follows:
(b) The party requesting a de novo hearing before the
referring court shall file notice with the referring court, [and]
the clerk of the referring court, and the associate judge.
(c) A party may not request a de novo hearing on a default
judgment or an agreed order.
(d) A request for a de novo hearing under this section must
specify the issues to be presented to the referring court. If the
request for a de novo hearing fails to specify the issues, the
referring court shall deny the relief requested and refuse to
schedule a de novo hearing.
(e) Proceedings under this section shall be given
precedence over other pending matters to the extent necessary to
ensure the court reaches a decision promptly.
(f) After notice to the parties, the referring court shall
hold a de novo hearing on an associate judge's proposed order or
judgment following a trial on the merits and not later than the 45th
day after the date the initial request for a de novo hearing is
filed. Unless the referring court has rendered an order disposing
of the request for a de novo hearing within the period provided by
this subsection, the request for a de novo hearing is considered
denied by the referring court.
(g) If the referring court has not held a de novo hearing on
an associate judge's proposed order or judgment on or before the
30th day after the date the initial request for a de novo hearing is
filed, a party may file a petition for a writ of mandamus to compel
the referring court to hold the hearing required by Subsection (f).
(h) Except as provided by Section 201.016, the date the
request for a de novo hearing is considered denied under Subsection
(f) is the controlling date for the purpose of an appeal to, or a
request for other relief from, a court of appeals or the supreme
court.
SECTION 2. Sections 201.014(b) and 201.2041(b), Family
Code, are repealed.
SECTION 3. The changes in law made by this Act apply only to
a request for a de novo hearing that is filed on or after the
effective date of this Act. A request for a de novo hearing filed
before the effective date of this Act is governed by the law in
effect on the date the request was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.
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