Texas 2017 - 85th Regular

Texas Senate Bill SB1444 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1444
	1	+	85R31012 MCK-F
	2	+	By: West S.B. No. 1444
	3	+	(Davis of Harris)
	4	+	Substitute the following for S.B. No. 1444: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to de novo hearings in child protection cases.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Section 201.2042, Family Code, is amended by
8	12		amending Subsection (b) and adding Subsections (c) through (g) to
9	13		read as follows:
10	14		(b) The party requesting a de novo hearing before the
11	15		referring court shall file notice with the referring court, [and]
12	16		the clerk of the referring court, and the associate judge.
13	17		(c) A party may not request a de novo hearing on a default
14	18		judgment or an agreed order.
15	19		(d) Proceedings under this section shall be given
16	20		precedence over other pending matters to the extent necessary to
17	21		ensure the court reaches a decision promptly.
18	22		(e) After notice to the parties, the referring court shall
19	23		hold a de novo hearing on an associate judge's proposed final order
20	24		or judgment following a trial on the merits under Subchapter E,
21	25		Chapter 263, and not later than the 45th day after the date the
22	26		initial request for a de novo hearing is filed. Unless the
23	27		referring court has rendered an order disposing of the request for a
24	28		de novo hearing within the period provided by this subsection, the
25	29		request for a de novo hearing is considered denied by the referring
26	30		court.
27	31		(f) If the referring court has not held a de novo hearing on
28	32		an associate judge's proposed order or judgment on or before the
29	33		30th day after the date the initial request for a de novo hearing is
30	34		filed, a party may file a petition for a writ of mandamus to compel
31	35		the referring court to hold the hearing required by Subsection (e).
32	36		(g) Except as provided by Section 201.016, the date the
33	37		request for a de novo hearing is considered denied under Subsection
34	38		(e) is the controlling date for the purpose of an appeal to, or a
35	39		request for other relief from, a court of appeals or the supreme
36	40		court.
37	41		SECTION 2. Sections 201.014(b) and 201.2041(b), Family
38	42		Code, are repealed.
39	43		SECTION 3. The changes in law made by this Act apply only to
40	44		a request for a de novo hearing that is filed on or after the
41	45		effective date of this Act. A request for a de novo hearing filed
42	46		before the effective date of this Act is governed by the law in
43	47		effect on the date the request was filed, and the former law is
44	48		continued in effect for that purpose.
45	49		SECTION 4. This Act takes effect September 1, 2017.
46		-	______________________________ ______________________________
47		-	President of the Senate Speaker of the House
48		-	I hereby certify that S.B. No. 1444 passed the Senate on
49		-	April 26, 2017, by the following vote: Yeas 30, Nays 1; and that
50		-	the Senate concurred in House amendment on May 27, 2017, by the
51		-	following vote: Yeas 31, Nays 0.
52		-	______________________________
53		-	Secretary of the Senate
54		-	I hereby certify that S.B. No. 1444 passed the House, with
55		-	amendment, on May 22, 2017, by the following vote: Yeas 143,
56		-	Nays 0, two present not voting.
57		-	______________________________
58		-	Chief Clerk of the House
59		-	Approved:
60		-	______________________________
61		-	Date
62		-	______________________________
63		-	Governor