87R3496 MLH-D
By: Dutton H.B. No. 1235
A BILL TO BE ENTITLED
AN ACT
relating to the power of associate judges to render and sign certain
ancillary orders in suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.007(a), Family Code, is amended 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 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) an order for transfer of continuing,
exclusive jurisdiction under Chapter 155;
(E) an order for transfer of venue of an original
suit under Chapter 103;
(F) an order granting a new trial; or
(G) 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
the right to a de novo hearing before the referring court under
Section 201.015 in writing before the start of a hearing conducted
by the associate judge.
SECTION 2. The changes in law made by this Act apply to a
suit affecting the parent-child relationship referred to an
associate judge that is pending before a trial court on or filed on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.