| 1 | 1 | | 87R3496 MLH-D |
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| 2 | 2 | | By: Dutton H.B. No. 1235 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the power of associate judges to render and sign certain |
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| 8 | 8 | | ancillary orders in suits affecting the parent-child relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 201.007(a), Family Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Except as limited by an order of referral, an associate |
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| 13 | 13 | | judge may: |
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| 14 | 14 | | (1) conduct a hearing; |
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| 15 | 15 | | (2) hear evidence; |
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| 16 | 16 | | (3) compel production of relevant evidence; |
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| 17 | 17 | | (4) rule on the admissibility of evidence; |
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| 18 | 18 | | (5) issue a summons for: |
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| 19 | 19 | | (A) the appearance of witnesses; and |
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| 20 | 20 | | (B) the appearance of a parent who has failed to |
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| 21 | 21 | | appear before an agency authorized to conduct an investigation of |
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| 22 | 22 | | an allegation of abuse or neglect of a child after receiving proper |
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| 23 | 23 | | notice; |
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| 24 | 24 | | (6) examine a witness; |
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| 25 | 25 | | (7) swear a witness for a hearing; |
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| 26 | 26 | | (8) make findings of fact on evidence; |
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| 27 | 27 | | (9) formulate conclusions of law; |
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| 28 | 28 | | (10) recommend an order to be rendered in a case; |
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| 29 | 29 | | (11) regulate all proceedings in a hearing before the |
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| 30 | 30 | | associate judge; |
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| 31 | 31 | | (12) order the attachment of a witness or party who |
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| 32 | 32 | | fails to obey a subpoena; |
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| 33 | 33 | | (13) order the detention of a witness or party found |
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| 34 | 34 | | guilty of contempt, pending approval by the referring court as |
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| 35 | 35 | | provided by Section 201.013; |
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| 36 | 36 | | (14) without prejudice to the right to a de novo |
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| 37 | 37 | | hearing before the referring court under Section 201.015 and |
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| 38 | 38 | | subject to Subsection (c), render and sign: |
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| 39 | 39 | | (A) a final order agreed to in writing as to both |
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| 40 | 40 | | form and substance by all parties; |
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| 41 | 41 | | (B) a final default order; |
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| 42 | 42 | | (C) a temporary order; [or] |
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| 43 | 43 | | (D) an order for transfer of continuing, |
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| 44 | 44 | | exclusive jurisdiction under Chapter 155; |
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| 45 | 45 | | (E) an order for transfer of venue of an original |
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| 46 | 46 | | suit under Chapter 103; |
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| 47 | 47 | | (F) an order granting a new trial; or |
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| 48 | 48 | | (G) a final order in a case in which a party files |
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| 49 | 49 | | an unrevoked waiver made in accordance with Rule 119, Texas Rules of |
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| 50 | 50 | | Civil Procedure, that waives notice to the party of the final |
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| 51 | 51 | | hearing or waives the party's appearance at the final hearing; |
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| 52 | 52 | | (15) take action as necessary and proper for the |
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| 53 | 53 | | efficient performance of the associate judge's duties; and |
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| 54 | 54 | | (16) render and sign a final order if the parties waive |
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| 55 | 55 | | the right to a de novo hearing before the referring court under |
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| 56 | 56 | | Section 201.015 in writing before the start of a hearing conducted |
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| 57 | 57 | | by the associate judge. |
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| 58 | 58 | | SECTION 2. The changes in law made by this Act apply to a |
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| 59 | 59 | | suit affecting the parent-child relationship referred to an |
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| 60 | 60 | | associate judge that is pending before a trial court on or filed on |
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| 61 | 61 | | or after the effective date of this Act. |
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| 62 | 62 | | SECTION 3. This Act takes effect September 1, 2021. |
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