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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 85(R)

Senate Bill 1444

Senate Author:  West

Effective:  Vetoed

House Sponsor:  Davis, Sarah et al.


            Senate Bill 1444 amends the Family Code to require a party requesting a de novo hearing before the referring court in a child protection case to notify the relevant appointed associate judge and to require proceedings relating to such a request to be given precedence over other pending matters to the extent necessary to ensure the court reaches a decision promptly. The bill also prohibits a party from requesting a de novo hearing on a default judgment or on an agreed order and sets out provisions relating to a de novo hearing on an associate judge's proposed final order or judgment following a trial on the merits.

 

            Governor's Reason for Veto: "Associate judges are employees of the court who do not exercise the judicial power of the State on their own. They act only pursuant to the delegated authority of an elected judge. Senate Bill 1444 makes certain judgments entered by associate judges unappealable to the elected judge overseeing the case. The bill would expand the power of unelected judges while contracting the legal options of parties who appear before them. Other aspects of Senate Bill 1444 had merit. The Legislature should reconsider them next session."