SRC-JLB H.B. 883 78(R)BILL ANALYSIS


Senate Research CenterH.B. 883
By: Dutton (Lucio)
Jurisprudence
5/8/2003
Committee Report (Amended)


DIGEST AND PURPOSE 

The position of associate judge in the Family Code was enacted to help
clear a significant backlog of cases and help litigants resolve their
legal issues in a timely manner.  Currently, associate judges in Chapter
201, Subchapter A, Family Code, recommend to the judge of the referring
court what action should occur.  The workload of many judges still causes
a paperwork and time lag from the time the associate judge makes a
recommendation to the time the documents are actually reviewed and signed
by the referring judge.  H.B. 883 allows associate judges to render and
sign an agreed order or a default order. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 201.007, Family Code, by amending Subsection
(a) and adding Subsection (c), as follows: 
 
Sec. 201.007.  POWERS OF ASSOCIATE JUDGE.  (a)  Authorizes an associate
judge, except as limited by an order of referral, to perform certain acts,
including rendering and signing an agreed order or a default order. 

(c)  Provides that an agreed order or a default order rendered and signed
by an associate judge under Subsection (a) constitutes an order of the
referring court. 
 
SECTION 2.  Amends Section 201.013(b), Family Code, to provide that except
as provided by Section 201.007(c), if an appeal to the referring court is
not filed or the right to an appeal to the referring court is waived, the
findings and recommendations of the associate judge become the order of
the referring court only on the referring court's signing an order
conforming to the associate judge's report. 
 
SECTION 3.  Amends Section 201.016, Family Code, by amending Subsection
(b) and adding Subsection (c), as follows: 
 
(b)  Provides that except as provided by Subsection (c), the date an order
or judgment by the referring court is signed is the controlling date for
the purposes of appeal to or request for other relief from a court of
appeals or the supreme court. 
 
(c)  Provides that the date an agreed order or a default order is signed
by an associate judge is the controlling date for the purpose of an appeal
to, or a request for other relief relating to the order from, a court of
appeals or the supreme court. 
 
SECTION 4.  Effective date:  September 1, 2003.

LIST OF COMMITTEE AMENDMENTS

Committee Amendment No.  1:
 On page 2, lines 3-4, strike Section 201.007(A) (14) (A and B) and
substitute "(A) a final order agreed to in writing as to both form and
substance by all parties; or (B) a final default order; and".