78R358 KSD-F


By:  Dutton                                                       H.B. No. 883



A BILL TO BE ENTITLED

AN ACT

relating to the powers of an associate judge under the Family Code.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 201.007, Family Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	Sec. 201.007.  POWERS OF ASSOCIATE JUDGE.  (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 the appearance of witnesses;                         
		(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; [and]
		(14)  render and sign:                                                 
			(A)  an agreed order; or                                              
			(B)  a default order; and                                             
		(15) [(14)]  take action as necessary and proper for 
the efficient performance of the associate judge's duties.
	(c)  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.  Section 201.013(b), Family Code, is amended to 
read as follows:  
	(b)  Except as provided by Section 201.007(c), if [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.  Section 201.016, Family Code, is amended by 
amending Subsection (b) and adding Subsection (c) to read as 
follows:
	(b)  Except as provided by Subsection (c), the [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)  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.  This Act takes effect September 1, 2003.