H.B. No. 883
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:
(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) a final order agreed to in writing as to both
form and substance by all parties; or
(B) a final 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 883 was passed by the House on March
28, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 883 on May 21, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 883 was passed by the Senate, with
amendments, on May 20, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor