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