79R3523 JMM-F

By:  Dutton                                                       H.B. No. 1179



A BILL TO BE ENTITLED

AN ACT

relating to the authority of an associate judge in certain family 
law cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 201.007(a) and (c), Family Code, are 
amended 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;
		(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; or                                        
			(C)  a temporary order; and                                           
		(15)  take action as necessary and proper for the 
efficient performance of the associate judge's duties.
	(c)  An agreed order, [or] a default order, or a temporary 
order rendered and signed by an associate judge under Subsection 
(a) constitutes an order of the referring court.
	SECTION 2.  The change in law made by this Act applies to a 
proceeding under Title 1, 4, or 5, Family Code, pending before a 
trial court on, or filed on or after, the effective date of this 
Act.
	SECTION 3.  This Act takes effect September 1, 2005.