79R5333 KSD-D

By:  Janek                                                        S.B. No. 845



A BILL TO BE ENTITLED

AN ACT

relating to the hearing of a child protection case by an associate 
judge.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 201, Family Code, is 
amended by adding Section 201.2011 to read as follows:
	Sec. 201.2011.  NOTICE OF APPOINTMENT OF ASSOCIATE JUDGE.  A 
presiding judge who appoints an associate judge under this 
subchapter shall give notice of the appointment to each attorney 
representing a party to a child protection case that is to be heard 
by the associate judge.
	SECTION 2.  Section 201.202(a), Family Code, is amended to 
read as follows:  
	(a)  [Except as provided by this subchapter,] Subchapter A 
applies to an associate judge appointed under this subchapter, 
except that to the extent of any conflict between this subchapter 
and Subchapter A, this subchapter prevails.
	SECTION 3.  Sections 201.204(a) and (c), Family Code, are 
amended to read as follows:
	(a)  Regardless of whether a party to a child protection case 
has made a timely objection to the associate judge's appointment 
under Section 201.005 [On the motion of a party or the associate 
judge], an associate judge may, in the interest of justice, refer a 
complex case back to the referring court for final disposition 
after recommending temporary orders for the protection of a child.
	(c)  An associate judge appointed under this subchapter may 
render and sign any order, including a final order on the merits of 
the case [recommend to the referring court any order after a trial 
on the merits].
	SECTION 4.  Sections 201.2041 and 201.2042, Family Code, are 
amended to read as follows:
	Sec. 201.2041.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S ORDER 
NOT REQUIRED [REPORT].  An order [If an appeal to the referring 
court is not filed or the right to appeal is waived, a 
recommendation] of the associate judge becomes an order of the 
referring court by operation of law without ratification by the 
referring court.
	Sec. 201.2042.  APPELLATE REVIEW [APPEAL TO REFERRING 
COURT].  (a)  A party may not appeal an order of the associate judge 
to the referring court.  [Except as provided by this section, 
Section 201.015 applies to an appeal of the associate judge's 
recommendations.]
	(b)  The date a final order by the associate court is signed 
is the controlling date for the purposes of an appeal to or request 
for other relief from a court of appeals or the supreme court. [The 
party appealing an associate judge's recommendation shall file 
notice with the referring court and the clerk of the court.]
	SECTION 5.  The changes in law made by this Act apply only to 
a child protection case referred to an associate judge under 
Subchapter C, Chapter 201, Family Code, on or after the effective 
date of this Act.  A child protection case referred before the 
effective date of this Act is governed by the law in effect on the 
date the case was referred, and the former law is continued in 
effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2005.