BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 930

                                                                                                                            By: Chavez (Uresti)

                                                                                                                                      Jurisprudence

                                                                                                                                            4/24/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 930 expands the statutory authority of associate judges to render final orders where a party has waived certain rights.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 201.007, Family Code, by amending Subsections (a) and (c) and adding Subsection (d), as follows:

 

(a) Sets forth certain actions that an associate judge is authorized to take, except as limited by an order of referral, including to render and sign a final order in a case in which a party files an unrevoked waiver made in accordance with Rule 119, Texas Rules of Civil Procedure, that waives notice to the party of the final hearing or waives the party's appearance at the final hearing.

 

(c) Provides that an order described by Subsection (a)(14), rather than an agreed order, a default order, or a temporary order, that is rendered and signed by an associate judge constitutes an order of the referring court.

 

(d) Requires an answer filed by or on behalf of a party who previously filed a waiver described in Subsection (a)(14)(D), as added by this Act, to revoke that waiver.

 

SECTION 2. Effective date: upon passage or September 1, 2007.