BILL ANALYSIS
Senate Research Center H.B. 930
By: Chavez (Uresti)
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
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.
SUMMARY OF COMMITTEE CHANGES
Committee Amendment No.1
Inserts the appropriately numbered sections, as follows:
SECTION __. Amends Section 201.007(a), Family Code, to authorize an associate judge, except as limited by an order of referral, to perform certain duties, including to render and sign, without prejudice to the right of appeal under Section 201.015 (Appeal to Referring Court), certain orders, and to sign a final order that includes a waiver of the right of appeal pursuant to Section 201.015.
SECTION __. Amends the heading to Section 201.009, Family Code, to read as follows:
Sec. 201.009. COURT REPORTER; RECORD.
SECTION __. Amends Sections 201.009(a) and (c), as follows:
(a) Requires that a court reporter be provided when the associate judge presides over a jury trial or a contested final termination hearing.
(c) Authorizes the record, except as provided by Subsection (a), in the absence of a court reporter or on agreement of the parties, to be preserved by any means approved by the associate judge.