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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2068

                                                                                                                         By: Hartnett (Carona)

                                                                                                                                      Jurisprudence

                                                                                                                                            5/10/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, if there is no dispute among the parties involved, civil or family law cases may be referred to a special judge who meets certain requirements.  The purpose of H.B. 2068 is to make this referral mandatory when there is no issue of disputed law or fact in the case.

 

H.B. 2068 requires the judge to order a referral of a civil or family law case to a special judge if there is no issue of fact or disputed law by the parties.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 151.001, Civil Practice and Remedies Code, as follows:

 

Sec.  151.001.  REFERRAL BY AGREEMENT.  (a) Creates this subsection from existing text.

 

(b) Requires a judge to order referral of the case under Subsection (a) if the motion for referral states that there is no dispute among the parties as to any issue of fact or law in the case.

 

SECTION 2.  Makes Section 151.001, Civil Practice and Remedies Code, as amended by this Act, prospective.

 

SECTION 3.  Effective date: September 1, 2007.