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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers of an associate judge under the Family Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 201.007(a) and (c), Family Code, are |
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amended to read as follows: |
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(a) Except as limited by an order of referral, an associate |
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judge may: |
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(1) conduct a hearing; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
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(4) rule on the admissibility of evidence; |
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(5) issue a summons for the appearance of witnesses; |
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(6) examine a witness; |
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(7) swear a witness for a hearing; |
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(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
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(10) recommend an order to be rendered in a case; |
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(11) regulate all proceedings in a hearing before the |
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associate judge; |
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(12) order the attachment of a witness or party who |
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fails to obey a subpoena; |
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(13) order the detention of a witness or party found |
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guilty of contempt, pending approval by the referring court as |
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provided by Section 201.013; |
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(14) render and sign: |
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(A) a final order agreed to in writing as to both |
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form and substance by all parties; |
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(B) a final default order; [or] |
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(C) a temporary order; or |
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(D) a final order in a case in which a party files |
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a waiver; and |
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(15) take action as necessary and proper for the |
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efficient performance of the associate judge's duties. |
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(c) An [agreed] order described by Subsection (a)(14) that |
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is[, a default order, or a temporary order] rendered and signed by |
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an associate judge [under Subsection (a)] constitutes an order of |
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the referring court. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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COMMITTEE AMENDMENT NO. 1 |
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Amend H.B. 930 as follows: |
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On Page 2, strike lines 6 and 7 and insert" |
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(D) a final order in a case in which a party files an |
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unrevoked waiver made in accordance with Rule 119, Texas Rules of |
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Civil Procedure, that waives notice to the party of the final |
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hearing or waives the party's appearance at the final hearing; and |
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On page 2, after line 13 insert: |
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(d) An answer filed on or behalf of a party who previously |
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filed a waiver described in Subsection (a)(14)(D) shall revoke that |
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waiver. |
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Chavez |