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A BILL TO BE ENTITLED
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AN ACT
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relating to trial by special judge in civil and family law cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 151.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 151.001. REFERRAL BY AGREEMENT. (a) On agreement of |
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the parties, in civil or family law matters pending in a district |
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court, statutory probate court, or statutory county court, the |
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judge in whose court the case is pending may order referral of the |
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case as provided by this chapter and shall stay proceedings in the |
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judge's court pending the outcome of the trial. Any or all of the |
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issues in the cases, whether an issue of fact or law, may be |
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referred. |
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(b) A judge shall order referral of the case under |
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Subsection (a) if the motion for referral states that there is no |
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dispute among the parties as to any issue of fact or law in the case. |
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SECTION 2. Section 151.001, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a motion for referral |
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of a case to a special judge that is made on or after the effective |
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date of this Act. A motion for referral made before the effective |
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date of this Act is governed by the law in effect at the time the |
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referral was made, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |