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A BILL TO BE ENTITLED
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AN ACT
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relating to certain suits affecting the parent-child relationship |
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referred to an associate judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.009(e), Family Code, is amended to |
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read as follows: |
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(e) On a request for a de novo hearing [appeal of the
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associate judge's report or proposed order], the referring court |
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may consider testimony or other evidence in the record, if the |
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record is taken by a court reporter, in addition to witnesses or |
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other matters presented under Section 201.015. |
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SECTION 2. Sections 201.011(a), (b), (c), and (d), Family |
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Code, are amended to read as follows: |
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(a) The associate judge's report may contain the associate |
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judge's findings, conclusions, or recommendations and may be in the |
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form of[, including] a proposed order. The associate judge's |
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report must be in writing in the form directed by the referring |
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court. [The form may be a notation on the referring court's docket
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sheet.] |
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(b) After a hearing, the associate judge shall provide the |
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parties participating in the hearing with a signed and dated copy |
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[notice of the substance] of the associate judge's report, |
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including any[. The notice may be given in the form of a] proposed |
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order. |
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(c) A copy of the report [Notice] may be given to the |
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parties: |
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(1) in open court[, by an oral statement or a copy of
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the associate judge's written report, including any proposed
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order]; |
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(2) by certified mail, return receipt requested; or |
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(3) by facsimile transmission. |
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(d) [The associate judge shall certify the date of mailing
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of notice by certified mail or the date of the facsimile
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transmission.] There is a rebuttable presumption that the copy of |
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the report [notice] is received on the date stated on: |
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(1) the signed return receipt, if the copy of the |
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report [notice] was provided by certified mail; or |
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(2) the confirmation page produced by the facsimile |
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machine, if the copy of the report [notice] was provided by |
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facsimile transmission. |
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SECTION 3. The heading to Section 201.012, Family Code, is |
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amended to read as follows: |
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Sec. 201.012. NOTICE OF RIGHT TO DE NOVO HEARING BEFORE |
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REFERRING COURT [APPEAL]. |
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SECTION 4. Section 201.012(a), Family Code, is amended to |
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read as follows: |
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(a) Notice of the right to a de novo hearing before [of
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appeal to the judge of] the referring court shall be given to all |
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parties. |
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SECTION 5. Section 201.013, Family Code, is amended to read |
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as follows: |
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Sec. 201.013. ORDER OF COURT. (a) Pending a de novo hearing |
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before [appeal of the associate judge's report, including any
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proposed order, to] the referring court, a proposed order or |
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judgment [the decisions and recommendations] of the associate judge |
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is [are] in full force and effect and is [are] enforceable as an |
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order or judgment of the referring court, except for orders |
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providing for the appointment of a receiver. |
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(b) Except as provided by Section 201.007(c), if a request |
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for a de novo hearing before [an appeal to] the referring court is |
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not timely filed or the right to a de novo hearing before [an appeal
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to] the referring court is waived, the proposed order or judgment |
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[findings and recommendations] of the associate judge becomes |
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[become] the order or judgment of the referring court only on the |
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referring court's signing the proposed [an] order or judgment |
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[conforming to the associate judge's report]. |
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(c) An order by an associate judge for the temporary |
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detention or incarceration of a witness or party shall be presented |
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to the referring court on the day the witness or party is detained |
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or incarcerated. The referring court, without prejudice to the |
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right to a de novo hearing [of appeal] provided by Section 201.015, |
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may approve the temporary detention or incarceration or may order |
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the release of the party or witness, with or without bond, pending a |
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de novo hearing [appeal]. If the referring court is not immediately |
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available, the associate judge may order the release of the party or |
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witness, with or without bond, pending a de novo hearing [appeal] or |
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may continue the person's detention or incarceration for not more |
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than 72 hours. |
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SECTION 6. Section 201.014, Family Code, is amended to read |
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as follows: |
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Sec. 201.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED |
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ORDER OR JUDGMENT [REPORT]. Unless a party files a written request |
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for a de novo hearing before the referring court [notice of appeal], |
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the referring court may: |
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(1) adopt, modify, or reject the associate judge's |
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[report, including any] proposed order or judgment; |
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(2) hear further evidence; or |
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(3) recommit the matter to the associate judge for |
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further proceedings. |
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SECTION 7. Section 201.015, Family Code, is amended to read |
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as follows: |
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Sec. 201.015. DE NOVO HEARING BEFORE [APPEAL TO] REFERRING |
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COURT. (a) After an associate judge has rendered a proposed order |
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or judgment, a [A] party may request a de novo hearing before the |
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referring court [appeal an associate judge's report] by filing with |
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the clerk of the referring court a written request [notice of
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appeal] not later than the seventh [third] day after the date [the
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party receives notice of the substance of] the associate judge |
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signs the proposed order or judgment [judge's report as provided by
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Section 201.011]. |
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(b) A request for a de novo hearing under this section must |
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specify the issues that will be presented to the referring court. |
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[An appeal to the referring court must be in writing specifying the
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findings and conclusions of the associate judge to which the party
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objects. The appeal is limited to the specified findings and
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conclusions.] |
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(c) The hearing before [On appeal to] the referring court is |
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[, the parties may present witnesses as in a hearing] de novo on the |
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issues specified [raised] in the request for hearing [appeal]. |
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[The court may also consider the record from the hearing before the
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associate judge, including the charge to and verdict returned by a
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jury, if the record was taken by a court reporter.] |
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(d) Notice of a request for a de novo hearing before [an
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appeal to] the referring court shall be given to the opposing |
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attorney under Rule 21a, Texas Rules of Civil Procedure. |
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(e) If a request for a de novo hearing before [an appeal to] |
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the referring court is filed by a party, any other party may file a |
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request for a de novo hearing before [an appeal to] the referring |
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court not later than the seventh day after the date the initial |
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request [appeal] was filed. |
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(f) The referring court, after notice to the parties, shall |
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hold a de novo hearing [on all appeals] not later than the 30th day |
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after the date on which the initial request for a de novo hearing |
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[appeal] was filed with the clerk of the referring court. |
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(g) Before the start of a hearing by an associate judge, the |
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parties may waive the right of a de novo hearing before [appeal to] |
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the referring court in writing or on the record. |
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(h) The denial [Denial] of relief to a party after a de novo |
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hearing [an appeal] under this section or a party's waiver of the |
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right to a de novo hearing before [appeal to] the referring court |
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does not affect the right of a party to file a motion for new trial, |
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motion for judgment notwithstanding the verdict, or other |
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post-trial motion. |
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(i) A party may not demand a second jury in a de novo hearing |
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before the referring court if the associate judge's [on appeal of an
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associate judge's report, including any] proposed order or judgment |
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resulted [, resulting] from a jury trial. |
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SECTION 8. Section 201.016(a), Family Code, is amended to |
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read as follows: |
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(a) A party's failure [Failure] to request a de novo hearing |
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before [appeal to] the referring court or a party's waiver of the |
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right to request a de novo hearing before[, by waiver or otherwise,
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the approval by] the referring court [of an associate judge's
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report] does not deprive the [a] party of the right to appeal to or |
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request other relief from a court of appeals or the supreme court. |
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SECTION 9. Section 201.1041, Family Code, is amended to |
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read as follows: |
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Sec. 201.1041. JUDICIAL ACTION ON ASSOCIATE JUDGE'S |
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PROPOSED ORDER OR JUDGMENT [REPORT]. (a) If a request for a de novo |
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hearing before [an appeal to] the referring court is not timely |
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filed or the right to a de novo hearing before the referring court |
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[appeal] is waived, a proposed order or judgment [recommendation] |
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of the associate judge, other than a proposed order or judgment |
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providing for [recommendation of] enforcement by contempt or [a
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recommendation of] the immediate incarceration of a party, shall |
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become the [an] order or judgment of the referring court by |
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operation of law without ratification by the referring court. |
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(b) An associate judge's proposed order or judgment |
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providing for [report that recommends] enforcement by contempt or |
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the immediate incarceration of a party becomes an order of the |
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referring court only if: |
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(1) the referring court signs an order adopting the |
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associate judge's proposed order or judgment [recommendation]; and |
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(2) the order or judgment meets the requirements of |
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Section 157.166. |
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(c) Except as provided by Subsection (b), a proposed order |
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or judgment [the decisions and recommendations] of the associate |
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judge is in [have] full force and effect and is [are] enforceable as |
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an order or judgment of the referring court pending a de novo |
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hearing before [during an appeal of the associate judge's report
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to] the referring court. |
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SECTION 10. Section 201.1042, Family Code, is amended to |
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read as follows: |
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Sec. 201.1042. DE NOVO HEARING BEFORE [APPEAL TO] REFERRING |
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COURT. (a) Except as provided by this section, Section 201.015 |
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applies to a request for a de novo hearing before the referring |
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court [an appeal of the associate judge's recommendations]. |
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(b) The party requesting a de novo hearing before the |
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referring court [appealing an associate judge's recommendation] |
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shall file notice with the clerk of the referring court not later |
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than the seventh day after the date the associate judge signs the |
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proposed order or judgment [and the clerk of the court]. |
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(c) A respondent who timely files a request for a de novo |
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hearing on [an appeal of] an associate judge's proposed order or |
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judgment providing for [report recommending] incarceration [after
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a finding of contempt] shall be brought before the referring court |
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not later than the first working day after the date on which the |
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respondent files the request for a de novo hearing [appeal]. The |
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referring court shall determine whether the respondent should be |
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released on bond or whether the respondent's appearance in court at |
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a designated time and place can be otherwise assured. |
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(d) If the respondent under Subsection (c) is released on |
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bond or other security, the referring court shall condition the |
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bond or other security on the respondent's promise to appear in |
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court for a de novo hearing [on the appeal] at a designated date, |
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time, and place, and the referring court shall give the respondent |
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notice of the hearing in open court. No other notice to the |
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respondent is required. |
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(e) If the respondent under Subsection (c) is released |
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without posting bond or security, the court shall set a de novo |
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hearing [on the appeal] at a designated date, time, and place and |
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give the respondent notice of the hearing in open court. No other |
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notice to the respondent is required. |
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(f) If the referring court is not satisfied that the |
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respondent's appearance in court can be assured and the respondent |
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remains incarcerated, a de novo hearing [on the appeal] shall be |
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held as soon as practicable, but not later than the fifth day after |
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the date the respondent's request for a de novo hearing before the |
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referring court [notice of appeal] was filed, unless the respondent |
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or [and], if represented, the respondent's attorney waives [waive] |
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the accelerated hearing. |
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(g) Until a de novo hearing is held [on a timely filed
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appeal] under this section and [or] the referring court has signed |
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[rendered] an order or judgment or has ruled on a timely filed |
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motion for new trial or a motion to vacate, correct, or reform a |
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judgment, an associate judge may not hold a hearing on the |
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respondent's compliance with conditions in the associate judge's |
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proposed order or judgment [report] for suspension of commitment or |
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on a motion to revoke the respondent's community supervision and |
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suspension of commitment. |
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SECTION 11. Section 201.111, Family Code, is amended to |
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read as follows: |
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Sec. 201.111. TIME TO ACT ON ASSOCIATE JUDGE'S PROPOSED |
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ORDER OR JUDGMENT [REPORT] THAT INCLUDES RECOMMENDED FINDING OF |
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CONTEMPT. (a) Not later than the 10th day after the date an |
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associate judge's proposed order or judgment [report] recommending |
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a finding of contempt is signed [filed], the referring court shall: |
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(1) adopt, modify [approve], or reject the proposed |
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order or judgment [report]; |
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(2) hear further evidence; or |
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(3) recommit the matter for further proceedings. |
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(b) The time limit in Subsection (a) does not apply if a |
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party has filed a written request for a de novo hearing before |
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[notice of appeal to] the referring court. |
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SECTION 12. The changes in law made by this Act apply only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2007. |