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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an associate judge in certain family |
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law proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.007(a), Family Code, is amended to |
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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) without prejudice to the right of appeal under |
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Section 201.015, 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; 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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SECTION 2. The heading to Section 201.009, Family Code, is |
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amended to read as follows: |
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Sec. 201.009. RECORD [COURT REPORTER]. |
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SECTION 3. Section 201.109(a), Family Code, is amended to |
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read as follows: |
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(a) A record [court reporter] may be made of [provided
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during] a hearing held by an associate judge appointed under this |
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chapter. The parties to a proceeding may waive the making of a |
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record with the consent of the associate judge. A court reporter is |
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required to be provided when the associate judge presides over a |
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jury trial or a contested final termination hearing. |
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SECTION 4. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship referred to an |
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associate judge that is pending before a trial court on or filed on |
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or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |