By: Bolton Senate Sponsor-Harris H.B. No. 2940
       (In the Senate - Received from the House May 10, 2007;
May 14, 2007, read first time and referred to Committee on
Jurisprudence; May 19, 2007, reported favorably by the following
vote:  Yeas 4, Nays 0; May 19, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of an associate judge in certain family
law proceedings.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 201.007(a), Family Code, is amended to
read as follows:
       (a)  Except as limited by an order of referral, an associate
judge may:
             (1)  conduct a hearing;
             (2)  hear evidence;
             (3)  compel production of relevant evidence;
             (4)  rule on the admissibility of evidence;
             (5)  issue a summons for the appearance of witnesses;
             (6)  examine a witness;
             (7)  swear a witness for a hearing;
             (8)  make findings of fact on evidence;
             (9)  formulate conclusions of law;
             (10)  recommend an order to be rendered in a case;
             (11)  regulate all proceedings in a hearing before the
associate judge;
             (12)  order the attachment of a witness or party who
fails to obey a subpoena;
             (13)  order the detention of a witness or party found
guilty of contempt, pending approval by the referring court as
provided by Section 201.013;
             (14)  without prejudice to the right of appeal under
Section 201.015, render and sign:
                   (A)  a final order agreed to in writing as to both
form and substance by all parties;
                   (B)  a final default order; or
                   (C)  a temporary order; and
             (15)  take action as necessary and proper for the
efficient performance of the associate judge's duties.
       SECTION 2.  The heading to Section 201.009, Family Code, is
amended to read as follows:
       Sec. 201.009.  COURT REPORTER;  RECORD.
       SECTION 3.  Sections 201.009(a) and (c), Family Code, are
amended to read as follows:
       (a)  A court reporter may be provided during a hearing held
by an associate judge appointed under this chapter. A court
reporter is required to be provided when the associate judge
presides over a jury trial or a contested final termination
hearing.
       (c)  Except as provided by Subsection (a), in the absence of
a court reporter or on agreement of the parties, the [The] record
may be preserved [in the absence of a court reporter] by any [other]
means approved by the associate judge.
       SECTION 4.  The changes in law made by this Act apply to a
suit affecting the parent-child relationship referred to an
associate judge that is pending before a trial court on or filed on
or after the effective date of this Act.
       SECTION 5.  This Act takes effect September 1, 2007.
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