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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures in family or juvenile law |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.014(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) An interlocutory appeal under Subsection (a), other |
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than an appeal under Subsection (a)(4) or in a suit brought under |
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the Family Code, stays the commencement of a trial in the trial |
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court pending resolution of the appeal. An interlocutory appeal |
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under Subsection (a)(3), (5), or (8) also stays all other |
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proceedings in the trial court pending resolution of that appeal. |
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SECTION 2. Section 6.4035(c), Family Code, is amended to |
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read as follows: |
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(c) Notwithstanding Section 132.001, Civil Practice and |
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Remedies Code, the [The] waiver must be sworn before a notary public |
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who is [but may] not [be sworn before] an attorney in the suit. |
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SECTION 3. Sections 201.015(a) and (e), Family Code, are |
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amended to read as follows: |
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(a) A party may request a de novo hearing before the |
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referring court by filing with the clerk of the referring court a |
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written request not later than the third [seventh] working day |
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after the date the party receives notice of the substance of the |
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associate judge's report as provided by Section 201.011. |
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(e) If a request for a de novo hearing before the referring |
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court is filed by a party, any other party may file a request for a |
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de novo hearing before the referring court not later than the third |
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[seventh] working day after the date the initial request was filed. |
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SECTION 4. Section 201.1042(b), Family Code, is amended to |
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read as follows: |
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(b) The party requesting a de novo hearing before the |
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referring court shall file notice with the clerk of the referring |
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court not later than the third [seventh] working day after the date |
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the associate judge signs the proposed order or judgment. |
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SECTION 5. Sections 201.317(a) and (d), Family Code, are |
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amended to read as follows: |
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(a) A party may request a de novo hearing before the |
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referring court by filing with the clerk of the referring court a |
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written request not later than the third [seventh] working day |
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after the date the party receives notice of the substance of the |
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associate judge's report as provided by Section 201.313. |
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(d) If a request for a de novo hearing before the referring |
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court is filed by a party, any other party may file a request for a |
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de novo hearing before the referring court not later than the third |
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[seventh] working day after the date the initial request was filed. |
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SECTION 6. The change in law made by this Act to Section |
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51.014(b), Civil Practice and Remedies Code, applies only to an |
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appeal of an interlocutory order rendered on or after the effective |
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date of this Act. An appeal of an interlocutory order rendered |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. The change in law made by this Act to Section |
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6.4035(c), Family Code, applies to a waiver of service of process |
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executed by a party to a suit for the dissolution of a marriage on or |
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after the effective date of this Act, regardless of whether the suit |
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is filed before, on, or after that date. |
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SECTION 8. The changes in law made by this Act to Chapter |
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201, Family Code, apply only to a request for a de novo hearing in a |
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case referred to an associate judge under Chapter 201, Family Code, |
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on or after the effective date of this Act. A request for a de novo |
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hearing in a case referred to an associate judge before the |
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effective date of this Act is governed by the law in effect on the |
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date the case was referred, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2013. |