85R31012 MCK-F
 
  By: West S.B. No. 1444
 
  (Davis of Harris)
 
  Substitute the following for S.B. No. 1444:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to de novo hearings in child protection cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.2042, Family Code, is amended by
  amending Subsection (b) and adding Subsections (c) through (g) to
  read as follows:
         (b)  The party requesting a de novo hearing before the
  referring court shall file notice with the referring court, [and]
  the clerk of the referring court, and the associate judge.
         (c)  A party may not request a de novo hearing on a default
  judgment or an agreed order.
         (d)  Proceedings under this section shall be given
  precedence over other pending matters to the extent necessary to
  ensure the court reaches a decision promptly.
         (e)  After notice to the parties, the referring court shall
  hold a de novo hearing on an associate judge's proposed final order
  or judgment following a trial on the merits under Subchapter E,
  Chapter 263, and not later than the 45th day after the date the
  initial request for a de novo hearing is filed. Unless the
  referring court has rendered an order disposing of the request for a
  de novo hearing within the period provided by this subsection, the
  request for a de novo hearing is considered denied by the referring
  court.
         (f)  If the referring court has not held a de novo hearing on
  an associate judge's proposed order or judgment on or before the
  30th day after the date the initial request for a de novo hearing is
  filed, a party may file a petition for a writ of mandamus to compel
  the referring court to hold the hearing required by Subsection (e).
         (g)  Except as provided by Section 201.016, the date the
  request for a de novo hearing is considered denied under Subsection
  (e) is the controlling date for the purpose of an appeal to, or a
  request for other relief from, a court of appeals or the supreme
  court.
         SECTION 2.  Sections 201.014(b) and 201.2041(b), Family
  Code, are repealed.
         SECTION 3.  The changes in law made by this Act apply only to
  a request for a de novo hearing that is filed on or after the
  effective date of this Act. A request for a de novo hearing filed
  before the effective date of this Act is governed by the law in
  effect on the date the request was filed, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.