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A BILL TO BE ENTITLED
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AN ACT
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relating to the power of associate judges to render and sign certain |
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ancillary orders in suits affecting the parent-child relationship. |
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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: |
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(A) the appearance of witnesses; and |
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(B) the appearance of a parent who has failed to |
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appear before an agency authorized to conduct an investigation of |
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an allegation of abuse or neglect of a child after receiving proper |
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notice; |
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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 to a de novo |
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hearing before the referring court under Section 201.015 and |
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subject to Subsection (c), 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; |
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(C) a temporary order; [or] |
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(D) an order for transfer of continuing, |
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exclusive jurisdiction under Chapter 155; |
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(E) an order for transfer of venue of an original |
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suit under Chapter 103; |
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(F) an order granting a new trial; or |
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(G) a final order in a case in which a party files |
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an unrevoked waiver made in accordance with Rule 119, Texas Rules of |
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Civil Procedure, that waives notice to the party of the final |
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hearing or waives the party's appearance at the final hearing; |
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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; and |
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(16) render and sign a final order if the parties waive |
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the right to a de novo hearing before the referring court under |
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Section 201.015 in writing before the start of a hearing conducted |
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by the associate judge. |
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SECTION 2. 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 3. This Act takes effect September 1, 2021. |