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AN ACT
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relating to certain orders rendered by, and preservation of the |
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record in matters heard by, an associate judge under the Family |
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Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.007, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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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; or |
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(D) 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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[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; and |
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(16) sign a final order that includes a waiver of the |
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right of appeal pursuant to Section 201.015. |
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(c) An [agreed] order described by Subsection (a)(14) that |
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is[, a default order, or a temporary order] rendered and signed by |
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an associate judge [under Subsection (a)] constitutes an order of |
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the referring court. |
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(d) An answer filed by or on behalf of a party who previously |
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filed a waiver described in Subsection (a)(14)(D) shall revoke that |
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waiver. |
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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. COURT REPORTER; RECORD. |
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SECTION 3. Sections 201.009(a) and (c), Family Code, are |
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amended to read as follows: |
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(a) A court reporter may be provided during a hearing held |
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by an associate judge appointed under this chapter. A court |
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reporter is required to be provided when the associate judge |
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presides over a jury trial or a contested final termination |
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hearing. |
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(c) Except as provided by Subsection (a), in the absence of |
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a court reporter or on agreement of the parties, the [The] record |
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may be preserved [in the absence of a court reporter] by any [other] |
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means approved by the associate judge. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 930 was passed by the House on March |
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15, 2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 930 on May 18, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 930 on May 25, 2007, by the following vote: Yeas 135, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 930 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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930 on May 25, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |