85R20214 MM-F     By: Schofield H.B. No. 2927       A BILL TO BE ENTITLED   AN ACT   relating to certain powers of an associate judge under the Family   Code.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 201.007, Family Code, is amended by   amending Subsections (a) and (c) and adding Subsection (e) 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:                      (A)  the appearance of witnesses; and                      (B)  the appearance of a parent who has failed to   appear before an agency authorized to conduct an investigation of   an allegation of abuse or neglect of a child after receiving proper   notice;                (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 to a de novo   hearing before the referring court [of appeal] under Section   201.015 and subject to Subsection (c), 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;                      (C)  a temporary order; or                      (D)  a final order in a case in which a party files   an unrevoked waiver made in accordance with Rule 119, Texas Rules of   Civil Procedure, that waives notice to the party of the final   hearing or waives the party's appearance at the final hearing;                (15)  take action as necessary and proper for the   efficient performance of the associate judge's duties; and                (16)  render and sign a final order if the parties waive    [that includes a waiver of] the right to a de novo hearing before   the referring court under [of appeal pursuant to] Section 201.015   in writing before the start of a hearing conducted by the associate   judge.          (c)  A final order described by Subsection (a)(14) becomes   final after the expiration of the period described by Section   201.015(a) if a party does not request a de novo hearing in   accordance with that section.  An order described by Subsection   (a)(14) or (16) that is rendered and signed by an associate judge   constitutes an order of the referring court.          (e)  An order signed before May 1, 2017, by an associate   judge under Subsection (a)(16) is a final order rendered as of the   date the order was signed.          SECTION 2.  Section 201.013(b), Family Code, is amended to   read as follows:          (b)  Except as provided by Section 201.007(c), if a request   for a de novo hearing before the referring court is not timely filed   [or the right to a de novo hearing before the referring court is   waived], the proposed order or judgment of the associate judge   becomes the order or judgment of the referring court only on the   referring court's signing the proposed order or judgment.          SECTION 3.  Section 201.014(a), Family Code, is amended to   read as follows:          (a)  Except as otherwise provided in this subchapter, unless    [Unless] a party files a written request for a de novo hearing   before the referring court, the referring court may:                (1)  adopt, modify, or reject the associate judge's   proposed order or judgment;                (2)  hear further evidence; or                (3)  recommit the matter to the associate judge for   further proceedings.          SECTION 4.  Section 201.016(c), Family Code, is amended to   read as follows:          (c)  The date an agreed order, [or] a default order, or a   final order described by Section 201.007(a)(16) is signed by an   associate judge is the controlling date for the purpose of an appeal   to, or a request for other relief relating to the order from, a   court of appeals or the supreme court.          SECTION 5.  (a)  The change in law made by this Act to Section   201.007(a), Family Code, applies only to a final order signed by an   associate judge on or after the effective date of this Act.          (b)  Notwithstanding Subsection (a) of this section, Section   201.007(e), Family Code, as added by this Act, applies to an order   signed by an associate judge under Section 201.007(a)(16), Family   Code, before May 1, 2017.  The legislature ratifies such an order.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.