Bill Text: TX HB1366 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to certain procedures in family or juvenile law proceedings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1366 Detail]
Download: Texas-2013-HB1366-Enrolled.html
H.B. No. 1366 |
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relating to certain procedures in family or juvenile law | ||
proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.014(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) An interlocutory appeal under Subsection (a), other | ||
than an appeal under Subsection (a)(4) or in a suit brought under | ||
the Family Code, stays the commencement of a trial in the trial | ||
court pending resolution of the appeal. An interlocutory appeal | ||
under Subsection (a)(3), (5), or (8) also stays all other | ||
proceedings in the trial court pending resolution of that appeal. | ||
SECTION 2. Section 6.4035(c), Family Code, is amended to | ||
read as follows: | ||
(c) Notwithstanding Section 132.001, Civil Practice and | ||
Remedies Code, the [ |
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who is [ |
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SECTION 3. The heading to Section 6.708, Family Code, is | ||
amended to read as follows: | ||
Sec. 6.708. COSTS; ATTORNEY'S FEES AND EXPENSES. | ||
SECTION 4. Section 6.708, Family Code, is amended by adding | ||
Subsection (c) to read as follows: | ||
(c) In a suit for dissolution of a marriage, the court may | ||
award reasonable attorney's fees and expenses. The court may order | ||
the fees and expenses and any postjudgment interest to be paid | ||
directly to the attorney, who may enforce the order in the | ||
attorney's own name by any means available for the enforcement of a | ||
judgment for debt. | ||
SECTION 5. Sections 201.015(a) and (e), Family Code, are | ||
amended to read as follows: | ||
(a) A party may request a de novo hearing before the | ||
referring court by filing with the clerk of the referring court a | ||
written request not later than the third [ |
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after the date the party receives notice of the substance of the | ||
associate judge's report as provided by Section 201.011. | ||
(e) If a request for a de novo hearing before the referring | ||
court is filed by a party, any other party may file a request for a | ||
de novo hearing before the referring court not later than the third | ||
[ |
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SECTION 6. Section 201.1042(b), Family Code, is amended to | ||
read as follows: | ||
(b) The party requesting a de novo hearing before the | ||
referring court shall file notice with the clerk of the referring | ||
court not later than the third [ |
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the associate judge signs the proposed order or judgment. | ||
SECTION 7. Sections 201.317(a) and (d), Family Code, are | ||
amended to read as follows: | ||
(a) A party may request a de novo hearing before the | ||
referring court by filing with the clerk of the referring court a | ||
written request not later than the third [ |
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after the date the party receives notice of the substance of the | ||
associate judge's report as provided by Section 201.313. | ||
(d) If a request for a de novo hearing before the referring | ||
court is filed by a party, any other party may file a request for a | ||
de novo hearing before the referring court not later than the third | ||
[ |
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SECTION 8. The change in law made by this Act to Section | ||
51.014(b), Civil Practice and Remedies Code, applies only to an | ||
appeal of an interlocutory order rendered on or after the effective | ||
date of this Act. An appeal of an interlocutory order rendered | ||
before the effective date of this Act is governed by the law in | ||
effect immediately before that date, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 9. The change in law made by this Act to Section | ||
6.4035(c), Family Code, applies to a waiver of service of process | ||
executed by a party to a suit for the dissolution of a marriage on or | ||
after the effective date of this Act, regardless of whether the suit | ||
is filed before, on, or after that date. | ||
SECTION 10. Section 6.708(c), Family Code, as added by this | ||
Act, applies only to a suit for dissolution of a marriage filed on | ||
or after the effective date of this Act. A suit filed before that | ||
date is governed by the law in effect on the date the suit was filed, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 11. The changes in law made by this Act to Chapter | ||
201, Family Code, apply only to a request for a de novo hearing in a | ||
case referred to an associate judge under Chapter 201, Family Code, | ||
on or after the effective date of this Act. A request for a de novo | ||
hearing in a case referred to an associate judge before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the case was referred, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 12. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1366 was passed by the House on April | ||
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1366 on May 24, 2013, by the following vote: Yeas 110, Nays 29, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1366 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |