Bill Text: TX SB1444 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to de novo hearings in child protection cases.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB1444 Detail]
Download: Texas-2017-SB1444-Introduced.html
Bill Title: Relating to de novo hearings in child protection cases.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB1444 Detail]
Download: Texas-2017-SB1444-Introduced.html
85R10173 MCK-F | ||
By: West | S.B. No. 1444 |
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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, [ |
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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) A request for a de novo hearing under this section must | ||
specify the issues to be presented to the referring court. If the | ||
request for a de novo hearing fails to specify the issues, the | ||
referring court shall deny the relief requested and refuse to | ||
schedule a de novo hearing. | ||
(e) Proceedings under this section shall be given | ||
precedence over other pending matters to the extent necessary to | ||
ensure the court reaches a decision promptly. | ||
(f) After notice to the parties, the referring court shall | ||
hold a de novo hearing 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. | ||
(g) Except as provided by Section 201.016, the date the | ||
request for a de novo hearing is considered denied under Subsection | ||
(f) 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. |