Bill Text: TX SB1444 | 2017-2018 | 85th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
| By: West | S.B. No. 1444 | |
| (In the Senate - Filed March 8, 2017; March 20, 2017, read | ||
| first time and referred to Committee on State Affairs; | ||
| April 12, 2017, reported adversely, with favorable Committee | ||
| Substitute by the following vote: Yeas 9, Nays 0; April 12, 2017, | ||
| sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 1444 | By: Zaffirini | |
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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 (h) 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 on an associate judge's proposed order or | ||
| judgment following a trial on the merits and 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) If the referring court has not held a de novo hearing on | ||
| an associate judge's proposed order or judgment on or before the | ||
| 30th day after the date the initial request for a de novo hearing is | ||
| filed, a party may file a petition for a writ of mandamus to compel | ||
| the referring court to hold the hearing required by Subsection (f). | ||
| (h) 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. | ||
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