reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.2041. Judicial Action on Associate Judge's Proposed Order or Judgment

Sec. 201.2041.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED ORDER OR JUDGMENT.  (a)  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 by operation of law without ratification by the referring court.
(b)  Regardless of whether a de novo hearing is requested before the referring court, a proposed order or judgment rendered by an associate judge that meets the requirements of Section 263.401(d) is considered a final order for purposes of Section 263.401.
Added by Acts 2003, 78th Leg., ch. 1258, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1235 (H.B. 2501), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.2042. De Novo Hearing Before Referring Court

Sec. 201.2042.  DE NOVO HEARING BEFORE REFERRING COURT.  (a)  Except as provided by this section, Section 201.015 applies to a request for a de novo hearing before the referring court.
(b)  The party requesting a de novo hearing before the referring court shall file notice with the referring court and the clerk of the referring court.
Added by Acts 2003, 78th Leg., ch. 1258, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1235 (H.B. 2501), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.205. Compensation of Associate Judge

Sec. 201.205.  COMPENSATION OF ASSOCIATE JUDGE.  (a)  An associate judge appointed under this subchapter is entitled to a salary in the amount equal to 90 percent of the annual salary paid to a district judge with comparable years of service as the associate judge as set by the General Appropriations Act in accordance with Section 659.012, Government Code.
(b)  The associate judge's salary shall be paid from county funds available for payment of officers' salaries subject to the approval of the commissioners court or from funds available from the state and federal governments as provided by this subchapter.
Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 2, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.004, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.206. Personnel

Sec. 201.206.  PERSONNEL.  (a)  The presiding judge of an administrative judicial region or the presiding judges of the administrative judicial regions, by majority vote, may appoint personnel as needed to implement and administer the provisions of this subchapter.
(b)  The salaries of the personnel shall be paid from county funds available for payment of officers' salaries subject to the approval of the commissioners court or from funds available from the state and federal governments as provided by this subchapter.
Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.2061. Supervision of Associate Judges

Sec. 201.2061.  SUPERVISION OF ASSOCIATE JUDGES.  (a)  The office of court administration shall assist the presiding judges in:
(1)  monitoring the associate judges' compliance with any applicable job performance standards, uniform practices adopted by the presiding judges, and federal and state laws and policies;
(2)  addressing the training needs and resource requirements of the associate judges;
(3)  conducting annual performance evaluations for the associate judges and other personnel appointed under this subchapter based on written personnel performance standards adopted by the presiding judges and performance information solicited from the referring courts and other relevant persons; and
(4)  receiving, investigating, and resolving complaints about particular associate judges or the associate judge program under this subchapter based on a uniform process adopted by the presiding judges.
(b)  The office of court administration shall develop procedures and a written evaluation form to be used by the presiding judges in conducting the annual performance evaluations under Subsection (a)(3).
(c)  Each judge of a court that refers cases to an associate judge under this subchapter may submit to the presiding judge or the office of court administration information on the associate judge's performance during the preceding year based on a uniform process adopted by the presiding judges.
Added by Acts 2003, 78th Leg., ch. 1258, Sec. 22, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 1.04, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.207. State and Federal Funds; Personnel

Sec. 201.207.  STATE AND FEDERAL FUNDS;  PERSONNEL.  (a)  The office of court administration may contract for available state and federal funds from any source and may employ personnel needed to implement and administer this subchapter.  An associate judge and other personnel appointed under this subsection are state employees for all purposes, including accrual of leave time, insurance benefits, retirement benefits, and travel regulations.
(b)  The presiding judges of the administrative judicial regions, state agencies, and counties may contract for available federal funds from any source to reimburse costs and salaries associated with associate judges and personnel appointed under this section and may also use available state funds and public or private grants.
(c)  The presiding judges and the office of court administration in cooperation with other agencies shall take action necessary to maximize the amount of federal money available to fund the use of associate judges under this subchapter.
Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.208. Assignment of Judges and Visiting Associate Judges

Sec. 201.208.  ASSIGNMENT OF JUDGES AND VISITING ASSOCIATE JUDGES.  (a)  This chapter does not limit the authority of a presiding judge to assign a judge eligible for assignment under Chapter 74, Government Code, to assist in processing cases in a reasonable time.
(b)  The presiding judge of an administrative judicial region may assign a visiting associate judge to perform the duties of an associate judge appointed under this subchapter only if:
(1)  the associate judge is temporarily unable to perform the associate judge's official duties because of absence resulting from:
(A)  illness;
(B)  injury;
(C)  disability;
(D)  personal emergency;
(E)  military service;
(F)  vacation; or
(G)  attendance at a continuing legal education program;
(2)  the associate judge requests assistance due to a heavy workload or a pandemic-related emergency; or
(3)  a vacancy occurs in the position of associate judge.
(c)  The presiding judge of an administrative judicial region may assign a visiting associate judge under Subsection (b) during the period the associate judge is unable to perform the associate judge's duties, during the period assistance is needed to manage the associate judge's workload, or until another associate judge is appointed to fill the vacancy.
(d)  A person is not eligible for assignment under this section unless the person has served as a master or associate judge under this chapter, a district judge, or a statutory county court judge for at least two years before the date of assignment.
(e)  A visiting associate judge assigned under this section is subject to each provision of this chapter that applies to an associate judge serving under a regular appointment under this subchapter.  A visiting associate judge assigned under this section is entitled to compensation, to be determined by a majority vote of the presiding judges of the administrative judicial regions, through use of funds under this subchapter.  A visiting associate judge is not considered to be a state employee for any purpose.
(f)  Section 2252.901, Government Code, does not apply to the assignment of a visiting associate judge under this section.
Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 23, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 343 (S.B. 1147), Sec. 2, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 760 (S.B. 742), Sec. 4, eff. June 19, 2009.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.005, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter C. Associate Judge for Child Protection Cases › Section 201.209. Limitation on Law Practice by Associate Judge

Sec. 201.209.  LIMITATION ON LAW PRACTICE BY ASSOCIATE JUDGE.  An associate judge appointed under this subchapter may not engage in the private practice of law.
Added by Acts 2003, 78th Leg., ch. 1258, Sec. 24, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.301. Applicability

Sec. 201.301.  APPLICABILITY.  This subchapter applies only to an associate judge appointed under this subchapter and does not apply to a juvenile court master appointed under Subchapter K, Chapter 54, Government Code.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.302. Appointment

Sec. 201.302.  APPOINTMENT.  (a)  A judge of a court that is designated as a juvenile court may appoint a full-time or part-time associate judge to perform the duties authorized by this chapter if the commissioners court of a county in which the court has jurisdiction has authorized creation of an associate judge position.
(b)  If a court has jurisdiction in more than one county, an associate judge appointed by that court may serve only in a county in which the commissioners court has authorized the appointment.
(c)  If more than one court in a county has been designated as a juvenile court, the commissioners court may authorize the appointment of an associate judge for each court or may authorize one or more associate judges to share service with two or more courts.
(d)  If an associate judge serves more than one court, the associate judge's appointment must be made as established by local rule, but in no event by less than a vote of two-thirds of the judges under whom the associate judge serves.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.303. Qualifications

Sec. 201.303.  QUALIFICATIONS.  To qualify for appointment as an associate judge under this subchapter, a person must:
(1)  be a resident of this state and one of the counties the person will serve;
(2)  have been licensed to practice law in this state for at least four years;
(3)  not have been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; and
(4)  not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided in Section 33.022, Government Code, and before final disposition of the proceedings.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.304. Compensation

Sec. 201.304.  COMPENSATION.  (a)  An associate judge shall be paid a salary determined by the commissioners court of the county in which the associate judge serves.
(b)  If an associate judge serves in more than one county, the associate judge shall be paid a salary as determined by agreement of the commissioners courts of the counties in which the associate judge serves.
(c)  The associate judge's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.305. Termination

Sec. 201.305.  TERMINATION.  (a)  An associate judge who serves a single court serves at the will of the judge of that court.
(b)  The employment of an associate judge who serves more than two courts may only be terminated by a majority vote of all the judges of the courts which the associate judge serves.
(c)  The employment of an associate judge who serves two courts may be terminated by either of the judges of the courts which the associate judge serves.
(d)  To terminate an associate judge's employment, the appropriate judges must sign a written order of termination.  The order must state:
(1)  the associate judge's name and state bar identification number;
(2)  each court ordering termination; and
(3)  the date the associate judge's employment ends.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.306. Cases That May Be Referred

Sec. 201.306.  CASES THAT MAY BE REFERRED.  (a)  Except as provided by this section, a judge of a juvenile court may refer to an associate judge any aspect of a juvenile matter brought:
(1)  under this title or Title 3; or
(2)  in connection with Rule 308a, Texas Rules of Civil Procedure.
(b)  Unless a party files a written objection to the associate judge hearing a trial on the merits, the judge may refer the trial to the associate judge.  A trial on the merits is any final adjudication from which an appeal may be taken to a court of appeals.
(c)  A party must file an objection to an associate judge hearing a trial on the merits or presiding at a jury trial not later than the 10th day after the date the party receives notice that the associate judge will hear the trial.  If an objection is filed, the referring court shall hear the trial on the merits or preside at a jury trial.
(d)  The requirements of Subsections (b) and (c) apply when a judge has authority to refer the trial of a suit under this title, Title 1, or Title 4 to an associate judge, master, or other assistant judge regardless of whether the assistant judge is appointed under this subchapter.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.307. Methods of Referral

Sec. 201.307.  METHODS OF REFERRAL.  (a)  A case may be referred to an associate judge by an order of referral in a specific case or by an omnibus order.
(b)  The order of referral may limit the power or duties of an associate judge.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.308. Powers of Associate Judge

Sec. 201.308.  POWERS OF ASSOCIATE JUDGE.  (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 proceedings in a hearing;
(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; and
(14)  take action as necessary and proper for the efficient performance of the associate judge's duties.
(b)  An associate judge may, in the interest of justice, refer a case back to the referring court regardless of whether a timely objection to the associate judge hearing the trial on the merits or presiding at a jury trial has been made by any party.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.309. Referees

Sec. 201.309.  REFEREES.  (a)  An associate judge appointed under this subchapter may serve as a referee as provided by Sections 51.04(g) and 54.10.
(b)  A referee appointed under Section 51.04(g) may be appointed to serve as an associate judge under this subchapter.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.310. Attendance of Bailiff

Sec. 201.310.  ATTENDANCE OF BAILIFF.  A bailiff may attend a hearing by an associate judge if directed by the referring court.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.311. Witness

Sec. 201.311.  WITNESS.  (a)  A witness appearing before an associate judge is subject to the penalties for perjury provided by law.
(b)  A referring court may fine or imprison a witness who:
(1)  failed to appear before an associate judge after being summoned; or
(2)  improperly refused to answer questions if the refusal has been certified to the court by the associate judge.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.312. Court Reporter; Record

Sec. 201.312.  COURT REPORTER; RECORD.  (a)  A court reporter may be provided during a hearing held by an associate judge appointed under this subchapter.  A court reporter is required to be provided when the associate judge presides over a jury trial or a contested final termination hearing.
(b)  A party, the associate judge, or the referring court may provide for a reporter during the hearing if one is not otherwise provided.
(c)  Except as provided by Subsection (a), in the absence of a court reporter or on agreement of the parties, the record may be preserved by any means approved by the associate judge.
(d)  The referring court or associate judge may assess the expense of preserving the record as costs.
(e)  On a request for a de novo hearing, the referring court may consider testimony or other evidence in the record, if the record is taken by a court reporter, in addition to witnesses or other matters presented under Section 201.317.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.313. Report

Sec. 201.313.  REPORT.  (a)  The associate judge's report may contain the associate judge's findings, conclusions, or recommendations and may be in the form of a proposed order.  The associate judge's report must be in writing and in the form directed by the referring court.
(b)  After a hearing, the associate judge shall provide the parties participating in the hearing notice of the substance of the associate judge's report, including any proposed order.
(c)  Notice may be given to the parties:
(1)  in open court, by an oral statement or by providing a copy of the associate judge's written report, including any proposed order;
(2)  by certified mail, return receipt requested; or
(3)  by facsimile.
(d)  A rebuttable presumption exists that notice is received on the date stated on:
(1)  the signed return receipt, if notice was provided by certified mail; or
(2)  the confirmation page produced by the facsimile machine, if notice was provided by facsimile.
(e)  After a hearing conducted by an associate judge, the associate judge shall send the associate judge's signed and dated report, including any proposed order, and all other papers relating to the case to the referring court.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.314. Notice of Right to De Novo Hearing; Waiver

Sec. 201.314.  NOTICE OF RIGHT TO DE NOVO HEARING; WAIVER.  (a)  An associate judge shall give all parties notice of the right to a de novo hearing to the judge of the referring court.
(b)  The notice may be given:
(1)  by oral statement in open court;
(2)  by posting inside or outside the courtroom of the referring court; or
(3)  as otherwise directed by the referring court.
(c)  Before the start of a hearing by an associate judge, a party may waive the right of a de novo hearing before the referring court in writing or on the record.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.315. Order of Court

Sec. 201.315.  ORDER OF COURT.  (a)  Pending a de novo hearing before the referring court, a proposed order or judgment of the associate judge is in full force and effect and is enforceable as an order or judgment of the referring court, except for an order providing for the appointment of a receiver.
(b)  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.
(c)  An order by an associate judge for the temporary detention or incarceration of a witness or party shall be presented to the referring court on the day the witness or party is detained or incarcerated.  The referring court, without prejudice to the right to a de novo hearing provided by Section 201.317, may approve the temporary detention or incarceration or may order the release of the party or witness, with or without bond, pending a de novo hearing.  If the referring court is not immediately available, the associate judge may order the release of the party or witness, with or without bond, pending a de novo hearing or may continue the person's detention or incarceration for not more than 72 hours.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.316. Judicial Action on Associate Judge's Proposed Order or Judgment

Sec. 201.316.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED ORDER OR JUDGMENT.  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 additional evidence; or
(3)  recommit the matter to the associate judge for further proceedings.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.317. De Novo Hearing

Sec. 201.317.  DE NOVO HEARING.  (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 working day after the date the party receives notice of the substance of the associate judge's report as provided by Section 201.313.
(b)  A request for a de novo hearing under this section must specify the issues that will be presented to the referring court. The de novo hearing is limited to the specified issues.
(c)  Notice of a request for a de novo hearing before the referring court shall be given to the opposing attorney in the manner provided by Rule 21a, Texas Rules of Civil Procedure.
(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 working day after the date the initial request was filed.
(e)  The referring court, after notice to the parties, shall hold a de novo hearing not later than the 30th day after the date the initial request for a de novo hearing was filed with the clerk of the referring court.
(f)  In the de novo hearing before the referring court, the parties may present witnesses on the issues specified in the request for hearing.  The referring court may also consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury, if the record was taken by a court reporter.
(g)  The denial of relief to a party after a de novo hearing under this section or a party's waiver of the right to a de novo hearing before the referring court does not affect the right of a party to file a motion for new trial, a motion for judgment notwithstanding the verdict, or other posttrial motions.
(h)  A party may not demand a second jury in a de novo hearing before the referring court if the associate judge's proposed order or judgment resulted from a jury trial.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 916 (H.B. 1366), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.318. Appellate Review

Sec. 201.318.  APPELLATE REVIEW.  (a)  A party's failure to request a de novo hearing before the referring court or a party's waiver of the right to request a de novo hearing before the referring court does not deprive the party of the right to appeal to or request other relief from a court of appeals or the supreme court.
(b)  Except as provided by Subsection (c), the date an order or judgment by the referring court is signed is the controlling date for the purposes of appeal to or request for other relief from a court of appeals or the supreme court.
(c)  The date an agreed order or a default order 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.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.319. Judicial Immunity

Sec. 201.319.  JUDICIAL IMMUNITY.  An associate judge appointed under this subchapter has the judicial immunity of a district judge.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 201 - Associate Judge › Subchapter D. Associate Judge for Juvenile Matters › Section 201.320. Visiting Associate Judge

Sec. 201.320.  VISITING ASSOCIATE JUDGE.  (a)  If an associate judge appointed under this subchapter is temporarily unable to perform the judge's official duties because of absence or illness, injury, or other disability, a judge of a court having jurisdiction of a suit under this title or Title 1 or 4 may appoint a visiting associate judge to perform the duties of the associate judge during the period of the associate judge's absence or disability if the commissioners court of a county in which the court has jurisdiction authorizes the employment of a visiting associate judge.
(b)  To be eligible for appointment under this section, a person must have served as an associate judge for at least two years.
(c)  Sections 201.001 through 201.017 apply to a visiting associate judge appointed under this section.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.03, eff. January 1, 2012.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 202 - Friend of the Court › Section 202.001. Appointment

Sec. 202.001.  APPOINTMENT.  (a)  After an order for child support or possession of or access to a child has been rendered, a court may appoint a friend of the court on:
(1)  the request of a person alleging that the order has been violated;  or
(2)  its own motion.
(b)  A court may appoint a friend of the court in a proceeding under Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.) only if the Title IV-D agency agrees in writing to the appointment.
(c)  The duration of the appointment of a friend of the court is as determined by the court.
(d)  In the appointment of a friend of the court, the court shall give preference to:
(1)  a local domestic relations office;
(2)  a local child support collection office;
(3)  the local court official designated to enforce actions as provided in Chapter 159;  or
(4)  an attorney in good standing with the State Bar of Texas.
(e)  In the execution of a friend of the court's duties under this subchapter, a friend of the court shall represent the court to ensure compliance with the court's order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 202 - Friend of the Court › Section 202.002. Authority and Duties

Sec. 202.002.  AUTHORITY AND DUTIES.  (a)  A friend of the court may coordinate nonjudicial efforts to improve compliance with a court order relating to child support or possession of or access to a child by use of:
(1)  telephone communication;
(2)  written communication;
(3)  one or more volunteer advocates under Chapter 107;
(4)  informal pretrial consultation;
(5)  one or more of the alternate dispute resolution methods under Chapter 154, Civil Practice and Remedies Code;
(6)  a licensed social worker;
(7)  a family mediator;  and
(8)  employment agencies, retraining programs, and any similar resources to ensure that both parents can meet their financial obligations to the child.
(b)  A friend of the court, not later than the 15th day of the month following the reporting month:
(1)  shall report to the court or monitor reports made to the court on:
(A)  the amount of child support collected as a percentage of the amount ordered;  and
(B)  efforts to ensure compliance with orders relating to possession of or access to a child;  and
(2)  may file an action to enforce, clarify, or modify a court order relating to child support or possession of or access to a child.
(c)  A friend of the court may file a notice of delinquency and a request for a writ of income withholding under Chapter 158 in order to enforce a child support order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 81, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 702, Sec. 9, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 892, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 202 - Friend of the Court › Section 202.003. Duty of Local Offices and Officials to Report

Sec. 202.003.  DUTY OF LOCAL OFFICES AND OFFICIALS TO REPORT.  A local domestic relations office, a local registry, or a court official designated to receive child support under a court order shall, if ordered by the court, report to the court or a friend of the court on a monthly basis:
(1)  any delinquency and arrearage in child support payments;  and
(2)  any violation of an order relating to possession of or access to a child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 202 - Friend of the Court › Section 202.004. Access to Information

Sec. 202.004.  ACCESS TO INFORMATION.  A friend of the court may arrange access to child support payment records by electronic means if the records are computerized.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 202 - Friend of the Court › Section 202.005. Compensation

Sec. 202.005.  COMPENSATION.  (a)  A friend of the court is entitled to compensation for services rendered and for expenses incurred in rendering the services.
(b)  The court may assess the amount that the friend of the court receives in compensation against a party to the suit in the same manner as the court awards costs under Chapter 106.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(4), eff. January 1, 2020.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(4), eff. January 1, 2020.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(4), eff. January 1, 2020.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 203 - Domestic Relations Offices › Section 203.001. Definitions

Sec. 203.001.  DEFINITIONS.  In this chapter:
(1)  "Administering entity" means a commissioners court, juvenile board, or other entity responsible for administering a domestic relations office under this chapter.
(2)  "Domestic relations office" means a county office that serves families, county departments, and courts to ensure effective implementation of this title.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 203 - Domestic Relations Offices › Section 203.002. Establishment of Domestic Relations Office

Sec. 203.002.  ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE.  A commissioners court may establish a domestic relations office.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Family Code Sec. 203.003 and amended by Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 203 - Domestic Relations Offices › Section 203.003. Administration

Sec. 203.003.  ADMINISTRATION.  (a)  A domestic relations office shall be administered:
(1)  as provided by the commissioners court;  or
(2)  if the commissioners court does not otherwise provide for the administration of the office, by the juvenile board that serves the county in which the domestic relations office is located.
(b)  The administering entity shall appoint and assign the duties of a director who shall be responsible for the day-to-day administration of the office.  A director serves at the pleasure of the administering entity.
(c)  The administering entity shall determine the amount of money needed to operate the office.
(d)  A commissioners court that establishes a domestic relations office under this chapter may execute a bond for the office.  A bond under this subsection must be:
(1)  executed with a solvent surety company authorized to do business in the state;  and
(2)  conditioned on the faithful performance of the duties of the office.
(e)  The administering entity shall establish procedures for the acceptance and use of a grant or donation to the office.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Family Code Sec. 203.004 and amended by Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 203 - Domestic Relations Offices › Section 203.004. Powers and Duties

Sec. 203.004.  POWERS AND DUTIES.  (a)  A domestic relations office may:
(1)  collect and disburse child support payments that are ordered by a court to be paid through a domestic relations registry;
(2)  maintain records of payments and disbursements made under Subdivision (1);
(3)  file a suit under this title, including a suit to:
(A)  establish paternity; and
(B)  enforce, clarify or modify a court order for child support or for possession of and access to a child;
(4)  provide an informal forum in which alternative dispute resolution is used to resolve disputes under this code;
(5)  prepare a court-ordered child custody evaluation or adoption evaluation under Chapter 107;
(6)  represent a child as an amicus attorney, an attorney ad litem, or a guardian ad litem in a suit in which:
(A)  termination of the parent-child relationship is sought; or
(B)  conservatorship of or access to a child is contested;
(7)  serve as a friend of the court;
(8)  provide predivorce counseling ordered by a court;
(9)  provide community supervision services under Chapter 157;
(10)  provide information to assist a party in understanding, complying with, or enforcing the party's duties and obligations under this code;
(11)  provide, directly or through a contract, visitation services, including supervision of court-ordered visitation, visitation exchange, or other similar services;
(12)  issue an administrative writ of withholding under Subchapter F, Chapter 158; and
(13)  provide parenting coordinator services under Chapter 153.
(b)  A court having jurisdiction in a proceeding under this title, Title 3, or Section 25.05, Penal Code, may order that child support payments be made through a domestic relations office.
(c)  A domestic relations office may:
(1)  hire or contract for the services of attorneys to assist the office in providing services under this chapter;  and
(2)  employ community supervision officers or court monitors.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Family Code Sec. 203.005 and amended by Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 702, Sec. 10, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 859, Sec. 3, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1191, Sec. 1, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 50, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 20, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 199 (H.B. 1182), Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 7, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 3.05, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 53 (S.B. 567), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 203 - Domestic Relations Offices › Section 203.006. Fund

Sec. 203.006.  FUND.  (a)  As determined by the administering entity, fees collected or received by a domestic relations office shall be deposited in:
(1)  the general fund for the county in which the domestic relations office is located;  or
(2)  the office fund established for the domestic relations office.
(b)  The administering entity shall use the domestic relations office fund to provide money for services authorized by this chapter.
(c)  A domestic relations office fund may be supplemented as necessary from the county's general fund or from other money available from the county.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Family Code Sec. 203.010 and amended by Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 702, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 204 - Child Support Collection by Private Entity › Section 204.001. Applicability

Sec. 204.001.  APPLICABILITY.  This chapter applies only to a commissioners court or domestic relations office of a county that did not have the authority to contract with a private entity to receive, disburse, and record payments or restitution of child support on January 1, 1997.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1, 1997.  Redesignated from Human Resources Code Sec. 153.001 and amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 740 (H.B. 2668), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 204 - Child Support Collection by Private Entity › Section 204.002. Authority to Contract

Sec. 204.002.  AUTHORITY TO CONTRACT.  A county, acting through its commissioners court or domestic relations office, may contract with a private entity to:
(1)  enforce, collect, receive, and disburse:
(A)  child support payments;
(B)  other amounts due under a court order containing an order to pay child support;  and
(C)  fees, including fees provided by this chapter;
(2)  maintain appropriate records, including records of child support and other amounts and fees that are due, past due, paid, or delinquent;
(3)  locate absent parents;
(4)  furnish statements to parents accounting for payments that are due, past due, paid, or delinquent;
(5)  send billings and other appropriate notices to parents;
(6)  perform any duty or function that a local registry is authorized to perform;
(7)  perform any duty or function in connection with the state case registry;  or
(8)  provide another child support or visitation enforcement service authorized by the commissioners court, including mediation of disputes related to child support or visitation.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1, 1997.  Redesignated from Human Resources Code Sec. 153.002 and amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1, 1999.