CHAPTER 201. ASSOCIATE JUDGE

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-201-associate-judge

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 A. ASSOCIATE JUDGE

Sec. 201.001. APPOINTMENT. (a) A judge of a court having

jurisdiction of a suit under this title or Title 1 or 4 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 authorizes the

employment of an associate judge.

(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

associate judge's appointment.

suit under this title or Title 1 or 4 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 with the unanimous

approval of all the judges under whom the associate judge serves.

(e) This section does not apply to an associate judge appointed

under Subchapter B or C.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 1, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1258, Sec. 2, eff. Sept.

1, 2003.

Sec. 201.002. QUALIFICATIONS. (a) Except as provided by

Subsection (b), to be eligible for appointment as an associate

judge, a person must meet the requirements and qualifications to

serve as a judge of the court or courts for which the associate

judge is appointed.

(b) To be eligible for appointment as an associate judge under

Subchapter B or C, a person must meet the requirements and

qualifications established under those subchapters.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

44, Sec. 1, eff. September 1, 2007.

Sec. 201.003. 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.

available for payment of officers' salaries.

(d) This section does not apply to an associate judge appointed

under Subchapter B or C.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 2, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1258, Sec. 3, eff. Sept.

1, 2003.

Sec. 201.004. TERMINATION OF ASSOCIATE JUDGE. (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.

may be terminated by either of the judges of the courts which the

associate judge serves.

(d) This section does not apply to an associate judge appointed

under Subchapter B or C.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 3, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1258, Sec. 4, eff. Sept.

1, 2003.

Sec. 201.005. CASES THAT MAY BE REFERRED. (a) Except as

provided by this section, a judge of a court may refer to an

associate judge any aspect of a suit over which the court has

jurisdiction under this title or Title 1 or 4 including any

matter ancillary to the suit.

(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.

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) shall apply

whenever 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 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 4, eff.

Sept. 1, 1999.

Sec. 201.006. ORDER OF REFERRAL. (a) In referring a case to an

associate judge, the judge of the referring court shall render:

(1) an individual order of referral; or

(2) a general order of referral specifying the class and type of

cases to be heard by the associate judge.

(b) The order of referral may limit the power or duties of an

associate judge.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 201.007. 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 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 of appeal under Section

201.015, 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;

(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) sign a final order that includes a waiver of the right of

appeal pursuant to Section 201.015.

(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.

and signed by an associate judge constitutes an order of the

referring court.

(d) An answer filed by or on behalf of a party who previously

filed a waiver described in Subsection (a)(14)(D) shall revoke

that waiver.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 5, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 476, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

550, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

839, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1406, Sec. 5, eff. September 1, 2007.

Sec. 201.008. ATTENDANCE OF BAILIFF. A bailiff may attend a

hearing by an associate judge if directed by the referring court.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 201.009. COURT REPORTER; RECORD. (a) A court reporter may

be provided during a hearing held by an associate judge appointed

under this chapter. 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.

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 tax the expense

of preserving the record under Subsection (c) as costs.

(e) On a request for a de novo hearing, the referring court may

consider testimony or other evidence in the record in addition to

witnesses or other matters presented under Section 201.015.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 6, eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

839, Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

839, Sec. 3, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 24, eff. June 19, 2009.

Sec. 201.010. 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 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 201.011. 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 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.

(1) in open court, by an oral statement or a copy of the

associate judge's written report, including any proposed order;

(2) by certified mail, return receipt requested; or

(3) by facsimile transmission.

(d) There is a rebuttable presumption 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 transmission.

(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 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 7, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 464, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 2, eff. September 1, 2007.

Sec. 201.012. NOTICE OF RIGHT TO DE NOVO HEARING BEFORE

REFERRING COURT. (a) Notice of the right to a de novo hearing

before the referring court shall be given to all parties.

(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.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 4, eff. September 1, 2007.

Sec. 201.013. 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) 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.

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 201.015, 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 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 8, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 476, Sec. 2, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 5, eff. September 1, 2007.

Sec. 201.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED

ORDER OR JUDGMENT. (a) 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.

(b) Regardless of whether a party files a written request for a

de novo hearing before the referring court, a proposed order or

judgment rendered by an associate judge in a suit filed by the

Department of Family and Protective Services that meets the

requirements of Section 263.401(d) is considered a final order

for purposes of Section 263.401.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 9, eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 6, eff. September 1, 2007.

Sec. 201.015. DE NOVO HEARING BEFORE REFERRING COURT. (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 seventh working day after the date the party

receives notice of the substance of the associate judge's report

as provided by Section 201.011.

(b) A request for a de novo hearing under this section must

specify the issues that will be presented to the referring court.

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.

(d) Notice of a request for a de novo hearing before the

referring court shall be given to the opposing attorney under

Rule 21a, Texas Rules of Civil Procedure.

(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

seventh working day after the date the initial request was filed.

(f) The referring court, after notice to the parties, shall hold

a de novo hearing not later than the 30th day after the date on

which the initial request for a de novo hearing was filed with

the clerk of the referring court.

(g) Before the start of a hearing by an associate judge, the

parties may waive the right of a de novo hearing before the

referring court in writing or on the record.

(h) 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, motion for judgment

notwithstanding the verdict, or other post-trial motion.

(i) 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 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 10, eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1043, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 7, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 25, eff. June 19, 2009.

Sec. 201.016. 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.

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 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2003, 78th Leg., ch. 476, Sec. 3, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 8, eff. September 1, 2007.

Sec. 201.017. IMMUNITY. An associate judge appointed under this

subchapter has the judicial immunity of a district judge. All

existing immunity granted an associate judge by law, express or

implied, continues in full force and effect.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 201.018. 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.

associate judge appointed under this section.

(d) This section does not apply to an associate judge appointed

under Subchapter B.

Added by Acts 1999, 76th Leg., ch. 1355, Sec. 1, eff. Aug. 30,

1999. Amended by Acts 2001, 77th Leg., ch. 308, Sec. 1, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1258, Sec. 5, eff. Sept.

1, 2003.

SUBCHAPTER B. ASSOCIATE JUDGE FOR TITLE IV-D CASES

Sec. 201.101. AUTHORITY OF PRESIDING JUDGE. (a) The presiding

judge of each administrative judicial region, after conferring

with the judges of courts in the region having jurisdiction of

Title IV-D cases, shall determine which courts require the

appointment of a full-time or part-time associate judge to

complete each Title IV-D case within the time specified in this

subchapter.

(b) The presiding judge may limit the appointment to a specified

time period and may terminate an appointment at any time.

appointed to serve more than one court. Two or more judges of

administrative judicial regions may jointly appoint one or more

associate judges to serve the regions.

(d) If the presiding judge determines that a court requires an

associate judge for Title IV-D cases, the presiding judge shall

appoint an associate judge for that purpose. Except as provided

under Subsection (e), if an associate judge is appointed for a

court under this subchapter, all Title IV-D cases shall be

referred to the associate judge by a general order for each

county issued by the judge of the court for which the associate

judge is appointed, or, in the absence of that order, by a

general order issued by the presiding judge who appointed the

associate judge. Referral of Title IV-D cases may not be made for

individual cases or case by case.

(e) If a county has entered into a contract with the Title IV-D

agency under Section 231.0011, enforcement services may be

directly provided by county personnel as provided under Section

231.0011(d), including judges and associate judges of the courts

of the county.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 7, eff.

Sept. 1, 2003.

Sec. 201.102. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.

Subchapter A applies to an associate judge appointed under this

subchapter, except that, to the extent of any conflict between

this subchapter and Subchapter A, this subchapter prevails.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 41, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1302, Sec. 11, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1258, Sec. 8, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

44, Sec. 2, eff. September 1, 2007.

Sec. 201.1021. QUALIFICATIONS. (a) To be eligible for

appointment under this subchapter, a person must be a citizen of

the United States, have resided in this state for the two years

preceding the date of appointment, and be:

(1) eligible for assignment under Section 74.054, Government

Code, because the person is named on the list of retired and

former judges maintained by the presiding judge of the

administrative region under Section 74.055, Government Code; or

(2) licensed to practice law in this state and have been a

practicing lawyer in this state, or a judge of a court in this

state who is not otherwise eligible under Subdivision (1), for

the four years preceding the date of appointment.

(b) An associate judge appointed under this subchapter shall

during the term of appointment reside in the administrative

judicial region, or a county adjacent to the region, in which the

court to which the associate judge is appointed is located. An

associate judge appointed to serve in two or more administrative

judicial regions may reside anywhere in the regions.

Added by Acts 2007, 80th Leg., R.S., Ch.

44, Sec. 3, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

760, Sec. 1, eff. June 19, 2009.

Sec. 201.103. DESIGNATION OF HOST COUNTY. (a) The presiding

judges of the administrative judicial regions by majority vote

shall determine the host county of an associate judge appointed

under this subchapter.

(b) The host county shall provide an adequate courtroom and

quarters, including furniture, necessary utilities, and telephone

equipment and service, for the associate judge and other

personnel assisting the associate judge.

county.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 8, eff.

Sept. 1, 2003.

Sec. 201.104. POWERS OF ASSOCIATE JUDGE. (a) On the motion of

a party or the associate judge, an associate judge may refer a

complex case back to the judge for final disposition after the

associate judge has recommended temporary support.

(b) An associate judge may render and sign any order that is not

a final order on the merits of the case.

order after a trial on the merits.

(d) Only the referring court may hear and render an order on a

motion for postjudgment relief, including a motion for a new

trial or to vacate, correct, or reform a judgment.

(e) Notwithstanding Subsection (d) and subject to Section

201.1042(g), an associate judge may hear and render an order on:

(1) a suit to modify or clarify an existing child support order;

(2) a motion to enforce a child support order or revoke a

respondent's community supervision and suspension of commitment;

(3) a respondent's compliance with the conditions provided in

the associate judge's report for suspension of the respondent's

commitment; or

(4) a motion for postjudgment relief, including a motion for a

new trial or to vacate, correct, or reform a judgment, if neither

party has requested a de novo hearing before the referring court.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 42, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 46, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1258, Sec. 8, eff. Sept.

1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

806, Sec. 1, eff. September 1, 2009.

Sec. 201.1041. 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, other than a

proposed order or judgment providing for enforcement by contempt

or the immediate incarceration of a party, shall become the order

or judgment of the referring court by operation of law without

ratification by the referring court.

(b) An associate judge's proposed order or judgment providing

for enforcement by contempt or the immediate incarceration of a

party becomes an order of the referring court only if:

(1) the referring court signs an order adopting the associate

judge's proposed order or judgment; and

(2) the order or judgment meets the requirements of Section

157.166.

judgment of the associate judge is in full force and effect and

is enforceable as an order or judgment of the referring court

pending a de novo hearing before the referring court.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 43, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 47, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1258, Sec. 8, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 9, eff. September 1, 2007.

Sec. 201.1042. 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 clerk of the referring court not

later than the seventh working day after the date the associate

judge signs the proposed order or judgment.

hearing on an associate judge's proposed order or judgment

providing for incarceration shall be brought before the referring

court not later than the first working day after the date on

which the respondent files the request for a de novo hearing.

The referring court shall determine whether the respondent should

be released on bond or whether the respondent's appearance in

court at a designated time and place can be otherwise assured.

(d) If the respondent under Subsection (c) is released on bond

or other security, the referring court shall condition the bond

or other security on the respondent's promise to appear in court

for a de novo hearing at a designated date, time, and place, and

the referring court shall give the respondent notice of the

hearing in open court. No other notice to the respondent is

required.

(e) If the respondent under Subsection (c) is released without

posting bond or security, the court shall set a de novo hearing

at a designated date, time, and place and give the respondent

notice of the hearing in open court. No other notice to the

respondent is required.

(f) If the referring court is not satisfied that the

respondent's appearance in court can be assured and the

respondent remains incarcerated, a de novo hearing shall be held

as soon as practicable, but not later than the fifth day after

the date the respondent's request for a de novo hearing before

the referring court was filed, unless the respondent or, if

represented, the respondent's attorney waives the accelerated

hearing.

(g) Until a de novo hearing is held under this section and the

referring court has signed an order or judgment or has ruled on a

timely filed motion for new trial or a motion to vacate, correct,

or reform a judgment, an associate judge may not hold a hearing

on the respondent's compliance with conditions in the associate

judge's proposed order or judgment for suspension of commitment

or on a motion to revoke the respondent's community supervision

and suspension of commitment.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 43, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 48, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1258, Sec. 9, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 10, eff. September 1, 2007.

Sec. 201.105. COMPENSATION OF ASSOCIATE JUDGE. (a) An

associate judge appointed under this subchapter is entitled to a

salary to be determined by a majority vote of the presiding

judges of the administrative judicial regions. The salary may not

exceed 90 percent of the salary paid to a district judge as set

by the General Appropriations Act.

(b) The associate judge's salary shall be paid from county funds

available for payment of officers' salaries or from funds

available from the state and federal government as provided by

this subchapter.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 10, eff.

Sept. 1, 2003.

Sec. 201.106. CHILD SUPPORT COURT MONITOR AND OTHER PERSONNEL.

(a) The presiding judge of an administrative judicial region or

the presiding judges of the administrative judicial regions, by

majority vote, may appoint other personnel, including a child

support court monitor for each associate judge appointed under

this subchapter, as needed to implement and administer the

provisions of this subchapter.

(b) The salaries of the personnel and court monitors shall be

paid from county funds available for payment of officers'

salaries or from funds available from the state and federal

government as provided by this subchapter.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 1072, Sec. 2, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1258, Sec. 10, eff.

Sept. 1, 2003.

Sec. 201.1065. DUTIES OF CHILD SUPPORT COURT MONITOR. (a) A

child support court monitor appointed under this subchapter shall

monitor child support cases in which the obligor is placed on

probation for failure to comply with the requirements of a child

support order.

(b) In monitoring a child support case, a court monitor shall:

(1) conduct an intake assessment of the needs of an obligor

that, if addressed, would enable the obligor to comply with a

child support order;

(2) refer an obligor to employment services offered by the

employment assistance program under Section 302.0035, Labor Code,

if appropriate;

(3) provide mediation services or referrals to services, if

appropriate;

(4) schedule periodic contacts with an obligor to assess

compliance with the child support order and whether additional

support services are required;

(5) monitor the amount and timeliness of child support payments

owed and paid by an obligor; and

(6) if appropriate, recommend that the court:

(A) discharge an obligor from or modify the terms of the

obligor's community supervision; or

(B) revoke an obligor's community supervision.

Added by Acts 1999, 76th Leg., ch. 1072, Sec. 3, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 10, eff.

Sept. 1, 2003.

Sec. 201.1066. SUPERVISION OF ASSOCIATE JUDGES. The office of

court administration shall assist the presiding judges in:

(1) monitoring the associate judges' compliance with job

performance standards 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

(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.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 44, eff. Sept. 1,

1999. Renumbered from Family Code Sec. 201.1065 by Acts 2001,

77th Leg., ch. 1420, Sec. 21.001(31), eff. Sept. 1, 2001. Amended

by Acts 2003, 78th Leg., ch. 1258, Sec. 10, eff. Sept. 1, 2003.

Sec. 201.107. STATE AND FEDERAL FUNDS. (a) The office of court

administration may contract with the Title IV-D agency for

available state and federal funds under Title IV-D and may employ

personnel needed to implement and administer this subchapter. An

associate judge, a court monitor for each associate judge, and

other personnel appointed under this subchapter 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 with the Title IV-D

agency for available federal funds under Title IV-D to reimburse

costs and salaries associated with associate judges, court

monitors, and personnel appointed under this subchapter and may

also use available state funds and public or private grants.

are authorized to take any action necessary to maximize the

amount of federal funds available under the Title IV-D program.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 45, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1072, Sec. 4, eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 1258, Sec. 11, eff. Sept. 1,

2003.

Sec. 201.110. TIME FOR DISPOSITION OF TITLE IV-D CASES. (a)

Title IV-D cases must be completed from the time of successful

service to the time of disposition within the following time:

(1) 75 percent within six months; and

(2) 90 percent within one year.

(b) Title IV-D cases shall be given priority over other cases.

cases that are filed or heard in the courts.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 12, eff.

Sept. 1, 2003.

Sec. 201.111. TIME TO ACT ON ASSOCIATE JUDGE'S PROPOSED ORDER OR

JUDGMENT THAT INCLUDES RECOMMENDED FINDING OF CONTEMPT. (a) Not

later than the 10th day after the date an associate judge's

proposed order or judgment recommending a finding of contempt is

signed, the referring court shall:

(1) adopt, modify, or reject the proposed order or judgment;

(2) hear further evidence; or

(3) recommit the matter for further proceedings.

(b) The time limit in Subsection (a) does not apply if a party

has filed a written request for a de novo hearing before the

referring court.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 80, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 46, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1258, Sec. 13, 14, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1235, Sec. 11, eff. September 1, 2007.

Sec. 201.112. LIMITATION ON LAW PRACTICE BY CERTAIN ASSOCIATE

JUDGES. A full-time associate judge appointed under this

subchapter may not engage in the private practice of law.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 47, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 15, eff.

Sept. 1, 2003.

Sec. 201.113. VISITING ASSOCIATE JUDGE. (a) If an associate

judge appointed under this subchapter is temporarily unable to

perform the associate judge's official duties because of absence

resulting from family circumstances, illness, injury, disability,

or military service, or if there is a vacancy in the position of

associate judge, the presiding judge of the administrative

judicial region in which the associate judge serves or the

vacancy occurs may appoint a visiting associate judge for Title

IV-D cases to perform the duties of the associate judge during

the period the associate judge is unable to perform the associate

judge's duties or until another associate judge is appointed to

fill the vacancy.

(b) A person is not eligible for appointment 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 appointment.

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 appointed 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.

(d) Section 2252.901, Government Code, does not apply to the

appointment of a visiting associate judge under this section.

Added by Acts 2001, 77th Leg., ch. 1023, Sec. 49, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 15, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

343, Sec. 1, eff. June 17, 2005.

Acts 2009, 81st Leg., R.S., Ch.

760, Sec. 2, eff. June 19, 2009.

SUBCHAPTER C. ASSOCIATE JUDGE FOR CHILD PROTECTION CASES

Sec. 201.201. AUTHORITY OF PRESIDING JUDGE. (a) The presiding

judge of each administrative judicial region, after conferring

with the judges of courts in the region having family law

jurisdiction and a child protection caseload, shall determine

which courts require the appointment of a full-time or part-time

associate judge to complete each case within the times specified

in Chapters 262 and 263.

(b) The presiding judge may limit the appointment to a specified

period and may terminate an appointment at any time.

appointed to serve more than one court. Two or more judges of

administrative judicial regions may jointly appoint one or more

associate judges to serve the regions.

(d) If the presiding judge determines that a court requires an

associate judge, the presiding judge shall appoint an associate

judge. If an associate judge is appointed for a court, all child

protection cases shall be referred to the associate judge by a

general order for each county issued by the judge of the court

for which the associate judge is appointed or, in the absence of

that order, by a general order issued by the presiding judge who

appointed the associate judge.

(e) This section does not limit the jurisdiction of a court to

issue orders under Chapter 262 or 263.

Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 17, eff.

Sept. 1, 2003.

Sec. 201.202. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.

Except as provided by this subchapter, Subchapter A applies to an

associate judge appointed under this subchapter.

Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

44, Sec. 4, eff. September 1, 2007.

Sec. 201.2021. QUALIFICATIONS. (a) To be eligible for

appointment under this subchapter, a person must be a citizen of

the United States, have resided in this state for the two years

preceding the date of appointment, and be:

(1) eligible for assignment under Section 74.054, Government

Code, because the person is named on the list of retired and

former judges maintained by the presiding judge of the

administrative region under Section 74.055, Government Code; or

(2) licensed to practice law in this state and have been a

practicing lawyer in this state, or a judge of a court in this

state who is not otherwise eligible under Subdivision (1), for

the four years preceding the date of appointment.

(b) An associate judge appointed under this subchapter shall

during the term of appointment reside in the administrative

judicial region, or a county adjacent to the region, in which the

court to which the associate judge is appointed is located. An

associate judge appointed to serve in two or more administrative

judicial regions may reside anywhere in the regions.

Added by Acts 2007, 80th Leg., R.S., Ch.

44, Sec. 5, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

760, Sec. 3, eff. June 19, 2009.

Sec. 201.203. DESIGNATION OF HOST COUNTY. (a) Subject to the

approval of the commissioners court of the proposed host county,

the presiding judges of the administrative judicial regions by

majority vote shall determine the host county of an associate

judge appointed under this subchapter.

(b) The host county shall provide an adequate courtroom and

quarters, including furniture, necessary utilities, and telephone

equipment and service, for the associate judge and other

personnel assisting the associate judge.

county.

Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1,

1999.

Sec. 201.204. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On the

motion of a party or the associate judge, an associate judge may

refer a complex case back to the referring court for final

disposition after recommending temporary orders for the

protection of a child.

(b) An associate judge may render and sign any pretrial order.

order after a trial on the merits.

Added by Acts 1999, 76th Leg., ch. 1302, Sec. 12, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 18, eff.

Sept. 1, 2003.

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, Sec. 12, eff. September 1, 2007.

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, Sec. 13, eff. September 1, 2007.

Sec. 201.205. COMPENSATION OF ASSOCIATE JUDGE. (a) An

associate judge appointed under this subchapter is entitled to a

salary as determined by a majority vote of the presiding judges

of the administrative judicial regions. The salary may not exceed

90 percent of the salary paid to a district judge as set by the

state General Appropriations Act.

(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.

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.

Sec. 201.2061. SUPERVISION OF ASSOCIATE JUDGES. 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

(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.

Added by Acts 2003, 78th Leg., ch. 1258, Sec. 22, eff. Sept. 1,

2003.

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.

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.

Sec. 201.208. ASSIGNMENT OF JUDGES AND APPOINTMENT OF 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) If an associate judge appointed under this subchapter is

temporarily unable to perform the associate judge's official

duties because of absence resulting from family circumstances,

illness, injury, disability, or military service, or if there is

a vacancy in the position of associate judge, the presiding judge

of the administrative judicial region in which the associate

judge serves or the vacancy occurs may appoint a visiting

associate judge to perform the duties of the associate judge

during the period the associate judge is unable to perform the

associate judge's duties or until another associate judge is

appointed to fill the vacancy.

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 appointment.

(d) A visiting associate judge appointed 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 appointed 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.

(e) Section 2252.901, Government Code, does not apply to the

appointment 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, Sec. 2, eff. June 17, 2005.

Acts 2009, 81st Leg., R.S., Ch.

760, Sec. 4, eff. June 19, 2009.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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