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 to a de novo hearing before the referring court under Section 201.015 and subject to Subsection (c), 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;
(C) a temporary order; or
(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) render and sign a final order if the parties waive the right to a de novo hearing before the referring court under Section 201.015 in writing before the start of a hearing conducted by the associate judge.
(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.
(c) A final order described by Subsection (a)(14) becomes final after the expiration of the period described by Section 201.015(a) if a party does not request a de novo hearing in accordance with that section. An order described by Subsection (a)(14) or (16) that is rendered 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.
(e) An order signed before May 1, 2017, by an associate judge under Subsection (a)(16) is a final order rendered as of the date the order was signed.
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 (H.B. 1179), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 839 (H.B. 930), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 5, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 279 (H.B. 2927), Sec. 1, eff. May 29, 2017.
Acts 2017, 85th Leg., R.S., Ch. 912 (S.B. 1329), Sec. 1.03(a), eff. September 1, 2017.
Notes of Decisions
Cited in
63
cases (
14 in the last 5 years), 1998–2026 · leading case:
Hernandez v. Lopez, 288 S.W.3d 180 (Tex. App. 2009).
Hernandez v. Lopez, 288 S.W.3d 180 (Tex. App. 2009).
· cites it 16× “Laws 1742 , 1742 (amended 2007) (current version at Tex. Fam Code Ann. § 201.007 (a)(14), (c) (Vernon 2008)) (emphasis added).”
In Re Lausch, 177 S.W.3d 144 (Tex. App. 2005).
· cites it 4× “007, predecessor statute to current Texas Family Code section 201.007, setting out the powers of an associate judge, an associate judge does not have the power to render judgment).”
Robles v. Robles, 965 S.W.2d 605 (Tex. App. 1998).
· cites it 2× “Laws 113, 282 (current version at TEX.FAM.CODE ANN. § 201.007, 201.013(b) (Vernon 1996)).”
Ryan Lee Graham v. Kelly Michelle Graham, 414 S.W.3d 800 (Tex. App. 2013).
· cites it 2× “See Tex. Fam.Code Ann. § 201.007(a)(14) (listing orders that associate judges may render and sign); Chacon v.”
Chacon v. Chacon, 222 S.W.3d 909 (Tex. App. 2007).
“See Tex. Fam.Code Ann. § 201.007. Perhaps most significantly, section 201.”
in the Interest of A.J.L. & E.M.L., 108 S.W.3d 414 (Tex. App. 2003).
· cites it 3× “Tex. Fam.Code Ann. § 201.007(a)(1), (9). As a question of law, the issue of Smale’s standing to pursue modification of the Lunsford Custody Order was therefore within the associate judge’s power to hear and rule upon.”
In Re A.G.D.M., 533 S.W.3d 546 (Tex. App. 2017).
“See Tex. Fam. Code Ann. § 201.007 (West, Supp.”
In Re Attorney Gen. of Texas, 162 S.W.3d 739 (Tex. App. 2005).
“Tex. Fam.Code Ann. § 201.007(a) (amended September 1, 2003 to allow an associate judge limited powers to render final judgments).”
In the Interest of P.j.p.r, a Child, 508 S.W.3d 588 (Tex. App. 2016).
“Another exception might arise under Tex.Fam.Code Ann. § 201.007(c) (West 2014) which provides that an “order described by Subsection (a)(14)” constitutes an order of the referring court once it is signed by the associate judge.”
In the Interest of I.L.S., 339 S.W.3d 156 (Tex. App. 2011).
· cites it 2× “See Tex. Fam.Code Ann. § 201.007(a)(14)(B) (West 2008) (allowing an associate judge to render and sign a final default order).”
— Tex. Fam. Code § 201.007(14) — 1 case
— Tex. Fam. Code § 201.007(a) — 6 cases
In Re Attorney Gen. of Texas, 162 S.W.3d 739 (Tex. App. 2005).
“Tex. Fam.Code Ann. § 201.007(a) (amended September 1, 2003 to allow an associate judge limited powers to render final judgments).”
— Tex. Fam. Code § 201.007(a)(1) — 6 cases
Hernandez v. Lopez, 288 S.W.3d 180 (Tex. App. 2009).
“Laws 1742 , 1742 (amended 2007) (current version at Tex. Fam Code Ann. § 201.007 (a)(14), (c) (Vernon 2008)) (emphasis added).”
in the Interest of A.J.L. & E.M.L., 108 S.W.3d 414 (Tex. App. 2003).
“Tex. Fam.Code Ann. § 201.007(a)(1), (9). As a question of law, the issue of Smale’s standing to pursue modification of the Lunsford Custody Order was therefore within the associate judge’s power to hear and rule upon.”
— Tex. Fam. Code § 201.007(a)(10) — 5 cases
Hernandez v. Lopez, 288 S.W.3d 180 (Tex. App. 2009).
“Laws 1742 , 1742 (amended 2007) (current version at Tex. Fam Code Ann. § 201.007 (a)(14), (c) (Vernon 2008)) (emphasis added).”
In Re Lausch, 177 S.W.3d 144 (Tex. App. 2005).
“007, predecessor statute to current Texas Family Code section 201.007, setting out the powers of an associate judge, an associate judge does not have the power to render judgment).”
— Tex. Fam. Code § 201.007(a)(13) — 3 cases
— Tex. Fam. Code § 201.007(a)(14) — 11 cases
Hernandez v. Lopez, 288 S.W.3d 180 (Tex. App. 2009).
“Laws 1742 , 1742 (amended 2007) (current version at Tex. Fam Code Ann. § 201.007 (a)(14), (c) (Vernon 2008)) (emphasis added).”
— Tex. Fam. Code § 201.007(a)(14)(A) — 3 cases
Hernandez v. Lopez, 288 S.W.3d 180 (Tex. App. 2009).
“Laws 1742 , 1742 (amended 2007) (current version at Tex. Fam Code Ann. § 201.007 (a)(14), (c) (Vernon 2008)) (emphasis added).”
— Tex. Fam. Code § 201.007(a)(14)(B) — 4 cases
In the Interest of I.L.S., 339 S.W.3d 156 (Tex. App. 2011).
“See Tex. Fam.Code Ann. § 201.007(a)(14)(B) (West 2008) (allowing an associate judge to render and sign a final default order).”
In Re Bm, 228 S.W.3d 462 (Tex. App. 2007).
— Tex. Fam. Code § 201.007(a)(14)(C) — 2 cases
— Tex. Fam. Code § 201.007(a)(16) — 5 cases
— Tex. Fam. Code § 201.007(a)(8) — 3 cases
In Re Lausch, 177 S.W.3d 144 (Tex. App. 2005).
“007, predecessor statute to current Texas Family Code section 201.007, setting out the powers of an associate judge, an associate judge does not have the power to render judgment).”
in the Interest of A.J.L. & E.M.L., 108 S.W.3d 414 (Tex. App. 2003).
“Tex. Fam.Code Ann. § 201.007(a)(1), (9). As a question of law, the issue of Smale’s standing to pursue modification of the Lunsford Custody Order was therefore within the associate judge’s power to hear and rule upon.”
— Tex. Fam. Code § 201.007(c) — 5 cases
In the Interest of P.j.p.r, a Child, 508 S.W.3d 588 (Tex. App. 2016).
“Another exception might arise under Tex.Fam.Code Ann. § 201.007(c) (West 2014) which provides that an “order described by Subsection (a)(14)” constitutes an order of the referring court once it is signed by the associate judge.”
In the Interest of I.L.S., 339 S.W.3d 156 (Tex. App. 2011).
“See Tex. Fam.Code Ann. § 201.007(a)(14)(B) (West 2008) (allowing an associate judge to render and sign a final default order).”
— Tex. Fam. Code § 201.007(e) — 2 cases
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