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, 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 201.015, 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 (H.B. 2501), Sec. 5, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 279 (H.B. 2927), Sec. 2, eff. May 29, 2017.
Acts 2017, 85th Leg., R.S., Ch. 912 (S.B. 1329), Sec. 1.03(b), eff. September 1, 2017.
Notes of Decisions
Cited in
43
cases (
6 in the last 5 years), 1998–2024 · leading case:
In re Lausch, 177 S.W.3d 144 (Tex. App.—Houston [1st Dist.] 2005).
In re Lausch, 177 S.W.3d 144 (Tex. App.—Houston [1st Dist.] 2005).
· cites it 4× “Relator argues that the referring court is restrained from attaching the unsigned order (Exhibit A to the September 10, 2004 order) under Texas Family Code section 201.013(b), which provides in relevant part: “If an appeal to the referring court is not filed or the right to an…”
Kennedy v. Kennedy, 125 S.W.3d 14 (Tex. App.—Austin 2003).
· cites it 2× “See Tex. Fam.Code Ann. § 201.013(c) (West 2002).”
Chacon v. Chacon, 222 S.W.3d 909 (Tex. App.—El Paso 2007).
· cites it 2× “Tex. Fam.Code Ann. § 201.013(b). In section 201.”
Harrell v. Harrell, 986 S.W.2d 629 (Tex. App.—El Paso 1998).
“” The deadline is designed to be enforced by the complainant against the trial court, and not vice versa, simply because with limited exceptions the complainant is statutorily obligated to comply with the order of the associate judge pending the de novo proceeding.”
Phagan v. Aleman, 29 S.W.3d 632 (Tex. App.—Houston [1st Dist.] 2000).
“Tex. Fam.Code Ann. § 201.013(b). In contrast, when no notice of appeal is filed, the recommendation of a child support master becomes the final order by operation of law without ratification by the trial judge.”
In Interest of Hamilton, 975 S.W.2d 758 (Tex. App.—Corpus Christi 1998).
“See Tex. Fam.Code Ann. § 201.013 (Vernon 1996) (decisions of family court master are in effect only during pendency of an appeal).”
In re Attorney Gen. of Texas, 162 S.W.3d 739 (Tex. App.—Houston [14th Dist.] 2005).
“Tex. Fam.Code Ann. § 201.013 (amended September 1, 2003).”
Glenda Gotch v. David Terry Gotch, 416 S.W.3d 633 (Tex. App.—Houston [14th Dist.] 2013).
“See Tex. Fam.Code § 201.013. 6 . The associate judge was correct in part that the account in question was not specifically identified in the Agreed Decree.”
in the Interest of G. S. G., 145 S.W.3d 351 (Tex. App.—Houston [14th Dist.] 2004).
“Tex. Fam.Code Ann. § 201.013(b). In contrast, when no notice of appeal is filed, the recommendation of a child support master becomes the final order of the court by operation of law without ratification by the referring court.”
In re TDST, 287 S.W.3d 268 (Tex. App.—Amarillo 2009).
“Tex. Fam.Code Ann. § 201.013(a). [5] We find persuasive the reasoning and result in Garza v.”
Tex. Fam. Code § 201.013(a): 9 cases
Chacon v. Chacon, 222 S.W.3d 909 (Tex. App.—El Paso 2007).
“Tex. Fam.Code Ann. § 201.013(b). In section 201.”
Harrell v. Harrell, 986 S.W.2d 629 (Tex. App.—El Paso 1998).
“” The deadline is designed to be enforced by the complainant against the trial court, and not vice versa, simply because with limited exceptions the complainant is statutorily obligated to comply with the order of the associate judge pending the de novo proceeding.”
In re TDST, 287 S.W.3d 268 (Tex. App.—Amarillo 2009).
“Tex. Fam.Code Ann. § 201.013(a). [5] We find persuasive the reasoning and result in Garza v.”
Tex. Fam. Code § 201.013(b): 16 cases
In re Lausch, 177 S.W.3d 144 (Tex. App.—Houston [1st Dist.] 2005).
“Relator argues that the referring court is restrained from attaching the unsigned order (Exhibit A to the September 10, 2004 order) under Texas Family Code section 201.013(b), which provides in relevant part: “If an appeal to the referring court is not filed or the right to an…”
Chacon v. Chacon, 222 S.W.3d 909 (Tex. App.—El Paso 2007).
“Tex. Fam.Code Ann. § 201.013(b). In section 201.”
Phagan v. Aleman, 29 S.W.3d 632 (Tex. App.—Houston [1st Dist.] 2000).
“Tex. Fam.Code Ann. § 201.013(b). In contrast, when no notice of appeal is filed, the recommendation of a child support master becomes the final order by operation of law without ratification by the trial judge.”
in the Interest of G. S. G., 145 S.W.3d 351 (Tex. App.—Houston [14th Dist.] 2004).
“Tex. Fam.Code Ann. § 201.013(b). In contrast, when no notice of appeal is filed, the recommendation of a child support master becomes the final order of the court by operation of law without ratification by the referring court.”
Tex. Fam. Code § 201.013(c): 2 cases
Kennedy v. Kennedy, 125 S.W.3d 14 (Tex. App.—Austin 2003).
“See Tex. Fam.Code Ann. § 201.013(c) (West 2002).”
In re Lausch, 177 S.W.3d 144 (Tex. App.—Houston [1st Dist.] 2005).
“Relator argues that the referring court is restrained from attaching the unsigned order (Exhibit A to the September 10, 2004 order) under Texas Family Code section 201.013(b), which provides in relevant part: “If an appeal to the referring court is not filed or the right to an…”
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