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.
(c) Except as provided by Subsection (b), 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 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 (H.B. 2501), Sec. 9, eff. September 1, 2007.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle C - Judicial Resources and Services
Subchapter B. Associate Judge for Title Iv-D Cases
Section 201.101. Authority of Presiding Judge
Section 201.102. Application of Law Governing Associate Judges
Section 201.1021. Qualifications
Section 201.103. Designation of Host County
Section 201.104. Powers of Associate Judge
Section 201.1041. Judicial Action on Associate Judge's Proposed Order or Judgment
Section 201.1042. De Novo Hearing Before Referring Court
Section 201.105. Compensation of Associate Judge
Section 201.106. Child Support Court Monitor and Other Personnel
Section 201.1065. Duties of Child Support Court Monitor
Section 201.1066. Supervision of Associate Judges
Section 201.107. State and Federal Funds
Section 201.110. Time for Disposition of Title Iv-D Cases
Section 201.112. Limitation on Law Practice by Certain Associate Judges