Texas Family Code - Section 201.1042. Appeal To Referring Court

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§ 201.1042. APPEAL TO REFERRING COURT.  (a) Except as 
provided by this section, Section 201.015 applies to an appeal of 
the associate judge's recommendations.
	(b)  The party appealing an associate judge's recommendation 
shall file notice with the referring court and the clerk of the 
court.
	(c)  A respondent who timely files an appeal of an associate 
judge's report recommending incarceration after a finding of 
contempt shall be brought before the referring court not later than 
the first working day after the date on which the respondent files 
the appeal.  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 hearing on the appeal 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 hearing on 
the appeal 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 hearing on the appeal shall be held as soon 
as practicable, but not later than the fifth day after the date the 
respondent's notice of appeal was filed, unless the respondent and, 
if represented, the respondent's attorney waive the accelerated 
hearing.
	(g)  Until a hearing is held on a timely filed appeal under 
this section or the referring court has rendered an order 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 
report 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, § 43, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 1023, § 48, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 1258, § 9, eff. Sept. 1, 2003.

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Last modified: August 10, 2007