Texas House Bill HB3692

Texas 2021 - 87th Regular

Caption

Relating to preparation of an appellate record in civil and criminal appeals.

Impact

By adopting this bill, Texas law will formalize the process of submitting an appendix as part of the appeal, which could lead to more efficiency in handling civil and criminal appeals. Proponents argue that this method simplifies the recording process, potentially expediting court proceedings. Moreover, with the removal of the requirement for clerks to prepare records, resources within the court system could be reallocated, enhancing overall efficiency. This legislative change will only apply to appeals filed on or after January 1, 2022, preserving previous procedural rules for cases noticed before that date.

Summary

House Bill 3692 introduces significant changes to the preparation of appellate records in civil and criminal cases in Texas. Specifically, the bill allows parties to file an appendix in lieu of the traditional clerk's record when appealing a decision. This appendix must include a file-stamped copy of necessary documents alongside the appellant brief. The intent behind this amendment is to streamline the appeal process and reduce the burden on court clerks who would typically be responsible for preparing records. The bill sets timelines for filing notices of appeal and outlines the content expected in the appendix, thereby clarifying procedures for appellate courts.

Contention

Despite its intended benefits, the bill could face opposition concerning its implications for the thoroughness of appellate records. Critics may argue that relying on an appendix in place of a comprehensive clerk's record could hinder the thorough review of cases, as not all relevant information may be included by the parties. This concern touches on broader issues about access to justice and ensuring that all relevant details are considered by appellate courts. Additionally, there may be debates on the implications for defendants in criminal cases, stressing the need for thorough documentation to uphold due process.