H.B. No. 1688
AN ACT
relating to the rules governing a motion for new trial in juvenile
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.17(a), Family Code, is amended to
read as follows:
(a) Except as provided by Section 56.01(b-1) and except for
the burden of proof to be borne by the state in adjudicating a child
to be delinquent or in need of supervision under Section 54.03(f) or
otherwise when in conflict with a provision of this title, the Texas
Rules of Civil Procedure govern proceedings under this title.
SECTION 2. Section 56.01, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) Except as provided by Subsection (b-1), an [An] appeal
from an order of a juvenile court is to a court of appeals and the
case may be carried to the Texas Supreme Court by writ of error or
upon certificate, as in civil cases generally.
(b) The requirements governing an appeal are as in civil
cases generally. When an appeal is sought by filing a notice of
appeal, security for costs of appeal, or an affidavit of inability
to pay the costs of appeal, and the filing is made in a timely
fashion after the date the disposition order is signed, the appeal
must include the juvenile court adjudication and all rulings
contributing to that adjudication. An appeal of the adjudication
may be sought notwithstanding that the adjudication order was
signed more than 30 days before the date the notice of appeal,
security for costs of appeal, or affidavit of inability to pay the
costs of appeal was filed.
(b-1) A motion for new trial seeking to vacate an
adjudication is:
(1) timely if the motion is filed not later than the
30th day after the date on which the disposition order is signed;
and
(2) governed by Rule 21, Texas Rules of Appellate
Procedure.
SECTION 3. Section 56.01, Family Code, as amended by this
Act, applies to a motion for a new trial filed after a disposition
order that is signed on or after the effective date of this Act. A
motion for a new trial filed after a disposition order that is
signed before the effective date of this Act is covered by the law
in effect on the date that the disposition order was signed, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1688 was passed by the House on April
22, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1688 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor