| 1 | 1 | | 85R1601 YDB-D |
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| 2 | 2 | | By: Wu H.B. No. 687 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a motion for a new trial following a final order in |
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| 8 | 8 | | certain suits affecting the parent-child relationship and filing an |
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| 9 | 9 | | appeal after those motions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 263.405(a) and (b), Family Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) An appeal of a final order rendered under this |
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| 14 | 14 | | subchapter is governed by this subchapter and the procedures for |
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| 15 | 15 | | accelerated appeals in civil cases under the Texas Rules of |
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| 16 | 16 | | Appellate Procedure. The appellate court shall render its final |
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| 17 | 17 | | order or judgment with the least possible delay. |
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| 18 | 18 | | (b) A final order rendered under this subchapter must |
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| 19 | 19 | | contain the following prominently displayed statement in boldfaced |
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| 20 | 20 | | type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS |
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| 21 | 21 | | ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT IN WHICH |
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| 22 | 22 | | TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED |
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| 23 | 23 | | BY SUBCHAPTER E, CHAPTER 263, FAMILY CODE, AND THE PROCEDURES FOR |
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| 24 | 24 | | ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF |
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| 25 | 25 | | APPELLATE PROCEDURE. FAILURE TO FOLLOW SUBCHAPTER E, CHAPTER 263, |
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| 26 | 26 | | FAMILY CODE, AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR |
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| 27 | 27 | | ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL." |
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| 28 | 28 | | SECTION 2. Subchapter E, Chapter 263, Family Code, is |
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| 29 | 29 | | amended by adding Section 263.4055 to read as follows: |
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| 30 | 30 | | Sec. 263.4055. MOTION FOR NEW TRIAL ON FINAL ORDER; TIME FOR |
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| 31 | 31 | | FILING AN APPEAL. (a) A motion for a new trial following a final |
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| 32 | 32 | | order rendered under this subchapter must be filed not later than |
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| 33 | 33 | | the fifth day after the date the final order is rendered. |
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| 34 | 34 | | (b) The court shall hold a hearing on the motion for a new |
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| 35 | 35 | | trial not later than the 14th day after the date the motion is |
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| 36 | 36 | | filed. |
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| 37 | 37 | | (c) If a motion for a new trial is filed, an appeal of a |
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| 38 | 38 | | final order under Section 263.405 must be filed not later than the |
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| 39 | 39 | | 20th day after the date the court rules on the motion for a new |
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| 40 | 40 | | trial. |
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| 41 | 41 | | (d) To the extent that this section conflicts with the Texas |
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| 42 | 42 | | Rules of Civil Procedure or the Texas Rules of Appellate Procedure, |
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| 43 | 43 | | this section controls. Notwithstanding Section 22.004, Government |
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| 44 | 44 | | Code, this section may not be modified or repealed by a rule adopted |
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| 45 | 45 | | by the supreme court. |
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| 46 | 46 | | SECTION 3. (a) Sections 263.405(a) and (b), Family Code, |
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| 47 | 47 | | as amended by this Act, apply only to an appeal of a final order |
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| 48 | 48 | | rendered on or after the effective date of this Act. An appeal of a |
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| 49 | 49 | | final order rendered before that date is governed by the law in |
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| 50 | 50 | | effect immediately before the effective date of this Act, and that |
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| 51 | 51 | | law is continued in effect for that purpose. |
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| 52 | 52 | | (b) Section 263.4055, Family Code, as added by this Act, |
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| 53 | 53 | | applies only to a motion for a new trial following a final order |
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| 54 | 54 | | rendered on or after the effective date of this Act. A motion for a |
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| 55 | 55 | | new trial following a final order rendered before the effective |
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| 56 | 56 | | date of this Act is governed by the law in effect immediately before |
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| 57 | 57 | | the effective date of this Act, and that law is continued in effect |
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| 58 | 58 | | for that purpose. |
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| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2017. |
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