85R1601 YDB-D
By: Wu H.B. No. 687
A BILL TO BE ENTITLED
AN ACT
relating to a motion for a new trial following a final order in
certain suits affecting the parent-child relationship and filing an
appeal after those motions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 263.405(a) and (b), Family Code, are
amended to read as follows:
(a) An appeal of a final order rendered under this
subchapter is governed by this subchapter and the procedures for
accelerated appeals in civil cases under the Texas Rules of
Appellate Procedure. The appellate court shall render its final
order or judgment with the least possible delay.
(b) A final order rendered under this subchapter must
contain the following prominently displayed statement in boldfaced
type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS
ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT IN WHICH
TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED
BY SUBCHAPTER E, CHAPTER 263, FAMILY CODE, AND THE PROCEDURES FOR
ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF
APPELLATE PROCEDURE. FAILURE TO FOLLOW SUBCHAPTER E, CHAPTER 263,
FAMILY CODE, AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR
ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL."
SECTION 2. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4055 to read as follows:
Sec. 263.4055. MOTION FOR NEW TRIAL ON FINAL ORDER; TIME FOR
FILING AN APPEAL. (a) A motion for a new trial following a final
order rendered under this subchapter must be filed not later than
the fifth day after the date the final order is rendered.
(b) The court shall hold a hearing on the motion for a new
trial not later than the 14th day after the date the motion is
filed.
(c) If a motion for a new trial is filed, an appeal of a
final order under Section 263.405 must be filed not later than the
20th day after the date the court rules on the motion for a new
trial.
(d) To the extent that this section conflicts with the Texas
Rules of Civil Procedure or the Texas Rules of Appellate Procedure,
this section controls. Notwithstanding Section 22.004, Government
Code, this section may not be modified or repealed by a rule adopted
by the supreme court.
SECTION 3. (a) Sections 263.405(a) and (b), Family Code,
as amended by this Act, apply only to an appeal of a final order
rendered on or after the effective date of this Act. An appeal of a
final order rendered before that date is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
(b) Section 263.4055, Family Code, as added by this Act,
applies only to a motion for a new trial following a final order
rendered on or after the effective date of this Act. A motion for a
new trial following a final order rendered before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2017.