85R1602 YDB-D
By: Wu H.B. No. 688
A BILL TO BE ENTITLED
AN ACT
relating to the filing of a court reporter's record in an appeal of
a final order in certain suits affecting the parent-child
relationship.
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 Section 263.4056 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 SECTION 263.4056, FAMILY CODE, AND THE PROCEDURES FOR
ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF
APPELLATE PROCEDURE. FAILURE TO FOLLOW SECTION 263.4056, 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 263.4056 to read as follows:
Sec. 263.4056. DEADLINE FOR FILING COURT REPORTER'S RECORD
IN APPELLATE COURT. (a) In an appeal of a final order rendered
under this subchapter, the court reporter for the court that
rendered the order shall prepare and submit the reporter's record
of the trial to the appellate court not later than the 20th day
after the date the notice of appeal is filed with the court.
(b) On a showing of good cause, the appellate court may
extend the deadline for submitting the reporter's record. If the
court grants an extension under this subsection, the reporter's
record must be filed with the appellate court not later than the
40th day after the date the notice of appeal is filed with the
court.
(c) To the extent that this section conflicts with 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not be modified or repealed by a rule adopted by the supreme court.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) Section 263.405(b), Family Code, as amended
by this Act, applies only to a final order rendered on or after the
effective date of this Act. An 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 263.4056, Family Code, as added by this Act,
applies 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 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.