1 | 1 | | 85R1602 YDB-D |
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2 | 2 | | By: Wu H.B. No. 688 |
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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 the filing of a court reporter's record in an appeal of |
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8 | 8 | | a final order in certain suits affecting the parent-child |
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9 | 9 | | relationship. |
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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 Section 263.4056 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 SECTION 263.4056, 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 SECTION 263.4056, FAMILY |
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26 | 26 | | CODE, AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR ACCELERATED |
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27 | 27 | | 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 263.4056 to read as follows: |
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30 | 30 | | Sec. 263.4056. DEADLINE FOR FILING COURT REPORTER'S RECORD |
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31 | 31 | | IN APPELLATE COURT. (a) In an appeal of a final order rendered |
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32 | 32 | | under this subchapter, the court reporter for the court that |
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33 | 33 | | rendered the order shall prepare and submit the reporter's record |
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34 | 34 | | of the trial to the appellate court not later than the 20th day |
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35 | 35 | | after the date the notice of appeal is filed with the court. |
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36 | 36 | | (b) On a showing of good cause, the appellate court may |
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37 | 37 | | extend the deadline for submitting the reporter's record. If the |
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38 | 38 | | court grants an extension under this subsection, the reporter's |
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39 | 39 | | record must be filed with the appellate court not later than the |
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40 | 40 | | 40th day after the date the notice of appeal is filed with the |
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41 | 41 | | court. |
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42 | 42 | | (c) To the extent that this section conflicts with the Texas |
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43 | 43 | | Rules of Appellate Procedure, this section controls. |
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44 | 44 | | Notwithstanding Section 22.004, Government Code, this section may |
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45 | 45 | | not be modified or repealed by a rule adopted by the supreme court. |
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46 | 46 | | SECTION 3. (a) Section 263.405(b), Family Code, as amended |
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47 | 47 | | by this Act, applies only to a final order rendered on or after the |
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48 | 48 | | effective date of this Act. An order rendered before that date is |
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49 | 49 | | governed by the law in effect immediately before the effective date |
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50 | 50 | | of this Act, and that law is continued in effect for that purpose. |
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51 | 51 | | (b) Section 263.4056, Family Code, as added by this Act, |
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52 | 52 | | applies only to an appeal of a final order rendered on or after the |
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53 | 53 | | effective date of this Act. An appeal of a final order rendered |
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54 | 54 | | before the effective date of this Act is governed by the law in |
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55 | 55 | | effect immediately before the effective date of this Act, and that |
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56 | 56 | | law is continued in effect for that purpose. |
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57 | 57 | | SECTION 4. This Act takes effect September 1, 2017. |
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