Texas 2021 - 87th Regular

Texas House Bill HB3692 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5507 BRG-D
2	2	By: Johnson of Dallas H.B. No. 3692
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to preparation of an appellate record in civil and
8	8	criminal appeals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 51, Civil Practice and
11	11	Remedies Code, is amended by adding Section 51.018 to read as
12	12	follows:
13	13	Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not
14	14	later than the 10th day after the date that a party files a notice of
15	15	appeal for a civil suit, the party may notify the court of appeals
16	16	that the party will file an appendix that replaces the clerk's
17	17	record for the appeal.
18	18	(b) The party must file the appendix with the party's
19	19	appellant brief. Except in an expedited proceeding or by order of
20	20	the court, the brief and appendix must be filed not later than the
21	21	30th day after the later of:
22	22	(1) the date that the party provided notice under
23	23	Subsection (a); or
24	24	(2) the date that a reporter's record, if any, is filed
25	25	with the court of appeals.
26	26	(c) An appendix filed under this section must contain a
27	27	file-stamped copy of each document required by Rule 34.5, Texas
28	28	Rules of Appellate Procedure, for a civil suit and any other item
29	29	the party intends to reference in the party's brief. The appendix
30	30	may not contain a document that has not been filed with the trial
31	31	court except by agreement of the parties to the appeal.
32	32	(d) An appendix filed in accordance with this section
33	33	becomes part of the appellate record. A court clerk may not prepare
34	34	or file a clerk's record or assess a fee for preparing a clerk's
35	35	record if a party files an appendix in accordance with this section.
36	36	SECTION 2. Chapter 44, Code of Criminal Procedure, is
37	37	amended by adding Article 44.03 to read as follows:
38	38	Art. 44.03. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not
39	39	later than the 10th day after the date that the state or the
40	40	defendant files a notice of appeal for a criminal case, the
41	41	appellant may notify the court of appeals that the appellant will
42	42	file an appendix that replaces the clerk's record for the appeal.
43	43	(b) The appellant must file the appendix with the appellant
44	44	brief. Except in an expedited proceeding or by order of the court,
45	45	the brief and appendix must be filed not later than the 30th day
46	46	after the earlier of:
47	47	(1) the date that the court clerk would have been
48	48	required to file the clerk's record with the court of appeals; or
49	49	(2) the date that a reporter's record, if any, is filed
50	50	with the court of appeals.
51	51	(c) An appendix filed under this section must contain a
52	52	file-stamped copy of each document required by Rule 34.5, Texas
53	53	Rules of Appellate Procedure, for a criminal case and any other item
54	54	the appellant intends to reference in the appellant's brief. The
55	55	appendix may not contain a document that has not been filed with the
56	56	trial court except by agreement of the state and the defendant.
57	57	(d) An appendix filed in accordance with this section
58	58	becomes part of the appellate record. A court clerk may not prepare
59	59	or file a clerk's record or assess a fee for preparing a clerk's
60	60	record if the appellant files an appendix in accordance with this
61	61	section.
62	62	SECTION 3. Section 51.018, Civil Practice and Remedies
63	63	Code, and Article 44.03, Code of Criminal Procedure, as added by
64	64	this Act, apply only to a party that files a notice of appeal on or
65	65	after January 1, 2022. A party that files a notice of appeal before
66	66	January 1, 2022, is governed by the law in effect on the date the
67	67	notice was given, and the former law is continued in effect for that
68	68	purpose.
69	69	SECTION 4. This Act takes effect September 1, 2021.