88R763 BRG-D
By: Johnson of Dallas H.B. No. 2431
A BILL TO BE ENTITLED
AN ACT
relating to preparation of an appellate record in civil and
criminal appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 51, Civil Practice and
Remedies Code, is amended by adding Section 51.018 to read as
follows:
Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not
later than the 10th day after the date that a party files a notice of
appeal for a civil suit, the party may notify the court of appeals
that the party will file an appendix that replaces the clerk's
record for the appeal.
(b) The party must file the appendix with the party's
appellant brief. Except in an expedited proceeding or by order of
the court, the brief and appendix must be filed not later than the
30th day after the later of:
(1) the date that the party provided notice under
Subsection (a); or
(2) the date that a reporter's record, if any, is filed
with the court of appeals.
(c) An appendix filed under this section must contain a
file-stamped copy of each document required by Rule 34.5, Texas
Rules of Appellate Procedure, for a civil suit and any other item
the party intends to reference in the party's brief. The appendix
may not contain a document that has not been filed with the trial
court except by agreement of the parties to the appeal.
(d) An appendix filed in accordance with this section
becomes part of the appellate record. A court clerk may not prepare
or file a clerk's record or assess a fee for preparing a clerk's
record if a party files an appendix in accordance with this section.
SECTION 2. Chapter 44, Code of Criminal Procedure, is
amended by adding Article 44.03 to read as follows:
Art. 44.03. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not
later than the 10th day after the date that the state or the
defendant files a notice of appeal for a criminal case, the
appellant may notify the court of appeals that the appellant will
file an appendix that replaces the clerk's record for the appeal.
(b) The appellant must file the appendix with the appellant
brief. Except in an expedited proceeding or by order of the court,
the brief and appendix must be filed not later than the 30th day
after the earlier of:
(1) the date that the court clerk would have been
required to file the clerk's record with the court of appeals; or
(2) the date that a reporter's record, if any, is filed
with the court of appeals.
(c) An appendix filed under this section must contain a
file-stamped copy of each document required by Rule 34.5, Texas
Rules of Appellate Procedure, for a criminal case and any other item
the appellant intends to reference in the appellant's brief. The
appendix may not contain a document that has not been filed with the
trial court except by agreement of the state and the defendant.
(d) An appendix filed in accordance with this section
becomes part of the appellate record. A court clerk may not prepare
or file a clerk's record or assess a fee for preparing a clerk's
record if the appellant files an appendix in accordance with this
section.
SECTION 3. Section 51.018, Civil Practice and Remedies
Code, and Article 44.03, Code of Criminal Procedure, as added by
this Act, apply only to a party that files a notice of appeal on or
after January 1, 2024. A party that files a notice of appeal before
January 1, 2024, is governed by the law in effect on the date the
notice was given, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2023.