| 1 | 1 | | 88R20282 MZM-D |
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| 2 | 2 | | By: Johnson of Dallas H.B. No. 2431 |
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| 3 | 3 | | Substitute the following for H.B. No. 2431: |
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| 4 | 4 | | By: Davis C.S.H.B. No. 2431 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to preparation of an appellate record in civil appeals. |
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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. Subchapter B, Chapter 51, Civil Practice and |
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| 12 | 12 | | Remedies Code, is amended by adding Section 51.018 to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not |
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| 15 | 15 | | later than the 10th day after the date that a party files a notice of |
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| 16 | 16 | | appeal for a civil suit, the party may notify the trial court and |
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| 17 | 17 | | the court of appeals that the party will file an appendix that |
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| 18 | 18 | | replaces the clerk's record for the appeal. |
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| 19 | 19 | | (b) The party must file the appendix with the party's |
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| 20 | 20 | | appellate brief. Except in an expedited proceeding or by order of |
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| 21 | 21 | | the court, the brief and appendix must be filed not later than the |
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| 22 | 22 | | 30th day after the later of: |
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| 23 | 23 | | (1) the date that the party provided notice under |
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| 24 | 24 | | Subsection (a); or |
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| 25 | 25 | | (2) the date that a reporter's record, if any, is filed |
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| 26 | 26 | | with the court of appeals. |
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| 27 | 27 | | (c) An appendix filed under this section must contain a |
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| 28 | 28 | | file-stamped copy of each document required by Rule 34.5, Texas |
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| 29 | 29 | | Rules of Appellate Procedure, for a civil suit and any other item |
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| 30 | 30 | | the party intends to reference in the party's brief. The appendix |
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| 31 | 31 | | may not contain a document that has not been filed with the trial |
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| 32 | 32 | | court except by agreement of the parties to the appeal. |
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| 33 | 33 | | (d) An appendix filed in accordance with this section |
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| 34 | 34 | | becomes part of the appellate record. A court clerk may not prepare |
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| 35 | 35 | | or file a clerk's record or assess a fee for preparing a clerk's |
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| 36 | 36 | | record if a party files an appendix in accordance with this section. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to a party that files a notice of appeal on or after January 1, 2024. |
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| 39 | 39 | | A party that files a notice of appeal before January 1, 2024, is |
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| 40 | 40 | | governed by the law in effect on the date the notice was given, and |
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| 41 | 41 | | the former law is continued in effect for that purpose. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2023. |
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