| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to preparation of an appellate record in civil 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 trial court and |
|
|
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 |
|
|
appellate 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. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2023. |