By:  Brady                                            H.B. No. 2392
       73R3682 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appeal of suits affecting the parent-child
    1-3  relationship and to the review of placement of children under the
    1-4  care of the Department of Protective and Regulatory Services.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 11, Family Code, is amended by adding
    1-7  Section 11.192 to read as follows:
    1-8        Sec. 11.192.  PROCEDURE FOR ACCELERATED APPEALS.  (a)  A
    1-9  party appealing an order terminating or refusing to terminate the
   1-10  parent-child relationship must follow the procedures for the appeal
   1-11  established by this section.
   1-12        (b)  The appellant must file:
   1-13              (1)  the supersedeas bond, the notice or affidavit in
   1-14  lieu of the bond, or a deposit in lieu of the bond within 20 days
   1-15  after the date the court signs the order;
   1-16              (2)  the record within 30 days after the date the court
   1-17  signs the order; and
   1-18              (3)  the appellant's brief within 20 days after the
   1-19  date the appellant files the record.
   1-20        (c)  The appellee must file the appellee's brief within 20
   1-21  days after the date the appellant files the appellant's brief.
   1-22        (d)  If the appellant does not file either the record or the
   1-23  appellant's brief within the time specified without a reasonable
   1-24  explanation, the appellate court may dismiss the appeal or affirm
    2-1  the order.  The court's jurisdiction or its authority to consider
    2-2  material filed late is not affected.
    2-3        (e)  Notwithstanding Section 22.004, Government Code, this
    2-4  section may not be modified or repealed by a rule adopted by the
    2-5  Texas Supreme Court.
    2-6        SECTION 2.  Section 18.01, Family Code, is amended by adding
    2-7  Subsection (d) to read as follows:
    2-8        (d)  The court shall give precedence to the hearing over
    2-9  other civil cases.
   2-10        SECTION 3.  Section 23.101(a), Government Code, is amended to
   2-11  read as follows:
   2-12        (a)  The trial courts of this state shall regularly and
   2-13  frequently set hearings and trials of pending matters, giving
   2-14  preference to hearings and trials of the following:
   2-15              (1)  temporary injunctions;
   2-16              (2)  criminal actions, with criminal actions against
   2-17  defendants who are detained in jail pending trial given preference
   2-18  over other criminal actions;
   2-19              (3)  election contests and suits under the Election
   2-20  Code;
   2-21              (4)  orders for the protection of the family under
   2-22  Section 3.581, 71.11, or 71.12, Family Code;
   2-23              (5)  appeals of final rulings and decisions of the
   2-24  Texas Workers' Compensation Commission and claims under the Federal
   2-25  Employers' Liability Act and the Jones Act;
   2-26              (6)  suits for declaratory judgment under Section
   2-27  89.085, Natural Resources Code; <and>
    3-1              (7)  appeals of final orders of the commissioner of the
    3-2  General Land Office under Section 51.3021, Natural Resources Code;
    3-3  and
    3-4              (8)  suits affecting the parent-child relationship in
    3-5  which termination of the relationship is an issue under Subtitle A,
    3-6  Title 2, Family Code.
    3-7        SECTION 4.  This Act applies to a hearing under Section
    3-8  18.01, Family Code, required to be held on or after the effective
    3-9  date of this Act and an appeal of a suit affecting the parent-child
   3-10  relationship in which termination of the relationship is an issue
   3-11  under Subtitle A, Title 2, Family Code, filed on or after the
   3-12  effective date of this Act regardless of whether the suit affecting
   3-13  the parent-child relationship was filed before or on or after the
   3-14  effective date of this Act.
   3-15        SECTION 5.  The importance of this legislation and the
   3-16  crowded condition of the calendars in both houses create an
   3-17  emergency and an imperative public necessity that the
   3-18  constitutional rule requiring bills to be read on three several
   3-19  days in each house be suspended, and this rule is hereby suspended,
   3-20  and that this Act take effect and be in force from and after its
   3-21  passage, and it is so enacted.