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2-4 section may not be modified or repealed by a rule adopted by the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.