By Cuellar of Webb                                    H.B. No. 1401
       74R5069 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the dismissal of an appeal and the costs of appeal in a
    1-3  juvenile case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 56.01, Family Code, is amended by adding
    1-6  Subsections (k), (l), (m), and (n) to read as follows:
    1-7        (k)  The appellate court shall dismiss an appeal on the
    1-8  state's motion, supported by affidavit showing that the appellant
    1-9  has escaped from custody pending the appeal and, to the affiant's
   1-10  knowledge, has not voluntarily returned to the state's custody on
   1-11  or before the 10th day after the date of the escape.  The court may
   1-12  not dismiss an appeal, or if the appeal has been dismissed, shall
   1-13  reinstate the appeal, on the filing of an affidavit of an officer
   1-14  or other credible person showing that the appellant voluntarily
   1-15  returned to custody on or before the 10th day after the date of the
   1-16  escape.
   1-17        (l)  The court may order the child, the child's parent, or
   1-18  other person responsible for support of the child to pay the costs
   1-19  of appeal of the child, including the cost of representation by an
   1-20  attorney, if the court determines the person to be ordered to pay
   1-21  the costs is not indigent.
   1-22        (m)  The court may waive the filing of an appeal bond if the
   1-23  court determines that the child is indigent.
   1-24        (n)  For purposes of determining indigency of the child under
    2-1  this section, the court shall consider the assets and income of the
    2-2  child, the child's parent, and any other person responsible for the
    2-3  support of the child.
    2-4        SECTION 2.  The change in law made by this Act applies only
    2-5  to an appeal filed on or after the effective date of this Act.  An
    2-6  appeal filed before the effective date of this Act is governed by
    2-7  the law in effect at the time the appeal was filed, and that law is
    2-8  continued in effect for that purpose.
    2-9        SECTION 3.  This Act takes effect September 1, 1995.
   2-10        SECTION 4.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.