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AN ACT
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relating to appointments made in and the appeal of certain suits |
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affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.013, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A parent who the court has determined is indigent for |
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purposes of this section is presumed to remain indigent for the |
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duration of the suit and any subsequent appeal unless the court, |
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after reconsideration on the motion of the parent, the attorney ad |
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litem for the parent, or the attorney representing the governmental |
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entity, determines that the parent is no longer indigent due to a |
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material and substantial change in the parent's financial |
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circumstances. |
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SECTION 2. Section 107.016, Family Code, is amended to read |
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as follows: |
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Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF |
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APPOINTMENT. In a suit filed by a governmental entity in which |
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termination of the parent-child relationship or appointment of the |
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entity as conservator of the child is requested: |
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(1) [,] an order appointing the Department of Family |
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and Protective [and Regulatory] Services as the child's managing |
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conservator may provide for the continuation of the appointment of |
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the guardian ad litem or attorney ad litem for the child for any |
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period set by the court; and |
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(2) an attorney appointed under this subchapter to |
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serve as an attorney ad litem for a parent or an alleged father |
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continues to serve in that capacity until the earliest of: |
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(A) the date the suit affecting the parent-child |
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relationship is dismissed; |
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(B) the date all appeals in relation to any final |
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order terminating parental rights are exhausted or waived; or |
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(C) the date the attorney is relieved of the |
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attorney's duties or replaced by another attorney after a finding |
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of good cause is rendered by the court on the record. |
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SECTION 3. Section 109.002(a), Family Code, is amended to |
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read as follows: |
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(a) An appeal from a final order rendered in a suit, when |
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allowed under this section or under other provisions of law, shall |
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be as in civil cases generally under the Texas Rules of Appellate |
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Procedure. An appeal in a suit in which termination of the |
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parent-child relationship is in issue shall be given precedence |
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over other civil cases and shall be accelerated by the appellate |
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courts. The procedures for an accelerated appeal under the Texas |
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Rules of Appellate Procedure apply to an appeal in which the |
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termination of the parent-child relationship is in issue. |
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SECTION 4. Sections 263.405(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) An appeal of a final order rendered under this |
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subchapter is governed by the procedures [rules of the supreme
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court] for accelerated appeals in civil cases under the Texas Rules |
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of Appellate Procedure [and the procedures provided by this
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section]. The appellate court shall render its final order or |
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judgment with the least possible delay. |
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(b) A final order rendered under this subchapter must |
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contain the following prominently displayed statement in boldfaced |
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type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS |
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ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT IN WHICH |
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TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED |
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BY THE PROCEDURES FOR ACCELERATED APPEALS IN CIVIL CASES UNDER THE |
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TEXAS RULES OF APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS |
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RULES OF APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN |
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THE DISMISSAL OF THE APPEAL." [Not later than the 15th day after the
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date a final order is signed by the trial judge, a party who intends
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to request a new trial or appeal the order must file with the trial
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court:
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[(1) a request for a new trial; or
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[(2)
if an appeal is sought, a statement of the point
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or points on which the party intends to appeal.] |
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(c) The supreme court shall adopt rules accelerating the |
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disposition by the appellate court and the supreme court of an |
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appeal of a final order granting termination of the parent-child |
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relationship rendered under this subchapter. [A motion for a new
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trial, a request for findings of fact and conclusions of law, or any
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other post-trial motion in the trial court does not extend the
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deadline for filing a notice of appeal under Rule 26.1(b), Texas
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Rules of Appellate Procedure, or the deadline for filing an
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affidavit of indigence under Rule 20, Texas Rules of Appellate
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Procedure.] |
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SECTION 5. Sections 263.405(b-1), (d), (e), (f), (g), (h), |
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and (i), Family Code, are repealed. |
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SECTION 6. The Supreme Court of Texas shall adopt rules of |
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appellate procedure as required by Section 263.405(c), Family Code, |
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as amended by this Act, as soon as practicable after the effective |
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date of this Act, but not later than March 1, 2012. |
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SECTION 7. Section 107.013(e), Family Code, as added by |
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this Act, and Section 107.016, Family Code, as amended by this Act, |
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apply only to a suit affecting the parent-child relationship |
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pending in a trial court on or filed on or after the effective date |
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of this Act. |
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SECTION 8. Sections 109.002(a) and 263.405(a) and (b), |
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Family Code, as amended by this Act, apply only to a final order |
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rendered on or after the effective date of this Act. A final order |
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rendered before the effective date of this Act is governed by the |
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law in effect on the date the order was rendered, and the former law |
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is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 906 was passed by the House on March |
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30, 2011, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 906 on May 5, 2011, by the following vote: Yeas 141, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 906 was passed by the Senate, with |
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amendments, on April 29, 2011, by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |