|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a motion for a new trial following a final order in |
|
certain suits affecting the parent-child relationship and filing an |
|
appeal after those motions. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 263.405(a) and (b), Family Code, are |
|
amended to read as follows: |
|
(a) An appeal of a final order rendered under this |
|
subchapter is governed by this subchapter and the procedures for |
|
accelerated appeals in civil cases under the Texas Rules of |
|
Appellate Procedure. The appellate court shall render its final |
|
order or judgment with the least possible delay. |
|
(b) A final order rendered under this subchapter must |
|
contain the following prominently displayed statement in boldfaced |
|
type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS |
|
ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT IN WHICH |
|
TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED |
|
BY SUBCHAPTER E, CHAPTER 263, FAMILY CODE, AND THE PROCEDURES FOR |
|
ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF |
|
APPELLATE PROCEDURE. FAILURE TO FOLLOW SUBCHAPTER E, CHAPTER 263, |
|
FAMILY CODE, AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR |
|
ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL." |
|
SECTION 2. Subchapter E, Chapter 263, Family Code, is |
|
amended by adding Section 263.4055 to read as follows: |
|
Sec. 263.4055. MOTION FOR NEW TRIAL ON FINAL ORDER; TIME FOR |
|
FILING AN APPEAL. (a) A motion for a new trial following a final |
|
order rendered under this subchapter must be filed not later than |
|
the fifth day after the date the final order is rendered. |
|
(b) The court shall hold a hearing on the motion for a new |
|
trial not later than the 14th day after the date the motion is |
|
filed. |
|
(c) If a motion for a new trial is filed, an appeal of a |
|
final order under Section 263.405 must be filed not later than the |
|
20th day after the date the court rules on the motion for a new |
|
trial. |
|
(d) To the extent that this section conflicts with the Texas |
|
Rules of Civil Procedure or the Texas Rules of Appellate Procedure, |
|
this section controls. Notwithstanding Section 22.004, Government |
|
Code, this section may not be modified or repealed by a rule adopted |
|
by the supreme court. |
|
SECTION 3. (a) Sections 263.405(a) and (b), Family Code, |
|
as amended by this Act, apply only to an appeal of a final order |
|
rendered on or after the effective date of this Act. An appeal of a |
|
final order rendered before that date is governed by the law in |
|
effect immediately before the effective date of this Act, and that |
|
law is continued in effect for that purpose. |
|
(b) Section 263.4055, Family Code, as added by this Act, |
|
applies only to a motion for a new trial following a final order |
|
rendered on or after the effective date of this Act. A motion for a |
|
new trial following a final order rendered before the effective |
|
date of this Act is governed by the law in effect immediately before |
|
the effective date of this Act, and that law is continued in effect |
|
for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2017. |