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