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A BILL TO BE ENTITLED
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AN ACT
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relating to preparation of an appellate record in civil and |
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criminal appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 51, Civil Practice and |
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Remedies Code, is amended by adding Section 51.018 to read as |
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follows: |
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Sec. 51.018. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not |
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later than the 10th day after the date that a party files a notice of |
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appeal for a civil suit, the party may notify the court of appeals |
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that the party will file an appendix that replaces the clerk's |
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record for the appeal. |
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(b) The party must file the appendix with the party's |
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appellant brief. Except in an expedited proceeding or by order of |
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the court, the brief and appendix must be filed not later than the |
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30th day after the later of: |
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(1) the date that the party provided notice under |
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Subsection (a); or |
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(2) the date that a reporter's record, if any, is filed |
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with the court of appeals. |
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(c) An appendix filed under this section must contain a |
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file-stamped copy of each document required by Rule 34.5, Texas |
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Rules of Appellate Procedure, for a civil suit and any other item |
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the party intends to reference in the party's brief. The appendix |
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may not contain a document that has not been filed with the trial |
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court except by agreement of the parties to the appeal. |
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(d) An appendix filed in accordance with this section |
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becomes part of the appellate record. A court clerk may not prepare |
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or file a clerk's record or assess a fee for preparing a clerk's |
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record if a party files an appendix in accordance with this section. |
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SECTION 2. Chapter 44, Code of Criminal Procedure, is |
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amended by adding Article 44.03 to read as follows: |
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Art. 44.03. APPENDIX IN LIEU OF CLERK'S RECORD. (a) Not |
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later than the 10th day after the date that the state or the |
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defendant files a notice of appeal for a criminal case, the |
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appellant may notify the court of appeals that the appellant will |
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file an appendix that replaces the clerk's record for the appeal. |
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(b) The appellant must file the appendix with the appellant |
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brief. Except in an expedited proceeding or by order of the court, |
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the brief and appendix must be filed not later than the 30th day |
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after the earlier of: |
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(1) the date that the court clerk would have been |
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required to file the clerk's record with the court of appeals; or |
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(2) the date that a reporter's record, if any, is filed |
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with the court of appeals. |
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(c) An appendix filed under this section must contain a |
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file-stamped copy of each document required by Rule 34.5, Texas |
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Rules of Appellate Procedure, for a criminal case and any other item |
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the appellant intends to reference in the appellant's brief. The |
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appendix may not contain a document that has not been filed with the |
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trial court except by agreement of the state and the defendant. |
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(d) An appendix filed in accordance with this section |
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becomes part of the appellate record. A court clerk may not prepare |
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or file a clerk's record or assess a fee for preparing a clerk's |
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record if the appellant files an appendix in accordance with this |
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section. |
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SECTION 3. Section 51.018, Civil Practice and Remedies |
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Code, and Article 44.03, Code of Criminal Procedure, as added by |
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this Act, apply only to a party that files a notice of appeal on or |
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after January 1, 2022. A party that files a notice of appeal before |
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January 1, 2022, is governed by the law in effect on the date the |
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notice was given, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |