88R763 BRG-D
 
  By: Johnson of Dallas H.B. No. 2431
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to preparation of an appellate record in civil and
  criminal appeals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 51, Civil Practice and
  Remedies Code, is amended by adding Section 51.018 to read as
  follows:
         Sec. 51.018.  APPENDIX IN LIEU OF CLERK'S RECORD.  (a)  Not
  later than the 10th day after the date that a party files a notice of
  appeal for a civil suit, the party may notify the court of appeals
  that the party will file an appendix that replaces the clerk's
  record for the appeal.
         (b)  The party must file the appendix with the party's
  appellant brief. Except in an expedited proceeding or by order of
  the court, the brief and appendix must be filed not later than the
  30th day after the later of:
               (1)  the date that the party provided notice under
  Subsection (a); or
               (2)  the date that a reporter's record, if any, is filed
  with the court of appeals.
         (c)  An appendix filed under this section must contain a
  file-stamped copy of each document required by Rule 34.5, Texas
  Rules of Appellate Procedure, for a civil suit and any other item
  the party intends to reference in the party's brief.  The appendix
  may not contain a document that has not been filed with the trial
  court except by agreement of the parties to the appeal.
         (d)  An appendix filed in accordance with this section
  becomes part of the appellate record. A court clerk may not prepare
  or file a clerk's record or assess a fee for preparing a clerk's
  record if a party files an appendix in accordance with this section.
         SECTION 2.  Chapter 44, Code of Criminal Procedure, is
  amended by adding Article 44.03 to read as follows:
         Art. 44.03.  APPENDIX IN LIEU OF CLERK'S RECORD.  (a)  Not
  later than the 10th day after the date that the state or the
  defendant files a notice of appeal for a criminal case, the
  appellant may notify the court of appeals that the appellant will
  file an appendix that replaces the clerk's record for the appeal.
         (b)  The appellant must file the appendix with the appellant
  brief.  Except in an expedited proceeding or by order of the court,
  the brief and appendix must be filed not later than the 30th day
  after the earlier of:
               (1)  the date that the court clerk would have been
  required to file the clerk's record with the court of appeals; or
               (2)  the date that a reporter's record, if any, is filed
  with the court of appeals.
         (c)  An appendix filed under this section must contain a
  file-stamped copy of each document required by Rule 34.5, Texas
  Rules of Appellate Procedure, for a criminal case and any other item
  the appellant intends to reference in the appellant's brief.  The
  appendix may not contain a document that has not been filed with the
  trial court except by agreement of the state and the defendant.
         (d)  An appendix filed in accordance with this section
  becomes part of the appellate record.  A court clerk may not prepare
  or file a clerk's record or assess a fee for preparing a clerk's
  record if the appellant files an appendix in accordance with this
  section.
         SECTION 3.  Section 51.018, Civil Practice and Remedies
  Code, and Article 44.03, Code of Criminal Procedure, as added by
  this Act, apply only to a party that files a notice of appeal on or
  after January 1, 2024.  A party that files a notice of appeal before
  January 1, 2024, is governed by the law in effect on the date the
  notice was given, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2023.