Bill Text: TX HB687 | 2017-2018 | 85th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to Juvenile Justice & Family Issues [HB687 Detail]
Download: Texas-2017-HB687-Introduced.html
| 85R1601 YDB-D | ||
| By: Wu | H.B. No. 687 | |
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| 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. | ||
