By:  Goodman (Senate Sponsor - Nelson)                            H.B. No. 409
	(In the Senate - Received from the House April 21, 2005; 
April 22, 2005, read first time and referred to Committee on Health 
and Human Services; May 5, 2005, reported favorably by the 
following vote:  Yeas 8, Nays 0; May 5, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the appeal of certain orders regarding children in the 
conservatorship of the Department of Family and Protective 
Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 263.405, Family Code, is amended by 
adding Subsection (i) to read as follows:
	(i)  The appellate court may not consider any issue that was 
not specifically presented to the trial court in a timely filed 
statement of the points on which the party intends to appeal or in a 
statement combined with a motion for new trial.  For purposes of 
this subsection, a claim that a judicial decision is contrary to the 
evidence or that the evidence is factually or legally insufficient 
is not sufficiently specific to preserve an issue for appeal.
	SECTION 2.  Section 263.405(i), Family Code, as added by 
this Act, applies only to an appeal of a final order under 
Subchapter E, Chapter 263, Family Code, filed on or after the 
effective date of this Act.  An appeal of a final order under 
Subchapter E, Chapter 263, Family Code, filed before the effective 
date of this Act is governed by the law in effect on the date the 
appeal was filed, and the former law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect September 1, 2005.                           



* * * * *