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AN ACT
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relating to the rules governing a motion for new trial in juvenile |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.17(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 56.01(b-1) and except for |
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the burden of proof to be borne by the state in adjudicating a child |
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to be delinquent or in need of supervision under Section 54.03(f) or |
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otherwise when in conflict with a provision of this title, the Texas |
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Rules of Civil Procedure govern proceedings under this title. |
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SECTION 2. Section 56.01, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) Except as provided by Subsection (b-1), an [An] appeal |
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from an order of a juvenile court is to a court of appeals and the |
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case may be carried to the Texas Supreme Court by writ of error or |
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upon certificate, as in civil cases generally. |
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(b) The requirements governing an appeal are as in civil |
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cases generally. When an appeal is sought by filing a notice of |
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appeal, security for costs of appeal, or an affidavit of inability |
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to pay the costs of appeal, and the filing is made in a timely |
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fashion after the date the disposition order is signed, the appeal |
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must include the juvenile court adjudication and all rulings |
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contributing to that adjudication. An appeal of the adjudication |
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may be sought notwithstanding that the adjudication order was |
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signed more than 30 days before the date the notice of appeal, |
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security for costs of appeal, or affidavit of inability to pay the |
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costs of appeal was filed. |
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(b-1) A motion for new trial seeking to vacate an |
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adjudication is: |
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(1) timely if the motion is filed not later than the |
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30th day after the date on which the disposition order is signed; |
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and |
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(2) governed by Rule 21, Texas Rules of Appellate |
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Procedure. |
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SECTION 3. Section 56.01, Family Code, as amended by this |
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Act, applies to a motion for a new trial filed after a disposition |
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order that is signed on or after the effective date of this Act. A |
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motion for a new trial filed after a disposition order that is |
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signed before the effective date of this Act is covered by the law |
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in effect on the date that the disposition order was signed, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1688 was passed by the House on April |
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22, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1688 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |