| |
| |
| |
|
|
AN ACT
|
|
|
relating to appointments made in and the appeal of certain suits |
|
|
affecting the parent-child relationship. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 107.013, Family Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) A parent who the court has determined is indigent for |
|
|
purposes of this section is presumed to remain indigent for the |
|
|
duration of the suit and any subsequent appeal unless the court, |
|
|
after reconsideration on the motion of the parent, the attorney ad |
|
|
litem for the parent, or the attorney representing the governmental |
|
|
entity, determines that the parent is no longer indigent due to a |
|
|
material and substantial change in the parent's financial |
|
|
circumstances. |
|
|
SECTION 2. Section 107.016, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF |
|
|
APPOINTMENT. In a suit filed by a governmental entity in which |
|
|
termination of the parent-child relationship or appointment of the |
|
|
entity as conservator of the child is requested: |
|
|
(1) [,] an order appointing the Department of Family |
|
|
and Protective [and Regulatory] Services as the child's managing |
|
|
conservator may provide for the continuation of the appointment of |
|
|
the guardian ad litem or attorney ad litem for the child for any |
|
|
period set by the court; and |
|
|
(2) an attorney appointed under this subchapter to |
|
|
serve as an attorney ad litem for a parent or an alleged father |
|
|
continues to serve in that capacity until the earliest of: |
|
|
(A) the date the suit affecting the parent-child |
|
|
relationship is dismissed; |
|
|
(B) the date all appeals in relation to any final |
|
|
order terminating parental rights are exhausted or waived; or |
|
|
(C) the date the attorney is relieved of the |
|
|
attorney's duties or replaced by another attorney after a finding |
|
|
of good cause is rendered by the court on the record. |
|
|
SECTION 3. Section 109.002(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) An appeal from a final order rendered in a suit, when |
|
|
allowed under this section or under other provisions of law, shall |
|
|
be as in civil cases generally under the Texas Rules of Appellate |
|
|
Procedure. An appeal in a suit in which termination of the |
|
|
parent-child relationship is in issue shall be given precedence |
|
|
over other civil cases and shall be accelerated by the appellate |
|
|
courts. The procedures for an accelerated appeal under the Texas |
|
|
Rules of Appellate Procedure apply to an appeal in which the |
|
|
termination of the parent-child relationship is in issue. |
|
|
SECTION 4. Sections 263.405(a), (b), and (c), Family Code, |
|
|
are amended to read as follows: |
|
|
(a) An appeal of a final order rendered under this |
|
|
subchapter is governed by the procedures [rules of the supreme
|
|
|
court] for accelerated appeals in civil cases under the Texas Rules |
|
|
of Appellate Procedure [and the procedures provided by this
|
|
|
section]. 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 THE PROCEDURES FOR ACCELERATED APPEALS IN CIVIL CASES UNDER THE |
|
|
TEXAS RULES OF APPELLATE PROCEDURE. FAILURE TO FOLLOW THE TEXAS |
|
|
RULES OF APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN |
|
|
THE DISMISSAL OF THE APPEAL." [Not later than the 15th day after the
|
|
|
date a final order is signed by the trial judge, a party who intends
|
|
|
to request a new trial or appeal the order must file with the trial
|
|
|
court:
|
|
|
[(1) a request for a new trial; or
|
|
|
[(2)
if an appeal is sought, a statement of the point
|
|
|
or points on which the party intends to appeal.] |
|
|
(c) The supreme court shall adopt rules accelerating the |
|
|
disposition by the appellate court and the supreme court of an |
|
|
appeal of a final order granting termination of the parent-child |
|
|
relationship rendered under this subchapter. [A motion for a new
|
|
|
trial, a request for findings of fact and conclusions of law, or any
|
|
|
other post-trial motion in the trial court does not extend the
|
|
|
deadline for filing a notice of appeal under Rule 26.1(b), Texas
|
|
|
Rules of Appellate Procedure, or the deadline for filing an
|
|
|
affidavit of indigence under Rule 20, Texas Rules of Appellate
|
|
|
Procedure.] |
|
|
SECTION 5. Sections 263.405(b-1), (d), (e), (f), (g), (h), |
|
|
and (i), Family Code, are repealed. |
|
|
SECTION 6. The Supreme Court of Texas shall adopt rules of |
|
|
appellate procedure as required by Section 263.405(c), Family Code, |
|
|
as amended by this Act, as soon as practicable after the effective |
|
|
date of this Act, but not later than March 1, 2012. |
|
|
SECTION 7. Section 107.013(e), Family Code, as added by |
|
|
this Act, and Section 107.016, Family Code, as amended by this Act, |
|
|
apply only to a suit affecting the parent-child relationship |
|
|
pending in a trial court on or filed on or after the effective date |
|
|
of this Act. |
|
|
SECTION 8. Sections 109.002(a) and 263.405(a) and (b), |
|
|
Family Code, as amended by this Act, apply only to a final order |
|
|
rendered on or after the effective date of this Act. A final order |
|
|
rendered before the effective date of this Act is governed by the |
|
|
law in effect on the date the order was rendered, and the former law |
|
|
is continued in effect for that purpose. |
|
|
SECTION 9. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 906 was passed by the House on March |
|
|
30, 2011, by the following vote: Yeas 146, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 906 on May 5, 2011, by the following vote: Yeas 141, Nays 0, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 906 was passed by the Senate, with |
|
|
amendments, on April 29, 2011, by the following vote: Yeas 31, |
|
|
Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |