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