Bill Text: TX HB906 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to appointments made in and the appeal of certain suits affecting the parent-child relationship.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-19 - Effective on 9/1/11 [HB906 Detail]
Download: Texas-2011-HB906-Enrolled.html
H.B. No. 906 |
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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) [ |
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and Protective [ |
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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 [ |
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of Appellate Procedure [ |
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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." [ |
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(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. [ |
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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 |