FAMILY CODE

CHAPTER 109. APPEALS


	§ 109.001.  TEMPORARY ORDERS DURING PENDENCY OF 
APPEAL.  (a)  Not later than the 30th day after the date an appeal 
is perfected, on the motion of any party or on the court's own 
motion and after notice and hearing, the court may make any order 
necessary to preserve and protect the safety and welfare of the 
child during the pendency of the appeal as the court may deem 
necessary and equitable.  In addition to other matters, an order 
may:
		(1)  appoint temporary conservators for the child and 
provide for possession of the child;
		(2)  require the temporary support of the child by a 
party;                 
		(3)  restrain a party from molesting or disturbing the 
peace of the child or another party;
		(4)  prohibit a person from removing the child beyond a 
geographical area identified by the court;
		(5)  require payment of reasonable attorney's fees and 
expenses;  or        
		(6)  suspend the operation of the order or judgment 
that is being appealed. 
	(b)  A court retains jurisdiction to enforce its orders 
rendered under this section unless the appellate court, on a proper 
showing, supersedes the court's order.
	(c)  A temporary order rendered under this section is not 
subject to interlocutory appeal.
	(d)  The court may not suspend under Subsection (a)(6) the 
operation of an order or judgment terminating the parent-child 
relationship in a suit brought by the state or a political 
subdivision of the state permitted by law to bring the suit.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2001, 77th Leg., ch. 539, § 1, eff. Sept. 1, 
2001.


	§ 109.002.  APPEAL.  (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.  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.
	(b)  An appeal may be taken by any party to a suit from a 
final order rendered under this title.
	(c)  An appeal from a final order, with or without a 
supersedeas bond, does not suspend the order unless suspension is 
ordered by the court rendering the order.  The appellate court, on a 
proper showing, may permit the order to be suspended, unless the 
order provides for the termination of the parent-child relationship 
in a suit brought by the state or a political subdivision of the 
state permitted by law to bring the suit.
	(d)  On the motion of the parties or on the court's own 
motion, the appellate court in its opinion may identify the parties 
by fictitious names or by their initials only.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1999, 76th Leg., ch. 62, § 6.17, eff. Sept. 1, 
1999;  Acts 2001, 77th Leg., ch. 421, § 1, eff. Sept. 1, 2001;  
Acts 2001, 77th Leg., ch. 539, § 2, eff. Sept. 1, 2001.


	§ 109.003.  PAYMENT FOR STATEMENT OF FACTS.  (a)  If the 
party requesting a statement of facts in an appeal of a suit has 
filed an affidavit stating the party's inability to pay costs as 
provided by Rule 20, Texas Rules of Appellate Procedure, and the 
affidavit is approved by the trial court, the trial court may order 
the county in which the trial was held to pay the costs of preparing 
the statement of facts.
	(b)  Nothing in this section shall be construed to permit an 
official court reporter to be paid more than once for the 
preparation of the statement of facts.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1995, 74th Leg., ch. 472, § 1, eff. Sept. 1, 
1995;  Acts 2001, 77th Leg., ch. 1420, § 5.0025, eff. Sept. 1, 
2001.