CN C.S.H.B. 2811 75(R)
BILL ANALYSIS 


JUVENILE JUSTICE& FAMILY ISSUES
C.S.H.B. 2811
By:  Dunnam
5-2-97
Committee Report (Substituted)


BACKGROUND

Currently Texas appellate courts do not have jurisdiction to review and
consider appeals of protective orders granted under the Family Code.
Under recent case law, a protective order is not a "final" order, and a
protective order does not fall within the parameters for interlocutory
review. Thus a person against whom a protective order is granted has no
rights of appeal other than application for writ of mandamus, which limits
the complaining party's right of review to an assertion that the court
abused its discretion. 
  
PURPOSE

The purpose of this legislation is provide a full mechanism for appellate
review of a protective order granted under the Family Code. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends proposed Sec. 85.026, Family Code providing for a
printed statement on a protective order specifying that an appeal of the
order must be filed in the court of appeals for the county in which the
order is entered, and the appeal must be filed no later than the 30th day
after the order is signed. 

SECTION 2. Amends proposed Subtitle B, Title 4, Family Code by adding
Chapter 88, APPEAL: 

Sec. 88.001 (a) and (b), RIGHT TO AN APPEAL. Provides the same conditions
for the appeal of a protective order, except for an ex parte order, as
printed on the order. 

Sec. 88.002 TRANSCRIPTS. Provides that on receipt of notice of the filing
of an appeal, the clerk shall immediately send a certified copy of the
transcripts of the proceedings to the court of appeals. 

Sec. 88.003 PREFERENTIAL SETTING. Provides that the court of appeals and
supreme court shall give an appeal preferential setting, shall advance the
appeal, and may suspend any rule relating to the time for filing a brief
or docketing a case. 

Sec. 88.004 ORDER PENDING AN APPEAL. Provides that an appeal shall not
affect the validity of the order, nor effect the courts authority to
modify the order. 

SECTION 3. The Act takes effect only if the 75th Legislature, in regular
session enacts S.B. 797. 

SECTION 4. Makes application to this Act prospective, with an effective
date of September 1, 1997. 

SECTION . Emergency Clause
 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute strikes the original amendment of Family Code Sec. 71.20,
whereby the entry of a protective order is an interlocutory order that may
be appealed as other interlocutory orders listed under Section 51.014,
Civil Practices and Remedies Code. 

The substitute adds a new Chapter 88 to the Family Code, APPEAL, and
amends proposed Sec. 85.026, Family Code.  

The substitute reflects the recodification of the Family Code under S.B.
797, and the act takes effect only if the 75th Legislature, in regular
session, enacts S.B. 797.