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.