By Dunnam H.B. No. 2811 Substitute the following for H.B. No. 2811: By Staples C.S.H.B. No. 2811 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an appeal from the entry of a protective order. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 85.026, Family Code, as added by S.B. 1-5 797, Act of the 75th Legislature, Regular Session, 1997, is amended 1-6 by adding Subsection (d) to read as follows: 1-7 "(a) Each protective order issued under this subtitle, 1-8 except a temporary ex parte, shall have the following printed 1-9 statement in bold-faced type or in capital letters: 1-10 "AN APPEAL OF THIS ORDER MUST BE FILED IN THE COURT OF 1-11 APPEALS FOR THE COUNTY IN WHICH THIS ORDER IS ENTERED. AN APPEAL 1-12 OF THIS ORDER MUST BE FILED NOT LATER THAN THE 30TH DAY AFTER THE 1-13 DATE ON WHICH THIS ORDER IS SIGNED." 1-14 SECTION 2. Subtitle B, Title 4, Family Code, as added by 1-15 S.B. 797, Acts of the 75th Legislature, Regular Session, 1997, is 1-16 amended by adding Chapter 88 to read as follows: 1-17 CHAPTER 88. APPEAL 1-18 Sec. 88.001. RIGHT TO APPEAL. (a) An appeal from an order 1-19 rendered under this subtitle, other than an ex parte order, must be 1-20 filed in a court of appeals for the county in which the order was 1-21 rendered. 1-22 (b) Notice of appeal must be filed not later than the 30th 1-23 day after the date the protective order was signed. 1-24 Sec. 88.002. TRANSCRIPTS. On receipt of notice of the 2-1 filing of an appeal, the clerk of the court in which the protective 2-2 order was rendered shall immediately send a certified copy of the 2-3 transcripts of the proceedings in the case to the court of appeals. 2-4 Sec. 88.003. PREFERENTIAL SETTING. The court of appeals and 2-5 supreme court shall give an appeal under this chapter preference 2-6 over all other cases before the court and shall advance the appeal 2-7 on the court's docket. The court of appeals or supreme court may 2-8 suspend any rule relating to the time for filing a brief or 2-9 docketing a case. 2-10 Sec. 88.004. ORDER PENDING APPEAL. An appeal from an order 2-11 rendered under this subtitle shall not effect the validity of the 2-12 order nor effect the trial court's jurisdiction to enlarge, vacate 2-13 or otherwise modify the order. 2-14 SECTION 3. This Act takes effect only if the 75th 2-15 Legislature, at its regular session, enacts S.B. 797 and that bill 2-16 becomes law. If that legislation does not become law, this Act has 2-17 no effect. 2-18 SECTION 4. This Act takes effect September 1, 1997, and 2-19 applies only to the entry of a protective order rendered on or 2-20 after that date. A protective order rendered before the effective 2-21 date of this Act is governed by the law in effect on the date the 2-22 order was rendered, and former law is continued in effect for that 2-23 purpose. 2-24 SECTION 5. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.