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.