By Reyna of Bexar                                     H.B. No. 2688
         76R2002 SMJ-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a temporary order in a suit affecting the parent-child
 1-3     relationship.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 105.001(b) and (d), Family Code, are
 1-6     amended to read as follows:
 1-7           (b)  Except as provided by Subsection (c), temporary
 1-8     restraining orders and temporary injunctions under this section
 1-9     shall be granted without the necessity of an affidavit or verified
1-10     pleading stating specific facts showing that immediate and
1-11     irreparable injury, loss, or damage will result before notice can
1-12     be served and a hearing can be held.  Except as provided by
1-13     Subsection (h), an order may not be rendered under Subsection
1-14     (a)(1), (2), or (5) except after notice and a hearing.  A temporary
1-15     restraining order or temporary injunction granted under this
1-16     section need not:
1-17                 (1)  define the injury or state why it is irreparable;
1-18     [or]
1-19                 (2)  state why the order was granted without notice; or
1-20                 (3)  include an order setting the cause for trial on
1-21     the merits with respect to the ultimate relief requested.
1-22           (d)  In a suit, the court may dispense with the necessity
1-23     of[:]
1-24                 [(1)]  a bond in connection with temporary orders on
 2-1     [in] behalf of the child[; and]
 2-2                 [(2)  setting the cause for trial on the merits with
 2-3     respect to the ultimate relief requested].
 2-4           SECTION 2.  This Act takes effect September 1, 1999, and
 2-5     applies to a suit affecting the parent-child relationship without
 2-6     regard to whether the suit was commenced before, on, or after the
 2-7     effective date of this Act.
 2-8           SECTION 3.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.