By Dunnam                                             H.B. No. 1741
         77R5413 JMM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an appeal from the issuance 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, is amended by adding
 1-5     Subsection (d) to read as follows:
 1-6           (d)  Each protective order issued under this subtitle, except
 1-7     for a temporary ex parte order, must contain the following
 1-8     prominently  displayed statement in boldfaced type, capital
 1-9     letters, or underlined:
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 RENDERED.  AN APPEAL
1-12     OF THIS ORDER MUST BE FILED NOT LATER THAN THE 30TH DAY AFTER THE
1-13     DATE THE RESPONDENT RECEIVES THE ORDER OR NOTICE OF THE ORDER.  AN
1-14     APPEAL OF THIS ORDER DOES NOT AFFECT THE VALIDITY OF THE ORDER OR
1-15     AFFECT THE JURISDICTION OF THE COURT TO EXPAND, VACATE, OR MODIFY
1-16     THE ORDER."
1-17           SECTION 2.  Subtitle B, Title 4, Family Code, is amended by
1-18     adding Chapter 89 to read as follows:
1-19                             CHAPTER 89.  APPEAL
1-20           Sec. 89.001.  RIGHT TO APPEAL.  (a)  An appeal from an order
1-21     rendered under this subtitle, other than a temporary ex parte
1-22     order, shall be filed in a court of appeals for the county in which
1-23     the order was rendered.
1-24           (b)  Notice of appeal must be filed not later than the 30th
 2-1     day after the date the protective order was issued.
 2-2           Sec. 89.002.  TRANSCRIPTS.  On receipt of notice of the
 2-3     filing of an appeal, the clerk of the court in which the protective
 2-4     order was rendered shall send a certified copy of the transcripts
 2-5     of the proceedings in the case to the court of appeals not later
 2-6     than the fifth business day after the date of receipt of notice of
 2-7     the appeal.
 2-8           Sec. 89.003.  PREFERENTIAL SETTING.  The court of appeals and
 2-9     the supreme court shall give an appeal under this chapter
2-10     preference over all other cases before the court and shall advance
2-11     the appeal on the court's docket.  The court of appeals or supreme
2-12     court may suspend any rule relating to the time for filing a brief
2-13     or docketing a case.
2-14           Sec. 89.004.  ORDER PENDING APPEAL.  The appeal of an order
2-15     rendered under this subtitle does not affect the validity of the
2-16     order or affect the jurisdiction of the court that rendered the
2-17     order to expand, vacate, or otherwise modify the order.
2-18           SECTION 3.  This Act takes effect September 1, 2001, and
2-19     applies only to a protective order rendered on or after that date.
2-20     A protective  order rendered before the effective date of this Act
2-21     is governed by the law in effect on the date the order was
2-22     rendered, and the former law is continued in effect for that
2-23     purpose.