By:  Martinez Fischer                                             H.B. No. 3027



A BILL TO BE ENTITLED

AN ACT

relating to notice and appearance of attorneys representing 
governmental entities at a hearing for a temporary restraining 
order.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Rule 680, Texas Rules of Civil Procedure, is 
amended to read as follows:
	Rule 680.  TEMPORARY RESTRAINING ORDER.  No temporary 
restraining order shall be granted without notice to the adverse 
party unless it clearly appears from specific facts shown by 
affidavit or by the verified complaint that immediate and 
irreparable injury, loss or damage will result to the applicant 
before notice can be served and a hearing had thereon.  In any case 
involving a governmental entity, the temporary restraining order 
shall not be granted until reasonable notice and an opportunity to 
appear are provided by the trial court to the attorney representing 
the governmental entity.  Every temporary restraining order granted 
without notice shall be endorsed with the date and hour of issuance; 
shall be filed forthwith in the clerk's office and entered of 
record; shall define the injury and state why it is irreparable and 
why the order was granted without notice; and shall expire by its 
terms within such time after signing, not to exceed fourteen days, 
as the court fixes, unless within the time so fixed the order, for 
good cause shown, is extended for a like period or unless the party 
against whom the order is directed consents that the order may be 
extended for a longer period.  The reasons for the extension shall 
be entered of record.  No more than one extension may be granted 
unless subsequent extensions are unopposed.  In case a temporary 
restraining order is granted without notice, the application for a 
temporary injunction shall be set down for hearing at the earliest 
possible date and takes precedence of all matters except older 
matters of the same character; and when the application comes on for 
hearing the party who obtained the temporary restraining order 
shall proceed with the application for a temporary injunction and, 
if he does not do so, the court shall dissolve the temporary 
restraining order.  On two days' notice to the party who obtained 
the temporary restraining order without notice or on such shorter 
notice to that party as the court may prescribe, the adverse party 
may appear and move its dissolution or modification and in that 
event the court shall proceed to hear and determine such motion as 
expeditiously as the ends of justice require.
	Every restraining order shall include an order setting a 
certain date for hearing on the temporary or permanent injunction 
sought.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.