HBA-KDB H.B. 1741 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1741
By: Dunnam
Juvenile Justice & Family Issues
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, appellate courts do not have the jurisdiction to review
and consider appeals of protective orders issued under the Family Code.  A
complaining party's right of review is limited to an assertion that a court
has abused its discretion.  House Bill 1741 allows for an appeal of a
protective order, other than a temporary ex parte order, in an appellate
court. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1741 amends the Family Code to require an appeal of a protective
order, other than a temporary ex parte order, to be filed in a court of
appeals for the county in which the order was rendered. The bill provides
that notice of the appeal must be filed not later than the 30th day after
the date the protective order was issued.  The bill requires the clerk of
the court in which the protective order was rendered, on receipt of notice
of the filing of an appeal, to send a certified copy of the transcripts of
the proceedings in the case to the court of appeals not later than the
fifth business day after the date of receipt of notice of the  appeal.  The
bill requires the court of appeals and the supreme court to give an appeal
of a protective order preference over all other cases before the court and
to advance the appeal on the court's docket.  The bill authorizes the court
of appeals or supreme court to suspend any rule relating to the time for
filing a brief or docketing a case.  An appeal of a protective order does
not affect the validity of the order or affect the jurisdiction of the
court that rendered the order to expand, vacate, or otherwise modify the
order. 

The bill provides that each protective order, except for a temporary ex
parte order, must contain a prominently displayed statement relating to the
filing of an appeal for a protective order. 

EFFECTIVE DATE

September 1, 2001.