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.