Here's a strong message to the Legislature from the Dallas Court of Appeals:

http://www.courtstuff.com/files/05/recent/021173F.HTM

Footnote 2: "We take judicial notice that currently in both houses of the Texas Legislature identical bills have been proposed to amend article 44.01 to grant the State a right to appeal all orders issued under Chapter 64. Tex. S.B. 543 & Tex. H.B. 1011, 78th Leg., R.S. (2003); ..."

Yesterday, HB 1011 was sent to the Governor for his signature, so come 9/1/03, this will have been addressed (better late than never, I suppose ...).