By Siebert H.B. No. 346
75R4 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statutory legislative continuance in a civil or
1-3 criminal case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 30.003, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 30.003. LEGISLATIVE CONTINUANCE. (a) This section
1-8 applies to any criminal or civil suit, including matters of
1-9 probate, and to any matters ancillary to the suit that require
1-10 action by or the attendance of an attorney, including appeals but
1-11 excluding temporary restraining orders.
1-12 (b) Except as provided by Subsection (c) or (d), at any time
1-13 within 30 days of a date when the legislature is to be in session,
1-14 at any time during a legislative session, or when the legislature
1-15 sits as a constitutional convention, the court on application shall
1-16 continue a case in which a party applying for the continuance or
1-17 the attorney for that party is a member of the legislature and will
1-18 be or is attending a legislative session. The court shall continue
1-19 the case until 30 days after the date on which the legislature
1-20 adjourns.
1-21 (c) If the member of the legislature is an attorney for a
1-22 party, the party seeking the continuance must demonstrate that it
1-23 did not engage the services of the member of the legislature for
1-24 the purpose of obtaining a continuance under this section. For
2-1 purposes of this subsection, the party is presumed to have engaged
2-2 the services of the member of the legislature for the purpose of
2-3 obtaining a continuance under this section unless the party
2-4 demonstrates that:
2-5 (1) the member of the legislature regularly handles
2-6 matters similar to an important matter involved in the case or has
2-7 substantial training or experience directly relating to an
2-8 important matter involved in the case;
2-9 (2) the party engaged the services of the member of
2-10 the legislature:
2-11 (A) when the legislature was not in session; and
2-12 (B) before the 45th day before the date on which
2-13 a regular session of the legislature was scheduled to convene; or
2-14 (3) the party engaged the services of the member of
2-15 the legislature at a time when the party was not already
2-16 represented by an attorney in the proceeding for which the
2-17 continuance is sought.
2-18 (d) If the attorney for a party to the case is a member of
2-19 the legislature who was employed within 10 days before the date on
2-20 which the suit is set for trial, the continuance is discretionary
2-21 with the court.
2-22 (e) [(d)] The party seeking the continuance must file with
2-23 the court an affidavit stating the grounds for the continuance.
2-24 The affidavit may be treated by the court as [is] proof of the
2-25 necessity for a continuance. At the request of any party or on the
2-26 court's own motion, the court may conduct a hearing on the
2-27 application for the continuance. Unless the court conducts a
3-1 hearing, the [The] affidavit of the party applying for the
3-2 continuance need not be corroborated.
3-3 (f) [(e)] If the member of the legislature is an attorney
3-4 for a party, the affidavit must contain a declaration that it is
3-5 the attorney's intention to participate actively in the preparation
3-6 or presentation of the case and that the attorney has not taken the
3-7 case for the purpose of obtaining a continuance under this section.
3-8 (g) [(f)] The continuance provided by Subsection (b) is one
3-9 of right and may not be charged against the party receiving it on
3-10 any subsequent application for continuance.
3-11 SECTION 2. The change to Section 30.003, Civil Practice and
3-12 Remedies Code, made by this Act does not affect a continuance for
3-13 which an application is made to the court under that section before
3-14 the effective date of this Act. A continuance for which an
3-15 application is made to the court before the effective date of this
3-16 Act is governed by Section 30.003, Civil Practice and Remedies
3-17 Code, as it existed when the application was made, and the former
3-18 law is continued in effect for that purpose.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.