By Puente                                        H.B. No. 541

      75R1971 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(c), Civil Practice and Remedies

 1-6     Code, is amended to read as follows:

 1-7           (c)  The continuance is discretionary with the court if:

 1-8                 (1)  the continuance is sought on behalf of an [If the]

 1-9     attorney for a party to the case who is a member of the legislature

1-10     and who [was employed] within 10 days before the date on which the

1-11     suit is set for trial:

1-12                       (A)  was initially employed to represent the

1-13     party in the case; or

1-14                       (B)  was substituted for a withdrawing attorney

1-15     representing the party in the case; or

1-16                 (2)  the proceeding for which the continuance is sought

1-17     includes an application for a protective order authorized by the

1-18     Family Code [, the continuance is discretionary with the court].

1-19           SECTION 2.  The change to Section 30.003, Civil Practice and

1-20     Remedies Code, made by this Act does not affect a continuance for

1-21     which an application is made to the court under that section before

1-22     the effective date of this Act.  A continuance for which an

1-23     application is made to the court before the effective date of this

1-24     Act is governed by Section 30.003, Civil Practice and Remedies

 2-1     Code, as it existed when the application was made, and the former

 2-2     law is continued in effect for that purpose.

 2-3           SECTION 3.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended,

 2-8     and that this Act take effect and be in force from and after its

 2-9     passage, and it is so enacted.