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.