By Dutton                                             H.B. No. 2182
         76R4168 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a legislative continuance of a contested case before a
 1-3     state agency.
 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, to a contested case under Chapter 2001, Government Code,
1-10     and to any matters ancillary to the suit or contested case that
1-11     require action by or the attendance of an attorney, including
1-12     appeals but excluding temporary restraining orders.
1-13           (b)  Except as provided by Subsection (c), at any time within
1-14     30 days of a date when the legislature is to be in session, at any
1-15     time during a legislative session, or when the legislature sits as
1-16     a constitutional convention, the court or state agency on
1-17     application shall continue a case in which a party applying for the
1-18     continuance or the attorney for that party is a member of the
1-19     legislature and will be or is attending a legislative session.  The
1-20     court or state agency shall continue the case until 30 days after
1-21     the date on which the legislature adjourns.
1-22           (c)  If the attorney for a party to the suit [case] is a
1-23     member of the legislature who was employed within 10 days before
1-24     the date on which  the suit is set for trial, the continuance is
 2-1     discretionary with the court.  If the attorney for a party to a
 2-2     contested case under Chapter 2001, Government Code, is a member of
 2-3     the legislature who was employed within five days before the date
 2-4     on which the contested case is set for a hearing or within 10 days
 2-5     before the date on which a contested case in which a hearing has
 2-6     been held is scheduled to be considered for a final order or
 2-7     decision, the continuance is discretionary with the state agency.
 2-8           (d)  The party seeking the continuance must file with the
 2-9     court or state agency an affidavit stating the grounds for the
2-10     continuance.  The affidavit is proof of the necessity for a
2-11     continuance.  The affidavit need not be corroborated.
2-12           (e)  If the member of the legislature is an attorney for a
2-13     party, the affidavit must contain a declaration that it is the
2-14     attorney's intention to participate actively in the preparation or
2-15     presentation of the case and that the attorney has not taken the
2-16     case  for the purpose of obtaining a continuance under this
2-17     section.
2-18           (f)  The continuance provided by Subsection (b) is one of
2-19     right and may not be charged against the party receiving it on any
2-20     subsequent application for continuance.
2-21           (g)  In a contested case regarding a matter in which a state
2-22     agency is required by state law to decide a matter within a
2-23     prescribed amount of time, the deadline for decision is extended by
2-24     the number of days during which the case is continued under this
2-25     section.
2-26           SECTION 2.  The importance of this legislation and the
2-27     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended.