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.