Amend the Wolens amendment to CSHB 1606 by striking lines
11-12 on page 65 and substituting:
SECTION 5.09. Section 30.003, Civil Practice and Remedies
Code, as amended by SB 430, Acts of the 78th Legislature, Regular
Session, 2003, is amended by amending Subsections (c), (c-1), and
(f) and adding Subsections (c-2) and (c-3) to read as follows:
(c) Except in an action under the Family Code or as provided
by Subsections [Subsection] (c-1) [,] or (c-2), if a trial date has
been set in the suit and the continuance is sought on the ground
that an [the] attorney for a party to the case is a member [or
member-elect] of the legislature [who was employed on or after the
30th day before the date on which the suit is set for trial], the
continuance is discretionary with the court unless an application
for the continuance identifying the attorney who is a member of the
legislature is filed with the court on or before the 30th day after
the date on which the court sets the date for the trial to begin.
(c-1) Except in an action under the Family Code, if a trial
date has been set in the suit and the continuance is sought because
an attorney for a party is a member of the legislature and the
attorney was not a member of the legislature for the 90 days
immediately preceding the date on which the application for the
continuance is filed, the continuance is discretionary with the
court unless the attorney was employed on or before the 30th day
after the date on which the court sets the date for the trial to
begin, regardless of whether the attorney was a member of the
legislature at that time. [If the attorney for a party to any
criminal case is a member or member-elect of the legislature who was
employed on or after the 15th day before the date on which the suit
is set for trial, the continuance is discretionary with the court.]
(c-2) Subsections (c) and (c-1) do not apply in a civil suit
if an application for the continuance identifying the attorney who
is a member of the legislature is filed with the court on or before
the 10th day after the date the suit is initially filed with the
court.
(c-3) Subsections (c) and (c-1) do not apply in a criminal
case if an application for the continuance identifying the attorney
who is a member of the legislature is filed with the court on or
before the 10th day after the date of the defendant's first court
appearance in the case.
(f) Except as otherwise provided by this section, the [The]
continuance provided by Subsection (b) is one of right. A
continuance granted under this section, including a discretionary
continuance, [and] may not be charged against the party receiving
it on any subsequent application for continuance.