Amend the Wolens amendment to CSHB 1606 as follows:
(1) On page 65 of the amendment, strike lines 11 and 12 and
substitute the following:
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 Subsection (b) and adding
Subsections (b-1), (b-2), and (g) to read as follows:
(b) Except as provided by Subsection (b-2) [Subsections (c)
and (c-1)], at any time within 30 days of a date when the
legislature is to be or was in session, at any time during a
legislative session, or when the legislature sits as a
constitutional convention, the court on application shall continue
a case in which:
(1) the [a] party applying for the continuance or the
attorney for that party is a member or member-elect of the
legislature and will be or is attending a legislative session; and
(2) if the member or member-elect of the legislature is
the attorney for a party, the party or the attorney shows in the
affidavit under Subsection (d) that:
(A) the member or member-elect was the party's
attorney of record at the time of the party's first appearance in
the court of record;
(B) the member or member-elect was hired before
the earlier of:
(i) the date of the general election
preceding the legislative session for which the continuance is
sought; or
(ii) the 90th day before the date of the
trial setting for which the continuance is sought; or
(C) the member or member-elect is substituted as
the sole attorney of record for a party.
(b-1) The court shall continue the case until at least 30 days
after the date on which the legislature adjourns.
(b-2) Subsections (b)(2)(A), (B), and (C) do not apply to a
member or member-elect of the legislature acting as an attorney in a
criminal or family law matter.
(2) On page 65 of the amendment, between lines 18 and
19, insert the following new section, appropriately numbered, and
renumber the subsequent sections of Article 5 accordingly:
SECTION 5._____. Section 30.003(c), Civil Practice and
Remedies Code, as amended by SB 430, Acts of the 78th Legislature,
Regular Session, 2003, and Section 30.003 (c-1), Civil Practice and
Remedies Code, as added by SB 430, Acts of the 78th Legislature,
Regular Session, 2003, are repealed.