C.S.H.B. 475 78(R)    BILL ANALYSIS


C.S.H.B. 475
By: Eiland
State Affairs
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Section 30.003 of the Civil Practices and Remedies Code establishes
procedures whereby an attorney who is a member of the Legislature may seek
and obtain a legislative continuance of a case in which the attorney is
providing representation.  The current procedures for a legislative
continuance have been criticized as unfair to the opposing party in a
lawsuit because a legislator may be hired and receive a continuance
shortly before a trial is scheduled to begin.  The purpose of C.S.H.B. 475
is to modify procedures for seeking and obtaining a legislative
continuance to make the process more equitable for all parties to the
litigation. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
institution, or agency. 

ANALYSIS

C.S.H.B. 475 amends Section 30.003, Civil Practices and Remedies Code, to
provide, with certain exceptions, that if a trial date has been set in a
suit and a legislative continuance is sought, the continuance is
discretionary with the court unless the application for the continuance is
filed with the court on or before the earlier of: 
_the 30th day after the date on which the court sets the date for the
trial to begin; or 
_the 90th day before the date set for the trial to begin.

C.S.H.B. 475 also provides procedures for determining when a newly-elected
member of the Legislature may seek and obtain a legislative continuance. 

C.S.H.B. 475 establishes certain exceptions to the provisions described
above.  The provisions do not apply:  
_to an action under the Family Code;
_in a civil suit if the application for a legislative continuance is filed
on or before the 10th day after the date the suit is initially filed with
the court; and 
_in a criminal case if the application for a legislative continuance is
filed on or before the 10th day after the date of the defendant's first
court appearance. 

C.S.H.B. 475 provides that, except as otherwise provided by Section
30.003, Civil Practices and Remedies Code, the continuance is one of
right. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  The Act applies only to an application or
request for a continuance made on or after the effective date of the Act. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 475 adds new language exempting actions under the Family Code
from certain provisions of Section 30.003 that describe the circumstances
under which granting an application for a legislative continuance is
discretionary with the court.