H.B. 1084 78(R)    BILL ANALYSIS


H.B. 1084
By: Rose
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law requires a court to grant a continuance in a case in which a
member of the legislature is either a party to the case or an attorney for
a party.  This continuance applies from 30 days before the legislature is
expected to be in session to 30 days after the legislature adjourns.
Granting this continuance is discretionary only if a legislator-attorney
for a party is employed within 10 days before the date the case is set for
trial.   

Concerns have arisen over cases where litigants have sought to delay a
trial by hiring a member of the legislature as an attorney for the purpose
of securing the legislative continuance.   

H.B. 1084 extends the time for which the granting of a legislative
continuance discretionary with the court from 10 days to 30 days before
the trial date.  The bill also clarifies that a legislative continuance is
available to a member-elect as well as a member of the legislature.  

RULEMAKING AUTHORITY

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

ANALYSIS

H.B. 1084 amends the Civil Practice and Remedies Code to provide that the
provisions for a legislative continuance apply to members-elect of the
legislature. 

The bill also provides that if the attorney for a party to a case is a
member or member-elect of the legislature who was employed on or after the
30th day before the date on which a suit is set for trial, the granting of
a legislative continuance is discretionary with the court. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003.