S.B. 430 78(R)    BILL ANALYSIS


S.B. 430
By: Hinojosa
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.   

S.B. 430 extends the time for which the granting of a legislative
continuance is discretionary with the court from 10 days to 30 days before
the trial date for a civil case, and 15 days before the trial date for a
criminal case.  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

S.B. 430 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.   

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. 

EFFECTIVE DATE

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