78R1137 MTB-D

By:  Dutton                                                       H.B. No. 352



A BILL TO BE ENTITLED

AN ACT

relating to a legislative continuance of a contested case before a 
state agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 30.003, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 30.003.  LEGISLATIVE CONTINUANCE.  (a)  This section 
applies to any criminal or civil suit, including matters of 
probate, to a contested case under Chapter 2001, Government Code,
and to any matters ancillary to the suit or contested case that 
require action by or the attendance of an attorney, including 
appeals but excluding temporary restraining orders.
	(b)  Except as provided by Subsection (c), at any time within 
30 days of a date when the legislature is to be in session, at any 
time during a legislative session, or when the legislature sits as a 
constitutional convention, the court or state agency on application 
shall continue a case in which a party applying for the continuance 
or the attorney for that party is a member of the legislature and 
will be or is attending a legislative session.  The court or state 
agency shall continue the case until 30 days after the date on which 
the legislature adjourns.
	(c)  If the attorney for a party to the suit [case] is a 
member of the legislature who was employed within 10 days before the 
date on which the suit is set for trial, the continuance is 
discretionary with the court. If the attorney for a party to a 
contested case under Chapter 2001, Government Code, is a member of 
the legislature who was employed within five days before the date on 
which the contested case is set for a hearing or within 10 days 
before the date on which a contested case in which a hearing has 
been held is scheduled to be considered for a final order or 
decision, the continuance is discretionary with the state agency.
	(d)  The party seeking the continuance must file with the 
court or state agency an affidavit stating the grounds for the 
continuance.  The affidavit is proof of the necessity for a 
continuance.  The affidavit need not be corroborated.
	(e)  If the member of the legislature is an attorney for a 
party, the affidavit must contain a declaration that it is the 
attorney's intention to participate actively in the preparation or 
presentation of the case and that the attorney has not taken the 
case for the purpose of obtaining a continuance under this section.
	(f)  The continuance provided by Subsection (b) is one of 
right and may not be charged against the party receiving it on any 
subsequent application for continuance.
	(g)  In a contested case regarding a matter in which a state 
agency is required by state law to decide a matter within a 
prescribed amount of time, the deadline for decision is extended by 
the number of days during which the case is continued under this 
section.
	SECTION 2.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.