78R10998 JSA-D
By: Eiland H.B. No. 475
Substitute the following for H.B. No. 475:
By: Madden C.S.H.B. No. 475
A BILL TO BE ENTITLED
AN ACT
relating to the availability of a legislative continuance in a
judicial matter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.003, Civil Practice and Remedies
Code, is amended by amending Subsections (b), (c), and (f) and
adding Subsections (c-1), (c-2), and (c-3) to read as follows:
(b) Except as provided by Subsection (c) or (c-1), 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 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 shall continue the case until 30 days after the date on which
the legislature adjourns.
(c) Except in an action under the Family Code or as provided
by Subsections (c-1), (c-2), or (c-3), if a trial date has been set
in the suit and the continuance is sought on the ground that an [If
the] attorney for a party to the 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
unless an application for the continuance identifying the attorney
who is a member of the legislature is filed with the court on or
before the earlier of:
(1) the 30th day after the date on which the court sets
the date for the trial to begin; or
(2) the 90th day before the date set for the trial to
begin.
(c-1) Except in an action under the Family Code, if a trial
date has been set in the suit and the continuance is sought because
an attorney for a party is a member of the legislature and the
attorney was not a member of the legislature for the 90 days
immediately preceding the date on which the application for the
continuance is filed, the continuance is discretionary with the
court unless the attorney was employed on or before the earlier of
the following dates, regardless of whether the attorney was a
member of the legislature at that time:
(1) the 30th day after the date on which the court sets
the date for the trial to begin; or
(2) the 90th day before the date set for the trial to
begin.
(c-2) Subsections (c) and (c-1) do not apply in a civil suit
if an application for the continuance identifying the attorney who
is a member of the legislature is filed with the court on or before
the 10th day after the date the suit is initially filed with the
court.
(c-3) Subsections (c) and (c-1) do not apply in a criminal
case if an application for the continuance identifying the attorney
who is a member of the legislature is filed with the court on or
before the 10th day after the date of the defendant's first court
appearance in the case.
(f) Except as otherwise provided by this section, the [The]
continuance provided by Subsection (b) is one of right. A
continuance granted under this section, including a discretionary
continuance, [and] may not be charged against the party receiving
it on any subsequent application for continuance.
SECTION 2. The change in law made by this Act applies only
to an application or request for a continuance under Section
30.003, Civil Practice and Remedies Code, as amended by this Act,
that is made on or after the effective date of this Act. An
application or request for a continuance under Section 30.003,
Civil Practice and Remedies Code, made before the effective date of
this Act is governed by the law in effect when the application or
request is made, and the former law is continued in effect for that
purpose.
SECTION 3. 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.