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78R4942 JSA-D
By: Gutierrez H.B. No. 2711
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. Sections 30.003(b) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(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 on application shall continue
a case in which a party applying for the continuance or the attorney
for that party is a member or member-elect 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) If the attorney for a party to the case is a member or
member-elect of the legislature who was employed on or after the
30th day [within 10 days] before the date on which the suit is set
for trial, the continuance is discretionary with the court.
SECTION 2. The change in law made by this Act applies only
to an application for a continuance under Section 30.003, Civil
Practice and Remedies Code, that is made on or after the effective
date of this Act. An application for a continuance under Section
30.003, Civil Practice and Remedies Code, that is made before the
effective date of this Act is covered by the law in effect when the
application or request was 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.