By:  Hinojosa                                                     S.B. No. 430
	(In the Senate - Filed February 10, 2003; February 17, 2003, 
read first time and referred to Committee on Jurisprudence; 
March 24, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 6, Nays 0; March 24, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 430                                    By:  Gallegos


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) and (c) and adding 
Subsection (c-1) to read as follows:
	(b)  Except as provided by Subsections [Subsection] (c) and 
(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 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)  Except as provided by Subsection (c-1), if [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.
	(c-1)  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.
	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.



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