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A BILL TO BE ENTITLED
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AN ACT
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relating to abolition of the statutory legislative continuance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The following statutes are repealed: |
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(1) Section 30.003, Civil Practice and Remedies Code; |
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and |
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(2) Section 84.005, Family Code. |
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SECTION 2. Section 572.0251, Government Code, is amended to |
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read as follows: |
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Sec. 572.0251. INFORMATION ABOUT LEGISLATIVE CONTINUANCES. |
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A member or member-elect of the legislature licensed to practice |
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law in this state who represents a party to a civil or criminal case |
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for compensation and on that party's behalf applies for or obtains a |
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legislative continuance under a [Section 30.003, Civil Practice and
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Remedies Code, or under another] law or rule that requires or |
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permits a court to grant a continuance on the grounds that an |
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attorney for a party is a member or member-elect of the legislature |
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shall report on the financial statement: |
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(1) the name of the party represented; |
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(2) the date on which the member or member-elect was |
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retained to represent the party; |
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(3) the style and cause number of the action in which |
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the continuance was sought and the court and jurisdiction in which |
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the action was pending when the continuance was sought; |
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(4) the date on which the member or member-elect |
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applied for a continuance; and |
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(5) whether the continuance was granted. |
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SECTION 3. Article 26.06, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 26.06. ELECTED OFFICIALS NOT TO BE APPOINTED. No court |
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may appoint an elected county, district or state official to |
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represent a person accused of crime, unless the official has |
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notified the court of the official's [his] availability for |
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appointment. If an official has notified the court of the |
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official's [his] availability and is appointed as counsel, the |
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official [he] may decline the appointment if the official [he] |
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determines that it is in the best interest of the official's [his] |
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office to do so. [Nothing in this Code shall modify any statutory
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provision for legislative continuance.] |
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SECTION 4. The change in law made by this Act does not apply |
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to a legislative continuance for which an application or request |
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was made to the court before the effective date of this Act. A |
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continuance for which an application or request was made to the |
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court before the effective date of this Act is governed by the law |
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in effect when the application or request was made, and the former |
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law is continued in effect for purposes of a continuance granted |
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pursuant to that application or request. |
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SECTION 5. This Act takes effect September 1, 2007. |