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Texas Civil Practice & Remedies Code - Section 30.003. Legislative Continuance

Legal Research Home > Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 30.003. Legislative Continuance

§ 30.003. LEGISLATIVE CONTINUANCE.  (a) This section 
applies to any criminal or civil suit, including matters of 
probate, and to any matters ancillary to the suit that require 
action by or the attendance of an attorney, including appeals but 
excluding temporary restraining orders.
	(b)  Except as provided by Subsections (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 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 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.
	(d)  The party seeking the continuance must file with the 
court 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)  If the attorney for a party seeking a continuance under 
this section is a member or member-elect of the legislature, the 
attorney shall file a copy of the application for a continuance with 
the Texas Ethics Commission.  The copy must be sent to the 
commission not later than the third business day after the date on 
which the attorney files the application with the court.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1991, 72nd Leg., ch. 304, § 3.13, eff. Jan. 1, 1992;  Acts 
2003, 78th Leg., ch. 9, § 1, eff. April 24, 2003;  Acts 2003, 78th 
Leg., ch. 249, § 5.09, eff. Sept. 1, 2003.

Last modified: August 11, 2007