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
Section: 24.001 26.001 26.002 26.003 26.051 30.001 30.002 30.003 30.004 30.005 30.007 30.008 30.009 30.010 30.011
§ 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