HBA-DMD H.B. 2182 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2182
By: Dutton
State Affairs
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

Under current Texas law, there is a legislative continuance in any criminal
or civil suit, including matters of probate, and to any matter ancillary to
the suit that require action by or the attendance of an attorney. H.B. 2182
requires a state agency to continue a case in which a party applying for
the continuance or the attorney for that party is a member of the
legislature and will be or is attending a legislative session, with certain
exceptions. This bill provides that if the attorney for a party to a
contested case is a member of the legislature who was employed within a
specified time period before a contested case is scheduled for trial, the
continuance is at the discretion of the court, whereas if within a
specified time period before the contested case is to be considered for a
final order or decision, the continuance is at the discretion of the state
agency. This bill also provides that in a contested case regarding a matter
in which a state agency is required by state law to decide a matter within
a prescribed amount of time, the deadline for decision is extended by the
number of days during which the case is continued under this section.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30.003, Civil Practice and Remedies Code, as
follows: 

Sec. 30.003. LEGISLATIVE CONTINUANCE. (a) Includes a contested case under
Chapter 2001 (Administrative Procedure), Government Code, among the
criminal or civil suits to which this section applies. Makes a conforming
change.  

(b) Includes a state agency among those that are required on application to
continue a case in which a party applying for the continuance or the
attorney for that party is a member of the legislature and will be or is
attending a legislative session, with certain exceptions. Makes a
conforming change.  

(c) Provides that if the attorney for a party to the suit, rather than
case, is a member of the legislature who was employed within 10 days before
the date on which  the suit is set for trial, the continuance is at the
discretion of the court. Provides that if the attorney for a party to a
contested case under Chapter 2001, Government Code, is a member of the
legislature who was employed within five days before the date on which the
contested case is set for a hearing or within 10 days before the date on
which a contested case in which a hearing has been held is scheduled to be
considered for a final order or decision, the continuance is at the
discretion of the state agency.  

(d) Makes a conforming change.

(e) Makes no change.

(f) Makes no change.

 (g) Provides that in a contested case regarding a matter in which a state
agency is required by state law to decide a matter within a prescribed
amount of time, the deadline for decision is extended by the number of days
during which the case is continued under this section.  

SECTION 2.Emergency clause.
  Effective date: 90 days after adjournment.