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.