HBA-KDB H.B. 870 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 870
By: Dutton
State Affairs
3/7/2001
Introduced



BACKGROUND AND PURPOSE 

Current Texas law provides for a legislative continuance in any criminal or
civil suit, including matters of probate, and to any matter ancillary to
the suit that requires action by or the attendance of any attorney who is a
member of the legislature.  At any time within 30 days of a date the
legislature is in session, any time during a legislative session, or when
the legislature sits as a constitutional convention, courts are required 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.  In such an instance, the court is
required to continue the case until 30 days after the date on which the
legislature adjourns.  Currently, no similar provision exists to continue
administrative proceedings when an attorney or person who is a party to the
proceedings is a member of the legislature.  House Bill 870 extends the
continuance provision to cover the contested cases before state agencies. 

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. 

ANALYSIS

House Bill 870 amends the Civil Practice and Remedies Code to provide that
legislative continuance applies to a contested case.  The bill provides
that if the attorney for a party to a contested case 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 discretionary
with the state agency.  The bill 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 to 30 days after the legislature adjourns. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.