§ 30.003.Legislative Continuance

The legislative continuance, and it is one of the few continuances in Texas law available as of right.

The chapter applies broadly — any criminal or civil suit, including matters of probate, and any ancillary matter requiring an attorney's action or attendance, including appeals but excluding temporary restraining orders.

The right: at any time within 30 days of a date when the legislature is to be in session, during a session, or when the legislature sits as a constitutional convention, the court on application shall continue a case in which a party or the party's attorney is a member or member-elect of the legislature and will be attending. The continuance runs until 30 days after the legislature adjourns.

The anti-abuse provisions are the interesting part. If the legislator-attorney was employed on or after the 30th day before trial, the continuance is discretionary — and for a criminal case, the trigger is the 15th day before trial. Hiring a legislator on the eve of trial does not produce an automatic delay.

Subsection (e) adds a declaration requirement. Where the legislator is an attorney, the affidavit must declare an intention to participate actively in the preparation or presentation, and that the attorney has not taken the case for the purpose of obtaining a continuance.

Subsection (d): the affidavit is proof of the necessity and need not be corroborated. Subsection (f): the continuance is one of right and may not be charged against the party on any subsequent continuance application.

Subsection (g) adds transparency: the legislator-attorney must file a copy of the application with the Texas Ethics Commission within three business days.