By:  Place                                             H.B. No. 905
       73R3980 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to free trial transcripts for appeals in which an
    1-3  affidavit of inability to pay costs has been filed.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 13, Civil Practice and Remedies Code, is
    1-6  amended by adding Section 13.003 to read as follows:
    1-7        Sec. 13.003.  FREE TRIAL TRANSCRIPT ON APPEAL.  (a)  A clerk
    1-8  of a court may provide a trial transcript without cost to a person
    1-9  appealing a judgment from the court only if:
   1-10              (1)  an affidavit of inability to pay the cost of the
   1-11  appeal has been filed in the appellate court under the Texas Rules
   1-12  of Appellate Procedure; and
   1-13              (2)  the trial judge or a judge of the appellate court
   1-14  certifies to the clerk on application filed by the person seeking
   1-15  the transcript that:
   1-16                    (A)  the appeal is not frivolous; and
   1-17                    (B)  the transcript is needed to decide the issue
   1-18  presented by the appeal.
   1-19        (b)  In determining whether an appeal is frivolous, a judge
   1-20  may consider whether the appellant has presented a substantial
   1-21  question for appellate review.
   1-22        (c)  Notwithstanding Section 22.004, Government Code, this
   1-23  section may not be modified or repealed by a rule adopted by the
   1-24  supreme court.
    2-1        SECTION 2.  (a)  This Act takes effect September 1, 1993.
    2-2        (b)  This Act applies only to an appeal filed on or after the
    2-3  effective date of this Act.  An appeal filed before the effective
    2-4  date of this Act is governed by the law in effect immediately
    2-5  before the effective date of this Act and that law is continued in
    2-6  effect for that purpose.
    2-7        SECTION 3.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended.