By: Hilderbran H.B. No. 2613
73R5447 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a court clerk's authority to contest an affidavit of
1-3 inability to file costs.
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. CLERK OF COURT MAY CONTEST. (a) The clerk of
1-8 a court in which an affidavit of inability to pay costs under Rule
1-9 145, Texas Rules of Civil Procedure, has been filed may contest the
1-10 affidavit in the same manner as a defendant in the action.
1-11 (b) Notwithstanding Section 22.004, Government Code, this
1-12 section may not be modified or repealed by a rule adopted by the
1-13 supreme court.
1-14 SECTION 2. This Act takes effect September 1, 1993, and
1-15 applies only to an affidavit of inability to pay costs filed on or
1-16 after the effective date of this Act. An affidavit of inability to
1-17 pay costs filed before the effective date of this Act is governed
1-18 by the law in effect at the time the affidavit was filed, and that
1-19 law is continued in effect for that purpose.
1-20 SECTION 3. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.