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in the action. 1-11 (b) Notwithstanding Section 22.004, Government Code, this 1-12 section may not be modified or repealed by a rule adopted by the 1-13 supreme court. 1-14 SECTION 2.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.