By: Turner S.B. No. 820
A BILL TO BE ENTITLED
AN ACT
1-1 relating to free transcripts of statements of facts for appeals in
1-2 which an affidavit of inability to pay costs has been filed.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 13, Civil Practice and Remedies Code, is
1-5 amended by adding Section 13.003 to read as follows:
1-6 Sec. 13.003. FREE TRANSCRIPT OF STATEMENT OF FACTS ON
1-7 APPEAL. (a) A court reporter shall provide without cost a
1-8 transcript of the statement of facts for appealing a judgment from
1-9 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 of the statement of facts is
1-18 needed to decide the issue 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1-23 section may not be modified or repealed by a rule adopted by the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.