S.B. No. 820
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 under the Texas Rules of Appellate Procedure;
1-12 and
1-13 (2) the trial judge finds:
1-14 (A) the appeal is not frivolous; and
1-15 (B) the statement of facts is needed to decide
1-16 the issue presented by the appeal.
1-17 (b) In determining whether an appeal is frivolous, a judge
1-18 may consider whether the appellant has presented a substantial
1-19 question for appellate review.
1-20 SECTION 2. (a) This Act takes effect September 1, 1993.
1-21 (b) This Act applies only to an appeal filed on or after the
1-22 effective date of this Act. An appeal filed before the effective
1-23 date of this Act is governed by the law in effect immediately
1-24 before the effective date of this Act, and that law is continued in
2-1 effect for that purpose.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.