1-1 By: Turner S.B. No. 820
1-2 (In the Senate - Filed March 10, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 20, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 20, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 820 By: Henderson
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to free transcripts of statements of facts for appeals in
1-20 which an affidavit of inability to pay costs has been filed.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 13, Civil Practice and Remedies Code, is
1-23 amended by adding Section 13.003 to read as follows:
1-24 Sec. 13.003. FREE TRANSCRIPT OF STATEMENT OF FACTS ON
1-25 APPEAL. (a) A court reporter shall provide without cost a
1-26 transcript of the statement of facts for appealing a judgment from
1-27 the court only if:
1-28 (1) an affidavit of inability to pay the cost of the
1-29 appeal has been filed in the appellate court under the Texas Rules
1-30 of Appellate Procedure; and
1-31 (2) the trial judge or a judge of the appellate court
1-32 certifies to the clerk on application filed by the person seeking
1-33 the transcript that:
1-34 (A) the appeal is not frivolous; and
1-35 (B) the transcript of the statement of facts is
1-36 needed to decide the issue presented by the appeal.
1-37 (b) In determining whether an appeal is frivolous, a judge
1-38 may consider whether the appellant has presented a substantial
1-39 question for appellate review.
1-40 (c) Notwithstanding Section 22.004, Government Code, this
1-41 section may not be modified or repealed by a rule adopted by the
1-42 supreme court.
1-43 SECTION 2. (a) This Act takes effect September 1, 1993.
1-44 (b) This Act applies only to an appeal filed on or after the
1-45 effective date of this Act. An appeal filed before the effective
1-46 date of this Act is governed by the law in effect immediately
1-47 before the effective date of this Act, and that law is continued in
1-48 effect for that purpose.
1-49 SECTION 3. The importance of this legislation and the
1-50 crowded condition of the calendars in both houses create an
1-51 emergency and an imperative public necessity that the
1-52 constitutional rule requiring bills to be read on three several
1-53 days in each house be suspended, and this rule is hereby suspended.
1-54 * * * * *
1-55 Austin,
1-56 Texas
1-57 April 20, 1993
1-58 Hon. Bob Bullock
1-59 President of the Senate
1-60 Sir:
1-61 We, your Committee on Jurisprudence to which was referred S.B. No.
1-62 820, have had the same under consideration, and I am instructed to
1-63 report it back to the Senate with the recommendation that it do not
1-64 pass, but that the Committee Substitute adopted in lieu thereof do
1-65 pass and be printed.
1-66 Henderson,
1-67 Chairman
1-68 * * * * *
2-1 WITNESSES
2-2 FOR AGAINST ON
2-3 ___________________________________________________________________
2-4 Name: Adrian Young x x
2-5 Representing: Attorney General
2-6 City: Austin
2-7 -------------------------------------------------------------------
2-8 Name: William "Buddy" Power x
2-9 Representing: Cty. Judges & Commis. Assoc.
2-10 City: Marshall
2-11 -------------------------------------------------------------------
2-12 Name: Jim Allison x
2-13 Representing: Cty Jdg's & Commis. Assoc.
2-14 City: Austin
2-15 -------------------------------------------------------------------
2-16 Name: Sharon Felfe x
2-17 Representing: Tx Attorney General
2-18 City: Austin
2-19 -------------------------------------------------------------------
2-20 Name: Suzanne Donovan x
2-21 Representing: Tx Resource Center
2-22 City: Austin
2-23 -------------------------------------------------------------------