BILL ANALYSIS



H.B. 1391
By: Place
May 6, 1995
Committee Report (Amended)


BACKGROUND

Current law, Rule 40, Rules of Appellate Procedure, provides that
(c) any interested officer of the court or party to the suit may
file a contest to the affidavit of inability to pay costs of appeal
and (d) the burden of proof at the hearing of the contest shall
rest upon the appellant to sustain the allegations of the
affidavit. As the rule stands now, if the appellant can prove he is
a pauper, they may have their free transcript even if the lawsuit
is frivolous or has no substantial question for appellate review.
Many times the clerk spends a lot of time preparing the transcript
and it is dismissed by the appellate court shortly after it is
filed.

PURPOSE

If enacted, H.B. 1391 will require the clerk of the court to
prepare a transcript, when an affidavit of inability to pay the
costs of an appeal is filed, only after the trial judge of the
appellate court certifies to the clerk that the appeal is not
frivolous and there is a substantial question for appellate review.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1.     Amends Sec. 13.003(a), Civil Practice and
                    Remedies Code, by adding clerk of a court to
                    those who shall supply a transcript or
                    statement of facts for appealing a judgement
                    from the court.

     SECTION 2.     (a) Effective Date - September 1, 1995.
           (b) Applies only to an appeal filed on or after the
           effective date.

     SECTION 3.     Emergency clause.


EXPLANATION OF AMENDMENTS

In section 1 (a), line 8, between transcript and statement of
facts, strike "of the" and substitute "or".

SUMMARY OF COMMITTEE ACTION

H.B. 1391 was considered in a public hearing on April 12, 1995 by
the Committee on Civil Practices. The following individuals
testified in support of the bill: Amalia Rodriguez-Mendoza,
representing the County and District Clerks Association of Texas.
No one testified in opposition to or neutrally on the bill. The
chair left the bill pending. H.B. 1391 was considered by the
committee in a public hearing on May 3, 1995. The committee
considered an amendment to the bill. The amendment to the bill was
adopted without objection. H.B. 1391 was reported favorably, as
amended with the recommendation that it do pass and be printed, by
a record vote of seven ayes, zero nays, zero pnv and two absent.