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.