By Place                                              H.B. No. 1391
       74R4103 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to free trial transcripts for appeals in which an
    1-3  affidavit of inability to pay costs has been filed.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 13.003(a), Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7        (a)  A court reporter or clerk of a court shall provide
    1-8  without cost a transcript of the statement of facts for appealing a
    1-9  judgment from 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        SECTION 2.  (a)  This Act takes effect September 1, 1995.
   1-18        (b)  This Act applies only to an appeal filed on or after the
   1-19  effective date of this Act.  An appeal filed before the effective
   1-20  date of this Act is governed by the law in effect immediately
   1-21  before the effective date of this Act and that law is continued in
   1-22  effect for that purpose.
   1-23        SECTION 3.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.
    2-4                       COMMITTEE AMENDMENT NO. 1
    2-5        Amend HB 1391 as follows:
    2-6        In SECTION 1 (a), line 8, between transcript and statement of
    2-7  facts, strike "of the" and substitute "or".
    2-8                                                     Hunter of Nueces