SRC-AAA H.B. 1193 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1193
By: Rhodes (Armbrister)
Jurisprudence
5-1-97
Engrossed


DIGEST 

Currently, Section 13.003 of the Civil Practice and Remedies Code provides
that an appellant who has filed an affidavit of inability to pay for the
cost of an appeal may receive the statement of facts of the trial court
proceeding without cost if the appeal is proven to not be frivolous, and
the statement of facts is needed to decide the issue presented by the
appeal.  However, Section 13.003 does not apply to transcripts of trial
court proceedings. H.B. 1193 requires transcripts only to be provided to
appellants unable to pay for an appeal if the appeal is not frivolous and
the transcript is needed to decide the issue presented by the appeal. 

PURPOSE

As proposed, H.B. 1193 requires transcripts only to be provided to
appellants unable to pay for an appeal if the appeal is not frivolous and
the transcript is needed to decide the issue presented by the appeal. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 13.003, Civil Practice and Remedies Code, by
amending Subsection (a) and adding Subsection (c), to require a clerk of
the court to prepare a transcript for an appeal, subject to Subsection
(c), only if the trial judge finds the clerk's transcript is needed to
decide the issue.  Authorizes a trial judge to order a court to prepare a
transcript, or any part, necessary for making the determination required
by Subsection (a)(2). 

SECTION 2. Effective date:  September 1, 1997. 
  Makes application of this Act prospective.

SECTION 3. Emergency clause.