KJG H.B. 1193 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 1193 By: Rhodes 3-6-97 Committee Report (Unamended) BACKGROUND Currently, 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, 13.003 does not apply to transcripts of trial court proceedings. PURPOSE To require that transcripts only 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 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 Section 13.003(a), Civil Practice and Remedies Code, by adding court transcripts to the provision previously only applicable to statements of facts and requiring a trial judge must find that the transcript is essential to the appeal in order for it to be provided without cost to the indigent appellant. SECTION 2. Effective date: September 1, 1997. Applies prospectively; savings clause. SECTION 3. Emergency clause.