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.