By Rhodes                                             H.B. No. 1193

                                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, Civil Practice and Remedies Code,

 1-6     is amended by amending Subsection (a) and adding Subsection (c) to

 1-7     read as follows:

 1-8           (a)  Subject to Subsection (c), a [A] court reporter shall

 1-9     provide without cost a [transcript of the] statement of facts and a

1-10     clerk of a court shall prepare a transcript for appealing a

1-11     judgment from the court only if:

1-12                 (1)  an affidavit of inability to pay the cost of the

1-13     appeal has been filed under the Texas Rules of Appellate Procedure;

1-14     and

1-15                 (2)  the trial judge finds:

1-16                       (A)  the appeal is not frivolous; and

1-17                       (B)  the statement of facts and the clerk's

1-18     transcript is needed to decide the issue presented by the appeal.

1-19           (c)  The trial judge may order a clerk of a court to prepare

1-20     a transcript, or any part of the transcript, necessary for making

1-21     the determination required by Subsection (a)(2).

1-22           SECTION 2.  (a)  This Act takes effect September 1, 1997.

1-23           (b)  This Act applies only to an appeal filed on or after the

1-24     effective date of this Act.  An appeal filed before the effective

 2-1     date of this Act is governed by the law in effect immediately

 2-2     before the effective date of this Act and that law is continued in

 2-3     effect for that purpose.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.