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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1193 was passed by the House on April
17, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1193 was passed by the Senate on May
15, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor