1-1 By: Rhodes (Senate Sponsor - Armbrister) H.B. No. 1193
1-2 (In the Senate - Received from the House April 18, 1997;
1-3 April 22, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 6, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 6, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to free trial transcripts for appeals in which an
1-9 affidavit of inability to pay costs has been filed.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 13.003, Civil Practice and Remedies Code,
1-12 is amended by amending Subsection (a) and adding Subsection (c) to
1-13 read as follows:
1-14 (a) Subject to Subsection (c), a [A] court reporter shall
1-15 provide without cost a [transcript of the] statement of facts and a
1-16 clerk of a court shall prepare a transcript for appealing a
1-17 judgment from the court only if:
1-18 (1) an affidavit of inability to pay the cost of the
1-19 appeal has been filed under the Texas Rules of Appellate Procedure;
1-20 and
1-21 (2) the trial judge finds:
1-22 (A) the appeal is not frivolous; and
1-23 (B) the statement of facts and the clerk's
1-24 transcript is needed to decide the issue presented by the appeal.
1-25 (c) The trial judge may order a clerk of a court to prepare
1-26 a transcript, or any part of the transcript, necessary for making
1-27 the determination required by Subsection (a)(2).
1-28 SECTION 2. (a) This Act takes effect September 1, 1997.
1-29 (b) This Act applies only to an appeal filed on or after the
1-30 effective date of this Act. An appeal filed before the effective
1-31 date of this Act is governed by the law in effect immediately
1-32 before the effective date of this Act and that law is continued in
1-33 effect for that purpose.
1-34 SECTION 3. The importance of this legislation and the
1-35 crowded condition of the calendars in both houses create an
1-36 emergency and an imperative public necessity that the
1-37 constitutional rule requiring bills to be read on three several
1-38 days in each house be suspended, and this rule is hereby suspended.
1-39 * * * * *