By Hawley                                       H.B. No. 1440

      75R3505 DLF-F                           

                                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(a), Civil Practice and Remedies

 1-6     Code, is amended to read as follows:

 1-7           (a)  A court reporter shall provide without cost a

 1-8     [transcript of the] statement of facts and a clerk of a court shall

 1-9     prepare a transcript for appealing a judgment from the court only

1-10     if:

1-11                 (1)  an affidavit of inability to pay the cost of the

1-12     appeal has been filed under the Texas Rules of Appellate Procedure;

1-13     and

1-14                 (2)  the trial judge finds:

1-15                       (A)  the appeal is not frivolous; and

1-16                       (B)  the statement of facts and the clerk's

1-17     transcript is needed to decide the issue presented by the appeal.

1-18           SECTION 2.  (a)  This Act takes effect September 1, 1997.

1-19           (b)  This Act applies only to an appeal filed on or after the

1-20     effective date of this Act.  An appeal filed before the effective

1-21     date of this Act is governed by the law in effect immediately

1-22     before the effective date of this Act and that law is continued in

1-23     effect for that purpose.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.