BILL ANALYSIS

S.B. 1425

                                                                                                                                       By: Gallegos

Judiciary

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, people who cannot afford to pay the fee for an appeal in a justice or county court have no manner in which to appeal.  There is no statute that states that someone who cannot afford an appeal has the right to appeal in a justice or county court.

As proposed, S.B. 1425 allows a person who has signed an affidavit of inability to pay court costs to not pay for an appeal of a judgment in a justice or county court.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

ANALYSIS

SECTION 1.  Amends Section 28.052, Government Code, by adding Subsection (c), to authorize a person determined by the court to be indigent, in making an appeal under this section, to file an affidavit of inability to pay as provided in Rule 145, Texas Rules of Civil Procedure.

SECTION 2.  Effective date: September 1, 2005.

EFFECTIVE DATE

Effective date: September 1, 2005.