CHAPTER 13. AFFIDAVIT OF INABILITY TO PAY COSTS - Texas Statutes

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CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 13. AFFIDAVIT OF INABILITY TO PAY COSTS

Sec. 13.001. DISMISSAL OF ACTION. (a) A court in which an

affidavit of inability to pay under Rule 145, Texas Rules of

Civil Procedure, has been filed may dismiss the action on a

finding that:

(1) the allegation of poverty in the affidavit is false; or

(2) the action is frivolous or malicious.

(b) In determining whether an action is frivolous or malicious,

the court may consider whether:

(1) the action's realistic chance of ultimate success is slight;

(2) the claim has no arguable basis in law or in fact; or

(3) it is clear that the party cannot prove a set of facts in

support of the claim.

(c) An action may be dismissed under Subsection (a) as frivolous

or malicious either before or after service of process.

Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19,

1987.

Sec. 13.002. JUDGMENT. Judgment may be rendered for costs at

the conclusion of the action as in other cases, but the state is

not liable for any of those costs.

Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19,

1987.

Sec. 13.003. FREE TRANSCRIPT OF STATEMENT OF FACTS ON APPEAL.

(a) Subject to Subsection (c), a court reporter shall provide

without cost a statement of facts and a clerk of a court shall

prepare a transcript for appealing a judgment from the court only

if:

(1) an affidavit of inability to pay the cost of the appeal has

been filed under the Texas Rules of Appellate Procedure; and

(2) the trial judge finds:

(A) the appeal is not frivolous; and

(B) the statement of facts and the clerk's transcript is needed

to decide the issue presented by the appeal.

(b) In determining whether an appeal is frivolous, a judge may

consider whether the appellant has presented a substantial

question for appellate review.

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

transcript, or any part of the transcript, necessary for making

the determination required by Subsection (a)(2).

Added by Acts 1993, 73rd Leg., ch. 861, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 467, Sec. 1, eff.

Sept. 1, 1997.

Sec. 13.004. INAPPLICABILITY TO CERTAIN CLAIMS. This chapter

does not apply to a claim governed by Chapter 14.

Added by Acts 1995, 74th Leg., ch. 378, Sec. 3, eff. June 8,

1995.

State Codes and Statutes

Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-13-affidavit-of-inability-to-pay-costs

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 13. AFFIDAVIT OF INABILITY TO PAY COSTS

Sec. 13.001. DISMISSAL OF ACTION. (a) A court in which an

affidavit of inability to pay under Rule 145, Texas Rules of

Civil Procedure, has been filed may dismiss the action on a

finding that:

(1) the allegation of poverty in the affidavit is false; or

(2) the action is frivolous or malicious.

(b) In determining whether an action is frivolous or malicious,

the court may consider whether:

(1) the action's realistic chance of ultimate success is slight;

(2) the claim has no arguable basis in law or in fact; or

(3) it is clear that the party cannot prove a set of facts in

support of the claim.

(c) An action may be dismissed under Subsection (a) as frivolous

or malicious either before or after service of process.

Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19,

1987.

Sec. 13.002. JUDGMENT. Judgment may be rendered for costs at

the conclusion of the action as in other cases, but the state is

not liable for any of those costs.

Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19,

1987.

Sec. 13.003. FREE TRANSCRIPT OF STATEMENT OF FACTS ON APPEAL.

(a) Subject to Subsection (c), a court reporter shall provide

without cost a statement of facts and a clerk of a court shall

prepare a transcript for appealing a judgment from the court only

if:

(1) an affidavit of inability to pay the cost of the appeal has

been filed under the Texas Rules of Appellate Procedure; and

(2) the trial judge finds:

(A) the appeal is not frivolous; and

(B) the statement of facts and the clerk's transcript is needed

to decide the issue presented by the appeal.

(b) In determining whether an appeal is frivolous, a judge may

consider whether the appellant has presented a substantial

question for appellate review.

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

transcript, or any part of the transcript, necessary for making

the determination required by Subsection (a)(2).

Added by Acts 1993, 73rd Leg., ch. 861, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 467, Sec. 1, eff.

Sept. 1, 1997.

Sec. 13.004. INAPPLICABILITY TO CERTAIN CLAIMS. This chapter

does not apply to a claim governed by Chapter 14.

Added by Acts 1995, 74th Leg., ch. 378, Sec. 3, eff. June 8,

1995.

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Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-13-affidavit-of-inability-to-pay-costs

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 13. AFFIDAVIT OF INABILITY TO PAY COSTS

Sec. 13.001. DISMISSAL OF ACTION. (a) A court in which an

affidavit of inability to pay under Rule 145, Texas Rules of

Civil Procedure, has been filed may dismiss the action on a

finding that:

(1) the allegation of poverty in the affidavit is false; or

(2) the action is frivolous or malicious.

(b) In determining whether an action is frivolous or malicious,

the court may consider whether:

(1) the action's realistic chance of ultimate success is slight;

(2) the claim has no arguable basis in law or in fact; or

(3) it is clear that the party cannot prove a set of facts in

support of the claim.

(c) An action may be dismissed under Subsection (a) as frivolous

or malicious either before or after service of process.

Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19,

1987.

Sec. 13.002. JUDGMENT. Judgment may be rendered for costs at

the conclusion of the action as in other cases, but the state is

not liable for any of those costs.

Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19,

1987.

Sec. 13.003. FREE TRANSCRIPT OF STATEMENT OF FACTS ON APPEAL.

(a) Subject to Subsection (c), a court reporter shall provide

without cost a statement of facts and a clerk of a court shall

prepare a transcript for appealing a judgment from the court only

if:

(1) an affidavit of inability to pay the cost of the appeal has

been filed under the Texas Rules of Appellate Procedure; and

(2) the trial judge finds:

(A) the appeal is not frivolous; and

(B) the statement of facts and the clerk's transcript is needed

to decide the issue presented by the appeal.

(b) In determining whether an appeal is frivolous, a judge may

consider whether the appellant has presented a substantial

question for appellate review.

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

transcript, or any part of the transcript, necessary for making

the determination required by Subsection (a)(2).

Added by Acts 1993, 73rd Leg., ch. 861, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 467, Sec. 1, eff.

Sept. 1, 1997.

Sec. 13.004. INAPPLICABILITY TO CERTAIN CLAIMS. This chapter

does not apply to a claim governed by Chapter 14.

Added by Acts 1995, 74th Leg., ch. 378, Sec. 3, eff. June 8,

1995.