CIVIL PRACTICE & REMEDIES CODE

CHAPTER 13. AFFIDAVIT OF INABILITY TO PAY COSTS


	§ 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, § 1, eff. June 19, 1987.           


	§ 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, § 1, eff. June 19, 1987.           


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


	§ 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, § 3, eff. June 8, 1995.