Tex. R. App. P. 37.3

(a) Notice of Late Record.

(1) Civil Cases. If the clerk’s record or

reporter’s record has not been timely

filed, the appellate clerk must send

notice to the official responsible for

filing it, stating that the record is late and

requesting that the record be filed within

30 days if an ordinary or r estricted

appeal, or 10 days if an accelerated

appeal. The appellate clerk must send a

copy of this notice to the parties and the

trial court. If the clerk does not receive

the record within the stated period, the

clerk must refer the matter to the

appellate court. The court must make

whatever order is appropriate to avoid

further delay and to preserve the parties'

rights.

(2) Criminal Cases. If the clerk’s record or

reporter’s record has not been timely

filed, the appellate court clerk must refer

the matter to the appellate court. The

court must make whatever order is

appropriate to avoid further delay and to

preserve the parties’ rights.

(b) If No Clerk’s Record Filed Due to Appellant's

Fault. If the trial court clerk failed to file the

clerk’s record because the appellant failed

to pay or make arrangements to pay the

clerk’s fee for preparing the clerk’s record,

the appellate court may — on a party’s

motion or its own initiative — dismiss the

appeal for want of prosecution unless the

appellant was entitled to procee d without

payment of costs. The court must give the

appellant a reasonable opportunity to cure

before dismissal.

(c) If No Reporter’s Record Filed Due to

Appellant's Fault. Under the following

circumstances, and if the clerk’s record has

been filed, the appellate court may — after

first giving the appellant notice and a

reasonable opportunity to cure — consider

and decide those issues or points that do not

require a reporter’s record for a decision. The

court may do this if no reporter’s record has

been filed because:

(1) the appellant failed to request a

reporter’s record; or

(2) (A) appellant failed to pay or

make arrangements to pay the

reporter's fee to prepare the

reporter’s record; and

(B) the appellant is not entitled to

proceed without payment of costs.