Enrolled Bill Summary

Senate Bill 480	Senate Author:  Hegar
Effective:  6-17-11	House Sponsor:  Gallego

            Current law allows a defendant in a municipal court of record to appeal a conviction only if the fine assessed against the defendant exceeds $100.  Senate Bill 480 amends the Code of Criminal Procedure and the Government Code to establish that a person convicted in a municipal court of record has the right to appeal the constitutionality of the statute or ordinance on which the conviction is based regardless of the amount of the fine.

Senate Bill 480 sets out provisions relating to the recusal or disqualification of municipal judges to authorize a party in a hearing or trial in a municipal court, including a municipal court of record, to file with the clerk of the court a motion stating grounds for the recusal or disqualification of the municipal judge. The bill establishes procedures, deadlines, and other requirements for filing such a motion, procedures for a municipal judge following the filing of a motion, and procedures for a municipal judge in recusing or disqualifying himself or herself with or without a motion.  The bill sets out requirements relating to a hearing on a motion of recusal or disqualification, establishes procedures following the granting of such a motion, provides for the appeal of a court order that denies a motion, and provides for the compensation of a judge who is assigned to hear a motion.

Additionally, Senate Bill 480 revises information required to be reported to the Texas Judicial Council relating to certain municipal matters to require the secretary of the municipality in a municipality with a municipal court, including a municipal court of record, or the employee responsible for maintaining the records of the municipality's governing body to notify the council within a certain timeframe of the name of each person who is elected or appointed as mayor, municipal court judge, or clerk of a municipal court and each person who vacates any such office.

Senate Bill 480 repeals provisions of the Government Code and Local Government Code to make conforming changes.