73R6285 MWV-F By Campbell H.B. No. 1354 Substitute the following for H.B. No. 1354: By Sadler C.S.H.B. No. 1354 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of municipal courts of record in 1-3 Carrollton. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 30, Government Code, is amended by adding 1-6 Subchapter V to read as follows: 1-7 SUBCHAPTER V. CARROLLTON 1-8 Sec. 30.851. APPLICATION. This subchapter applies to the 1-9 city of Carrollton. 1-10 Sec. 30.852. CREATION. (a) The governing body of the city 1-11 may by ordinance create a municipal court of record if it 1-12 determines that the formation of the court is necessary to provide 1-13 a more efficient disposition of cases arising in the city. The 1-14 governing body may by ordinance determine the number of municipal 1-15 courts of record that are required to dispose of the cases and may 1-16 establish as many as are needed. The ordinance establishing the 1-17 courts must give each court a numerical designation, beginning with 1-18 "Municipal Court No. 1." 1-19 (b) On creation of the initial municipal court of record, 1-20 the governing body of the city shall determine the method of 1-21 selecting the judge of a municipal court of record by: 1-22 (1) adopting an ordinance that provides for the 1-23 appointment of a municipal judge by the governing body of the city; 1-24 (2) adopting an ordinance that provides for the 2-1 election of a municipal judge by the qualified voters of the city; 2-2 or 2-3 (3) ordering an election in which the qualified voters 2-4 of the city determine whether a municipal judge is appointed by the 2-5 governing body of the city or elected. 2-6 (c) A municipal court of record may not exist concurrently 2-7 with municipal courts that are not courts of record in the city. 2-8 (d) A municipal court of record has no terms and may sit at 2-9 any time for the transaction of business of the court. 2-10 Sec. 30.853. JURISDICTION. (a) A municipal court of record 2-11 created under this subchapter has jurisdiction within the 2-12 territorial limits of the city in all criminal cases arising under 2-13 the ordinances of the city. 2-14 (b) The court has concurrent jurisdiction with a justice of 2-15 the peace in any precinct in which the city is located in criminal 2-16 cases within the justice court jurisdiction that: 2-17 (1) arise within the territorial limits of the city; 2-18 and 2-19 (2) are punishable by fine only. 2-20 (c) The court has jurisdiction over cases arising outside 2-21 the territorial limits of the city under ordinances authorized by 2-22 Section 215.072, 217.042, 341.903, or 401.002, Local Government 2-23 Code. 2-24 Sec. 30.854. WRIT POWER. The judge of a municipal court of 2-25 record created under this subchapter may grant writs of mandamus, 2-26 injunction, attachment, and other writs necessary to the 2-27 enforcement of the jurisdiction of the court and may issue writs of 3-1 habeas corpus in cases in which the offense charged is within the 3-2 jurisdiction of the court. 3-3 Sec. 30.855. APPLICATION OF OTHER LAWS. The general law 3-4 regarding municipal courts of record, the general law regarding 3-5 justice courts on matters not covered by the law regarding 3-6 municipal courts, and any charter provision or ordinance of the 3-7 city relating to the municipal court apply to a municipal court of 3-8 record unless the law, charter provision, or ordinance is in 3-9 conflict or inconsistent with this subchapter. 3-10 Sec. 30.856. JUDGE. (a) A municipal court of record is 3-11 presided over by a municipal judge. The municipal judge must be a 3-12 licensed attorney in good standing in this state. The judge must 3-13 be a citizen of the United States and resident of this state but 3-14 need not be a resident of the city. The municipal judge shall 3-15 devote full time to the duties of the office as necessary. 3-16 (b) If more than one municipal court of record is created, 3-17 judges of each municipal court of record may at any time exchange 3-18 benches and sit and act for each other in any pending case, matter, 3-19 or proceeding. 3-20 (c) A municipal judge is entitled to receive a salary and 3-21 other benefits set by the governing body of the city. The judge's 3-22 salary may not be diminished during the term of office. The salary 3-23 may not be based directly or indirectly on fines, fees, or other 3-24 costs that the municipal judge is required by law to collect during 3-25 a term of office. 3-26 Sec. 30.857. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL. (a) 3-27 If a vacancy occurs in the office of municipal judge, the governing 4-1 body of the city shall appoint a qualified person to fill the 4-2 office for the remainder of the unexpired term. 4-3 (b) The governing body of the city may appoint persons as 4-4 relief municipal judges, who shall be known as "assistant municipal 4-5 judges." An assistant judge must meet the qualifications 4-6 prescribed for the municipal judge. The governing body shall set 4-7 the compensation of the assistant judges. The municipal judge may 4-8 assign an assistant judge to act for a municipal judge who is 4-9 temporarily unable to act for any reason. An assistant judge has 4-10 all the powers and duties of the office while acting for the 4-11 municipal judge. 4-12 (c) A municipal judge or assistant municipal judge may be 4-13 removed from office in the manner prescribed for removal of a 4-14 county court at law judge. 4-15 Sec. 30.858. CLERK; OTHER PERSONNEL. (a) The city manager 4-16 shall appoint a clerk of the municipal court of record who shall be 4-17 known as the "municipal court clerk." 4-18 (b) The clerk or the clerk's deputies shall keep the records 4-19 of the municipal courts of record, issue process, and generally 4-20 perform the duties for the court that a clerk of the county court 4-21 exercising criminal jurisdiction is required by law to perform for 4-22 that court. The clerk shall perform the duties in accordance with 4-23 statutes, city charter, and city ordinances. 4-24 (c) The clerk may hire, direct, and remove the personnel 4-25 authorized in the city's annual budget for the clerk's office. 4-26 Sec. 30.859. COURT REPORTER. (a) The city shall provide a 4-27 court reporter for the purpose of preserving a record in cases 5-1 tried before the municipal court of record. The clerk of the court 5-2 shall appoint the court reporter, who must meet the qualifications 5-3 provided by law for official court reporters. 5-4 (b) The clerk may provide that, instead of providing a court 5-5 reporter at trial, proceedings in a municipal court of record may 5-6 be recorded by a good quality electronic recording device. If the 5-7 recording device is used, the court reporter need not be present at 5-8 trial to record the proceedings. The proceedings that are appealed 5-9 shall be transcribed from the recording by an official court 5-10 reporter. 5-11 (c) The clerk may provide for the use of written notes, 5-12 transcribing equipment, or a combination of those methods to record 5-13 the proceedings of the court. The court reporter shall keep the 5-14 record for a 20-day period beginning the day after the last day of 5-15 the court proceeding, trial, or denial of motion for new trial, 5-16 whichever occurs last. 5-17 (d) No one is required to record testimony in a case unless 5-18 the judge or one of the parties requests a record. A party's 5-19 request for a record must be in writing and filed with the court 5-20 before trial. 5-21 (e) The court reporter shall certify the official record. 5-22 Sec. 30.860. PROSECUTION BY CITY ATTORNEY. All prosecutions 5-23 in the municipal court of record must be conducted by the city 5-24 attorney or an assistant or deputy city attorney. 5-25 Sec. 30.861. COMPLAINT, PLEADING. (a) A proceeding in a 5-26 municipal court of record commences with the filing of a complaint. 5-27 A complaint must begin "In the name and by authority of the State 6-1 of Texas" and must conclude "Against the peace and dignity of the 6-2 State." 6-3 (b) Complaints must comply with Article 45.17, Code of 6-4 Criminal Procedure. 6-5 (c) Pleadings must be in writing and filed with the 6-6 municipal court clerk. 6-7 Sec. 30.862. JURY. (a) A person brought before the 6-8 municipal court and charged with an offense is entitled to be tried 6-9 by a jury of six persons, unless that right is waived according to 6-10 law. 6-11 (b) A juror for the municipal court must have the 6-12 qualifications required of jurors by law and must be a resident of 6-13 the city. 6-14 (c) A juror is entitled to receive the compensation for each 6-15 day and each fraction of the day in attendance on a municipal court 6-16 of record jury as provided by Chapter 61. 6-17 (d) The municipal court clerk shall establish a fair, 6-18 impartial, and objective juror selection process. 6-19 Sec. 30.863. COURT RULES. (a) Except as modified by this 6-20 subchapter, the Code of Criminal Procedure as applied to county 6-21 courts at law governs the trial of cases before municipal courts of 6-22 record. 6-23 (b) Bonds must be payable to the state for the use and 6-24 benefit of the city. The court may not assess court costs other 6-25 than warrant fees, capias fees, and other fees authorized for 6-26 municipal courts. 6-27 (c) A peace officer may serve a process issued by a 7-1 municipal court of record. 7-2 (d) On conviction, judgment and sentence are in the name of 7-3 the state, and the state recovers from the defendant the fine and 7-4 fees for the use and benefit of the city. The court may require 7-5 that the defendant remain in the custody of the chief of police 7-6 until the fines and costs are paid and shall order the execution 7-7 issue to collect the fines and penalties. 7-8 (e) Fines, fees, costs, and bonds shall be paid to the 7-9 municipal court clerk, who shall deposit them in the city general 7-10 fund. 7-11 Sec. 30.864. APPEAL. (a) A defendant has the right of 7-12 appeal from a judgment of conviction in a municipal court of record 7-13 as provided by this subchapter. The state has the right to an 7-14 appeal as provided by Article 44.01, Code of Criminal Procedure. 7-15 The county criminal courts of appeal of Dallas County have 7-16 jurisdiction of appeals from the municipal courts of record. 7-17 (b) The appellate court shall determine each appeal from a 7-18 municipal court of record conviction on the basis of the errors 7-19 that are set forth in the defendant's motion for new trial and that 7-20 are presented in the transcript and statement of facts prepared 7-21 from the proceedings leading to the conviction. An appeal from the 7-22 municipal court of record may not be by trial de novo. 7-23 (c) To perfect an appeal, the defendant must file a motion 7-24 for new trial not later than the 10th day after the date on which 7-25 the judgment and sentence are rendered. The motion must be in 7-26 writing and must be filed with the clerk of the municipal court of 7-27 record. The motion constitutes the assignments of error on appeal. 8-1 A ground or error not set forth in the motion is waived. If the 8-2 court does not act on the motion before the expiration of 30 days 8-3 after it is filed with the clerk, the motion is overruled by 8-4 operation of law. 8-5 (d) After an order overruling a motion for new trial, the 8-6 defendant shall give written notice of appeal and pay the 8-7 transcript preparation fee not later than the 10th day after the 8-8 date on which the motion is overruled. The governing body shall 8-9 set a reasonable transcript preparation fee not to exceed $25. The 8-10 clerk shall note the payment of the fee on the docket of the court. 8-11 If the case is reversed on appeal, the fee shall be refunded to the 8-12 defendant. 8-13 (e) The city attorney or the assistant or deputy city 8-14 attorney shall prosecute all appeals from the municipal courts of 8-15 record. 8-16 Sec. 30.865. APPEAL BOND; RECORD ON APPEAL. (a) If the 8-17 defendant is not in custody, the defendant may not take an appeal 8-18 until the defendant files an appeal bond with the municipal court 8-19 of record. The bond must be approved by the court and must be 8-20 filed not later than the 10th day after the date on which the 8-21 motion for new trial is overruled. If the defendant is in custody, 8-22 the defendant shall be committed to jail unless the defendant posts 8-23 the appeal bond. 8-24 (b) The appeal bond must be in the amount of $50 or double 8-25 the amount of fines and costs adjudged against the defendant, 8-26 whichever is greater. The bond must be payable to the state for 8-27 the use and benefit of the city and must be conditioned on the 9-1 defendant's immediate and daily personal appearance in the court to 9-2 which the appeal is taken. 9-3 (c) The record on appeal consists of a transcript and, if 9-4 necessary to appeal, a statement of facts. The court reporter 9-5 shall prepare the record from the reporter's record or mechanical 9-6 recordings of the proceedings. The defendant shall pay for the 9-7 cost of the transcription. If the court finds that the defendant 9-8 is unable to pay or give security for the record on appeal after a 9-9 hearing in response to an affidavit by the defendant, the court 9-10 shall order the reporter to prepare the record without charge to 9-11 the defendant. If the case is reversed on appeal, the court shall 9-12 promptly refund the cost to the defendant. 9-13 Sec. 30.866. TRANSCRIPT. (a) The clerk of the municipal 9-14 court of record shall prepare under his hand and the seal of the 9-15 court a transcript of the proceedings in the municipal court of 9-16 record after payment of the transcript preparation fee under 9-17 Section 30.864. The clerk shall prepare the transcript under 9-18 written instructions from the defendant or the defendant's 9-19 attorney. Unless otherwise agreed by the parties in writing, the 9-20 transcript must include a copy of: 9-21 (1) the complaint; 9-22 (2) court orders on any motions or exceptions; 9-23 (3) the judgment; 9-24 (4) the verdict of the jury; 9-25 (5) any findings of fact or conclusions of law made by 9-26 the court; 9-27 (6) the motion for new trial and the order of the 10-1 court on the motion; 10-2 (7) the notice of appeal; 10-3 (8) any statement of the parties regarding material to 10-4 be included in the record; 10-5 (9) the appeal bond; and 10-6 (10) any signed paper designated as material by either 10-7 party. 10-8 (b) The defendant or the defendant's attorney shall file a 10-9 copy of the written instructions with the clerk and shall deliver a 10-10 copy to the city attorney. 10-11 (c) The city attorney shall file a written direction to the 10-12 clerk if additional portions of the trial proceedings in the 10-13 transcript are to be included. 10-14 Sec. 30.867. STATEMENT OF FACTS. (a) A statement of facts 10-15 included in the record on appeal must contain: 10-16 (1) a transcription of all or any part of the 10-17 municipal court of record proceedings in the case as recorded on 10-18 the electronic recording device or shown by the notes of the court 10-19 reporter recorded or taken before, during, or after the trial, if 10-20 the transcription is requested by a party, a party's attorney, or 10-21 the municipal judge; 10-22 (2) a brief statement of the facts of the case proven 10-23 at the trial as agreed to by the defendant or the defendant's 10-24 attorney and the prosecuting attorney; or 10-25 (3) a partial transcription and the agreed statement 10-26 of the facts of the case. 10-27 (b) The court reporter shall transcribe in duplicate any 11-1 portion of the recorded proceedings or the notes of the court 11-2 proceedings in the case at the request of either party or the 11-3 municipal judge. The defendant shall pay for the transcription 11-4 unless the court finds, after hearing in response to an affidavit 11-5 by the defendant, that the defendant is unable to pay or give 11-6 security for the transcription. On certification by the court that 11-7 the court reporter has rendered the service without charge to the 11-8 defendant, the court reporter shall be paid for the services by the 11-9 city. 11-10 Sec. 30.868. TRANSFER OF RECORD; FEE. The parties must file 11-11 the transcript and the statement of facts with the clerk of the 11-12 municipal court of record not later than the 60th day after the 11-13 date on which the transcript preparation fee was paid. The clerk 11-14 shall promptly forward them to the appellate court clerk. 11-15 Sec. 30.869. BRIEF ON APPEAL. (a) The defendant must file 11-16 a brief on appeal with the appellate court clerk not later than the 11-17 15th day after the date on which the transcript and statement of 11-18 facts are filed with that clerk. 11-19 (b) The city attorney must file appellee's brief with the 11-20 appellate court clerk not later than the 15th day after the date on 11-21 which the defendant's brief is filed. 11-22 (c) To avoid unnecessary delay, the record and briefs on 11-23 appeal shall be limited as far as possible to the questions relied 11-24 on for reversal. 11-25 (d) On filing, each party shall deliver a copy of the brief 11-26 to the opposing counsel. 11-27 Sec. 30.870. PROCEDURE; DISPOSITION ON APPEAL. (a) The 12-1 appellate court shall hear appeals from the municipal court of 12-2 record at the earliest possible time with due regard to the rights 12-3 of the parties and the proper administration of justice. The court 12-4 may determine the rules for oral argument. The case may be 12-5 submitted on the record and briefs without oral argument. 12-6 (b) According to the law and the nature of the case, the 12-7 appellate court may: 12-8 (1) affirm the judgment of the municipal court of 12-9 record; 12-10 (2) reverse and remand for a new trial; 12-11 (3) reverse and dismiss the case; or 12-12 (4) reform and correct the judgment. 12-13 (c) Unless the matter was made an issue in the trial court 12-14 or it affirmatively appears to the contrary from the transcript or 12-15 the statement of facts, the appellate court shall presume that: 12-16 (1) venue was proven in the trial court; 12-17 (2) the jury, if any, was properly impaneled and 12-18 sworn; 12-19 (3) the defendant was arraigned and pleaded to the 12-20 complaint; and 12-21 (4) the municipal judge certified the charge and the 12-22 clerk filed the charge before it was read to the jury. 12-23 (d) In each case decided by the appellate court, the court 12-24 shall deliver a written opinion or order either sustaining or 12-25 overruling each assignment of error presented. The court need not 12-26 give a reason for overruling an assignment of error, but it may 12-27 cite the cases on which it relied. If an assignment of error is 13-1 sustained, the court shall set forth the reasons for the decision. 13-2 The appellate court clerk shall mail copies of the decision to the 13-3 parties and to the municipal judge as soon as the decision is 13-4 rendered. 13-5 Sec. 30.871. CERTIFICATE OF APPELLATE PROCEEDINGS. When the 13-6 judgment of the appellate court becomes final, the clerk of that 13-7 court shall certify the proceedings and the judgment and shall mail 13-8 the certificate to the clerk of the municipal court of record. 13-9 When the clerk of the municipal court of record receives the 13-10 record, the clerk shall file the record with the papers in the case 13-11 and note the filing on the docket of the municipal court of record. 13-12 If the municipal court of record judgment is affirmed, further 13-13 action to enforce the judgment is not necessary except to: 13-14 (1) forfeit the bond of the defendant; 13-15 (2) issue a writ of capias of the defendant; or 13-16 (3) issue an execution against the defendant's 13-17 property. 13-18 Sec. 30.872. EFFECT OF ORDER OF NEW TRIAL. If the appellate 13-19 court awards a new trial to the defendant, the case stands as if a 13-20 new trial had been granted by the municipal court of record. 13-21 Sec. 30.873. APPEAL TO THE COURT OF APPEALS. An appeal of 13-22 the appellate court decision to the court of appeals is governed by 13-23 the Code of Criminal Procedure, except that the transcript, briefs, 13-24 and statement of facts filed in the appellate court constitute the 13-25 transcript, briefs, and statement of facts on appeal to the court 13-26 of appeals unless the rules of the court of criminal appeals 13-27 provide otherwise. 14-1 SECTION 2. The importance of this legislation and the 14-2 crowded condition of the calendars in both houses create an 14-3 emergency and an imperative public necessity that the 14-4 constitutional rule requiring bills to be read on three several 14-5 days in each house be suspended, and this rule is hereby suspended, 14-6 and that this Act take effect and be in force from and after its 14-7 passage, and it is so enacted.