By: Marchant H.B. No. 2259
73R3411 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to records of trials in municipal courts of record of
1-3 Addison.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 30.658, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 30.658. COURT REPORTER. (a) The city shall provide a
1-8 court reporter for the purpose of preserving a record in cases
1-9 tried before the municipal court of record. The clerk of the court
1-10 shall appoint the court reporter, who must meet the qualifications
1-11 provided by law for official court reporters. The reporter shall
1-12 be compensated by the city in the manner determined by the
1-13 governing body of the city.
1-14 (b) The court reporter may use written notes, transcribing
1-15 equipment, recording equipment, or a combination of those methods
1-16 to record the proceedings of the court. The court reporter shall
1-17 keep the record for a 20-day period beginning the day after the
1-18 last day of the court proceeding, trial, or denial of motion for
1-19 new trial, whichever occurs last.
1-20 (c) The court reporter is not required to record testimony
1-21 in a case unless the judge or one of the parties requests a record.
1-22 A party's request for a record must be in writing and filed with
1-23 the court before trial.
1-24 (d) The governing body may provide that, instead of
2-1 providing a court reporter at trial, proceedings in a municipal
2-2 court of record may be recorded by a good quality electronic
2-3 recording device. If the recording device is used, the transcriber
2-4 need not be present at the trial to certify the statement of facts.
2-5 The proceedings that are appealed shall be transcribed from the
2-6 recording by an official court reporter, clerk of court, deputy
2-7 clerk of court, or a notary public <For the purpose of preserving
2-8 a record in all cases tried before the municipal courts, the
2-9 governing body of the city shall provide an official court
2-10 reporter. The official court reporter must have the qualifications
2-11 required by general law for official court reporters.>
2-12 <(b) The court reporter may use written notes, transcribing
2-13 equipment, audio recording equipment, or a combination of these
2-14 methods to prepare a transcript of the proceedings of the court.>
2-15 <(c) The court reporter shall certify the official record.>
2-16 <(d) The court reporter is not required to record testimony
2-17 in a trial unless the judge or one of the parties requests a
2-18 record>.
2-19 SECTION 2. Section 30.666, Government Code, is amended to
2-20 read as follows:
2-21 Sec. 30.666. STATEMENT OF FACTS. A statement of facts
2-22 included in the record on appeal must contain:
2-23 (1) a transcript of all or part of the municipal court
2-24 of record proceedings that are shown by the notes of the court
2-25 reporter to have occurred before, during, or after the trial, if
2-26 the transcript is requested by the defendant;
2-27 (2) a brief statement of the facts of the case proven
3-1 at trial as agreed to by the defendant and the prosecuting
3-2 attorney;
3-3 (3) a partial transcript and the agreed statement of
3-4 the facts of the case; or
3-5 (4) a transcript of all or part of the municipal court
3-6 of record proceedings in the case that is prepared from mechanical
3-7 or videotape recordings of the proceedings <(a) The statement of
3-8 facts consists of a transcription of the testimony of witnesses and
3-9 bills of exception. The court reporter shall prepare a statement
3-10 of facts at the request of the court or of any party and shall
3-11 immediately notify all parties in writing if a request is made.
3-12 The reporter shall provide each party with a copy of the statement
3-13 and shall file one copy with the clerk of the municipal courts of
3-14 record for immediate transmission to the appellate court clerk.
3-15 The transcription shall be in narrative form unless a party gives
3-16 written objection to the use of narrative form not later than the
3-17 fifth day after receiving notice of the request for a statement of
3-18 facts.>
3-19 <(b) The court reporter shall omit from the statement of
3-20 facts matters that are not essential to the decision or the
3-21 questions presented in the motion for new trial. The reporter may
3-22 abridge any document by omitting or abbreviating a formal portion
3-23 of the document and shall exclude formal parts of exhibits and more
3-24 than one copy of any document.>
3-25 <(c) The judge does not need to approve the statement of
3-26 facts if it is agreed to by the defendant or the defendant's
3-27 attorney and the city attorney or assistant city attorney.>
4-1 <(d) The party requesting a statement of facts, other than
4-2 the state or city, shall pay the cost of preparation of the
4-3 statement of facts. The defendant recovers the costs he paid for
4-4 the statement of facts if the case is overturned or dismissed on
4-5 appeal.>
4-6 <(e) The defendant or the defendant's attorney and the city
4-7 attorney or assistant city attorney may agree on a brief statement
4-8 of the case and the facts proven at trial for use by the appellate
4-9 court. That statement must be included in the transcript instead
4-10 of the proceedings at trial>.
4-11 SECTION 3. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.