1-1 By: Marchant (Senate Sponsor - Harris of Dallas) H.B. No. 2259
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to records of trials in municipal courts of record of
1-18 Addison.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 30.658, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 30.658. COURT REPORTER. (a) The city shall provide a
1-23 court reporter for the purpose of preserving a record in cases
1-24 tried before the municipal court of record. The clerk of the court
1-25 shall appoint the court reporter, who must meet the qualifications
1-26 provided by law for official court reporters. The reporter shall
1-27 be compensated by the city in the manner determined by the
1-28 governing body of the city.
1-29 (b) The court reporter may use written notes, transcribing
1-30 equipment, recording equipment, or a combination of those methods
1-31 to record the proceedings of the court. The court reporter shall
1-32 keep the record for a 20-day period beginning the day after the
1-33 last day of the court proceeding, trial, or denial of motion for
1-34 new trial, whichever occurs last.
1-35 (c) The court reporter is not required to record testimony
1-36 in a case unless the judge or one of the parties requests a record.
1-37 A party's request for a record must be in writing and filed with
1-38 the court before trial.
1-39 (d) The governing body may provide that, instead of
1-40 providing a court reporter at trial, proceedings in a municipal
1-41 court of record may be recorded by a good quality electronic
1-42 recording device. If the recording device is used, the transcriber
1-43 need not be present at the trial to certify the statement of facts.
1-44 The proceedings that are appealed shall be transcribed from the
1-45 recording by an official court reporter, clerk of court, deputy
1-46 clerk of court, or a notary public <For the purpose of preserving
1-47 a record in all cases tried before the municipal courts, the
1-48 governing body of the city shall provide an official court
1-49 reporter. The official court reporter must have the qualifications
1-50 required by general law for official court reporters.>
1-51 <(b) The court reporter may use written notes, transcribing
1-52 equipment, audio recording equipment, or a combination of these
1-53 methods to prepare a transcript of the proceedings of the court.>
1-54 <(c) The court reporter shall certify the official record.>
1-55 <(d) The court reporter is not required to record testimony
1-56 in a trial unless the judge or one of the parties requests a
1-57 record>.
1-58 SECTION 2. Section 30.666, Government Code, is amended to
1-59 read as follows:
1-60 Sec. 30.666. STATEMENT OF FACTS. A statement of facts
1-61 included in the record on appeal must contain:
1-62 (1) a transcript of all or part of the municipal court
1-63 of record proceedings that are shown by the notes of the court
1-64 reporter to have occurred before, during, or after the trial, if
1-65 the transcript is requested by the defendant;
1-66 (2) a brief statement of the facts of the case proven
1-67 at trial as agreed to by the defendant and the prosecuting
1-68 attorney;
2-1 (3) a partial transcript and the agreed statement of
2-2 the facts of the case; or
2-3 (4) a transcript of all or part of the municipal court
2-4 of record proceedings in the case that is prepared from mechanical
2-5 or videotape recordings of the proceedings <(a) The statement of
2-6 facts consists of a transcription of the testimony of witnesses and
2-7 bills of exception. The court reporter shall prepare a statement
2-8 of facts at the request of the court or of any party and shall
2-9 immediately notify all parties in writing if a request is made.
2-10 The reporter shall provide each party with a copy of the statement
2-11 and shall file one copy with the clerk of the municipal courts of
2-12 record for immediate transmission to the appellate court clerk.
2-13 The transcription shall be in narrative form unless a party gives
2-14 written objection to the use of narrative form not later than the
2-15 fifth day after receiving notice of the request for a statement of
2-16 facts.>
2-17 <(b) The court reporter shall omit from the statement of
2-18 facts matters that are not essential to the decision or the
2-19 questions presented in the motion for new trial. The reporter may
2-20 abridge any document by omitting or abbreviating a formal portion
2-21 of the document and shall exclude formal parts of exhibits and more
2-22 than one copy of any document.>
2-23 <(c) The judge does not need to approve the statement of
2-24 facts if it is agreed to by the defendant or the defendant's
2-25 attorney and the city attorney or assistant city attorney.>
2-26 <(d) The party requesting a statement of facts, other than
2-27 the state or city, shall pay the cost of preparation of the
2-28 statement of facts. The defendant recovers the costs he paid for
2-29 the statement of facts if the case is overturned or dismissed on
2-30 appeal.>
2-31 <(e) The defendant or the defendant's attorney and the city
2-32 attorney or assistant city attorney may agree on a brief statement
2-33 of the case and the facts proven at trial for use by the appellate
2-34 court. That statement must be included in the transcript instead
2-35 of the proceedings at trial>.
2-36 SECTION 3. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended.
2-41 * * * * *
2-42 Austin,
2-43 Texas
2-44 May 25, 1993
2-45 Hon. Bob Bullock
2-46 President of the Senate
2-47 Sir:
2-48 We, your Committee on Jurisprudence to which was referred H.B.
2-49 No. 2259, have had the same under consideration, and I am
2-50 instructed to report it back to the Senate with the recommendation
2-51 that it do pass and be printed.
2-52 Henderson,
2-53 Chairman
2-54 * * * * *
2-55 WITNESSES
2-56 No witnesses appeared on H.B. No. 2259.