By: Harris, Ike S.B. No. 1310
73R4492 MWV-F
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 the trial to certify the statement of facts. The proceedings that
5-9 are appealed shall be transcribed from the recording by an official
5-10 court reporter.
5-11 (c) The court reporter may use written notes, transcribing
5-12 equipment, recording equipment, or a combination of those methods
5-13 to record the proceedings of the court. The court reporter shall
5-14 keep the record for a 20-day period beginning the day after the
5-15 last day of the court proceeding, trial, or denial of motion for
5-16 new trial, whichever occurs last.
5-17 (d) The court reporter is not required to record testimony
5-18 in a case unless the judge or one of the parties requests a record.
5-19 A party's request for a record must be in writing and filed with
5-20 the court 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 records.
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 transcriptions. On certification by the court
11-7 that the court reporter has rendered the service without charge to
11-8 the defendant, the court reporter shall be paid for the services by
11-9 the 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.