1-1 By: Harris of Dallas S.B. No. 1310
1-2 (In the Senate - Filed March 24, 1993; March 25, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1310 By: Harris of Dallas
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the creation of municipal courts of record in
1-20 Carrollton.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 30, Government Code, is amended by adding
1-23 Subchapter V to read as follows:
1-24 SUBCHAPTER V. CARROLLTON
1-25 Sec. 30.851. APPLICATION. This subchapter applies to the
1-26 City of Carrollton.
1-27 Sec. 30.852. CREATION. (a) The governing body of the city
1-28 may by ordinance create a municipal court of record if it
1-29 determines that formation of the court is necessary to provide a
1-30 more efficient disposition of cases arising in the city. The
1-31 governing body may by ordinance determine the number of municipal
1-32 courts of record that are required to dispose of the cases and may
1-33 establish as many as are needed. The ordinance establishing the
1-34 courts must give each court a numerical designation, beginning with
1-35 "Municipal Court No. 1."
1-36 (b) On creation of the initial municipal court of record,
1-37 the governing body of the city shall determine the method of
1-38 selecting the judge of a municipal court of record by:
1-39 (1) adopting an ordinance that provides for the
1-40 appointment of a municipal judge by the governing body of the city;
1-41 (2) adopting an ordinance that provides for the
1-42 election of a municipal judge by the qualified voters of the city;
1-43 or
1-44 (3) ordering an election in which the qualified voters
1-45 of the city determine whether a municipal judge is appointed by the
1-46 governing body of the city or elected.
1-47 (c) A municipal court of record may not exist concurrently
1-48 with municipal courts that are not courts of record in the city.
1-49 (d) A municipal court of record has no terms and may sit at
1-50 any time for the transaction of business of the court.
1-51 Sec. 30.853. JURISDICTION. (a) A municipal court of record
1-52 created under this subchapter has jurisdiction within the
1-53 territorial limits of the city in all criminal cases arising under
1-54 the ordinances of the city.
1-55 (b) The court has concurrent jurisdiction with a justice of
1-56 the peace in any precinct in which the city is located in criminal
1-57 cases within the justice court jurisdiction that:
1-58 (1) arise within the territorial limits of the city;
1-59 and
1-60 (2) are punishable by fine only.
1-61 (c) The court has jurisdiction over cases arising outside
1-62 the territorial limits of the city under ordinances authorized by
1-63 Section 215.072, 217.042, 341.903, or 401.002, Local Government
1-64 Code.
1-65 Sec. 30.854. WRIT POWER. The judge of a municipal court of
1-66 record created under this subchapter may grant writs of mandamus,
1-67 injunction, attachment, and other writs necessary to the
1-68 enforcement of the jurisdiction of the court and may issue writs of
2-1 habeas corpus in cases in which the offense charged is within the
2-2 jurisdiction of the court.
2-3 Sec. 30.855. APPLICATION OF OTHER LAWS. The general law
2-4 regarding municipal courts of record, the general law regarding
2-5 justice courts on matters not covered by the law regarding
2-6 municipal courts, and any charter provision or ordinance of the
2-7 city relating to the municipal court apply to a municipal court of
2-8 record unless the law, charter provision, or ordinance is in
2-9 conflict or inconsistent with this subchapter.
2-10 Sec. 30.856. JUDGE. (a) A municipal court of record is
2-11 presided over by a municipal judge. The municipal judge must be a
2-12 licensed attorney in good standing in this state. The judge must
2-13 be a citizen of the United States and a resident of this state but
2-14 need not be a resident of the city. The municipal judge shall
2-15 devote full time to the duties of the office as necessary.
2-16 (b) If more than one municipal court of record is created,
2-17 judges of each municipal court of record may at any time exchange
2-18 benches and sit and act for each other in any pending case, matter,
2-19 or proceeding.
2-20 (c) A municipal judge is entitled to receive a salary and
2-21 other benefits set by the governing body of the city. The judge's
2-22 salary may not be diminished during the term of office. The salary
2-23 may not be based directly or indirectly on fines, fees, or other
2-24 costs that the municipal judge is required by law to collect during
2-25 a term of office.
2-26 Sec. 30.857. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL.
2-27 (a) If a vacancy occurs in the office of municipal judge, the
2-28 governing body of the city shall appoint a qualified person to fill
2-29 the office for the remainder of the unexpired term.
2-30 (b) The governing body of the city may appoint persons as
2-31 relief municipal judges, who shall be known as assistant municipal
2-32 judges. An assistant judge must meet the qualifications prescribed
2-33 for the municipal judge. The governing body shall set the
2-34 compensation of the assistant judges. The municipal judge may
2-35 assign an assistant judge to act for a municipal judge who is
2-36 temporarily unable to act for any reason. An assistant judge has
2-37 all the powers and duties of the office while acting for the
2-38 municipal judge.
2-39 (c) A municipal judge or assistant municipal judge may be
2-40 removed from office in the manner prescribed for removal of a
2-41 county court at law judge.
2-42 Sec. 30.858. CLERK; OTHER PERSONNEL. (a) The city manager
2-43 shall appoint a clerk of the municipal court of record who shall be
2-44 known as the municipal court clerk.
2-45 (b) The clerk or the clerk's deputies shall keep the records
2-46 of the municipal courts of record, issue process, and generally
2-47 perform the duties for the court that a clerk of the county court
2-48 exercising criminal jurisdiction is required by law to perform for
2-49 that court. The clerk shall perform the duties in accordance with
2-50 statutes, the city charter, and city ordinances.
2-51 (c) The clerk may hire, direct, and remove the personnel
2-52 authorized in the city's annual budget for the clerk's office.
2-53 Sec. 30.859. COURT REPORTER. (a) The city shall provide a
2-54 court reporter for the purpose of preserving a record in cases
2-55 tried before the municipal court of record. The clerk of the court
2-56 shall appoint the court reporter, who must meet the qualifications
2-57 provided by law for official court reporters.
2-58 (b) The clerk may provide that, instead of providing a court
2-59 reporter at trial, proceedings in a municipal court of record may
2-60 be recorded by a good quality electronic recording device. If the
2-61 recording device is used, the court reporter need not be present at
2-62 trial to record the proceedings. The proceedings that are appealed
2-63 shall be transcribed from the recording by an official court
2-64 reporter.
2-65 (c) The clerk may provide for the use of written notes,
2-66 transcribing equipment, or a combination of those methods to record
2-67 the proceedings of the court. The court reporter shall keep the
2-68 record for a 20-day period beginning the day after the last day of
2-69 the court proceeding, trial, or denial of motion for new trial,
2-70 whichever occurs last.
3-1 (d) No one is required to record testimony in a case unless
3-2 the judge or one of the parties requests a record. A party's
3-3 request for a record must be in writing and must be filed with the
3-4 court before trial.
3-5 (e) The court reporter shall certify the official record.
3-6 Sec. 30.860. PROSECUTION BY CITY ATTORNEY. All prosecutions
3-7 in the municipal court of record must be conducted by the city
3-8 attorney or an assistant or deputy city attorney.
3-9 Sec. 30.861. COMPLAINT, PLEADING. (a) A proceeding in a
3-10 municipal court of record commences with the filing of a complaint.
3-11 A complaint must begin "In the name and by authority of the State
3-12 of Texas" and must conclude "Against the peace and dignity of the
3-13 State."
3-14 (b) Complaints must comply with Article 45.17, Code of
3-15 Criminal Procedure.
3-16 (c) Pleadings must be in writing and must be filed with the
3-17 municipal court clerk.
3-18 Sec. 30.862. JURY. (a) A person brought before the
3-19 municipal court and charged with an offense is entitled to be tried
3-20 by a jury of six persons, unless that right is waived according to
3-21 law.
3-22 (b) A juror for the municipal court must have the
3-23 qualifications required of jurors by law and must be a resident of
3-24 the city.
3-25 (c) A juror is entitled to receive the compensation for each
3-26 day and each fraction of a day in attendance on a municipal court
3-27 of record jury as provided by Chapter 61.
3-28 (d) The municipal court clerk shall establish a fair,
3-29 impartial, and objective juror selection process.
3-30 Sec. 30.863. COURT RULES. (a) Except as modified by this
3-31 subchapter, the Code of Criminal Procedure as applied to county
3-32 courts at law governs the trial of cases before municipal courts of
3-33 record.
3-34 (b) Bonds must be payable to the state for the use and
3-35 benefit of the city. The court may not assess court costs other
3-36 than warrant fees, capias fees, and other fees authorized for
3-37 municipal courts.
3-38 (c) A peace officer may serve a process issued by a
3-39 municipal court of record.
3-40 (d) On conviction, judgment and sentence are in the name of
3-41 the state, and the state recovers from the defendant the fine and
3-42 fees for the use and benefit of the city. The court may require
3-43 that the defendant remain in the custody of the chief of police
3-44 until the fines and costs are paid and shall order that execution
3-45 issue to collect the fines and penalties.
3-46 (e) Fines, fees, costs, and bonds shall be paid to the
3-47 municipal court clerk, who shall deposit them in the city general
3-48 fund.
3-49 Sec. 30.864. APPEAL. (a) A defendant has the right of
3-50 appeal from a judgment of conviction in a municipal court of record
3-51 as provided by this subchapter. The state has the right to an
3-52 appeal as provided by Article 44.01, Code of Criminal Procedure.
3-53 The county criminal courts of appeal of Dallas County have
3-54 jurisdiction of appeals from the municipal courts of record.
3-55 (b) The appellate court shall determine each appeal from a
3-56 municipal court of record conviction on the basis of the errors
3-57 that are set forth in the defendant's motion for new trial and that
3-58 are presented in the transcript and statement of facts prepared
3-59 from the proceedings leading to the conviction. An appeal from the
3-60 municipal court of record may not be by trial de novo.
3-61 (c) To perfect an appeal, the defendant must file a motion
3-62 for new trial not later than the 10th day after the date on which
3-63 the judgment and sentence are rendered. The motion must be in
3-64 writing and must be filed with the clerk of the municipal court of
3-65 record. The motion constitutes the assignment of error on appeal.
3-66 A ground or an error not set forth in the motion is waived. If the
3-67 court does not act on the motion before the expiration of 30 days
3-68 after it is filed with the clerk, the motion is overruled by
3-69 operation of law.
3-70 (d) After an order overruling a motion for new trial, the
4-1 defendant shall give written notice of appeal and pay the
4-2 transcript preparation fee not later than the 10th day after the
4-3 date on which the motion is overruled. The governing body shall
4-4 set a reasonable transcript preparation fee not to exceed $25. The
4-5 clerk shall note the payment of the fee on the docket of the court.
4-6 If the case is reversed on appeal, the fee shall be refunded to the
4-7 defendant.
4-8 (e) The city attorney or the assistant or deputy city
4-9 attorney shall prosecute all appeals from the municipal courts of
4-10 record.
4-11 Sec. 30.865. APPEAL BOND; RECORD ON APPEAL. (a) If the
4-12 defendant is not in custody, the defendant may not take an appeal
4-13 until the defendant files an appeal bond with the municipal court
4-14 of record. The bond must be approved by the court and must be
4-15 filed not later than the 10th day after the date on which the
4-16 motion for new trial is overruled. If the defendant is in custody,
4-17 the defendant shall be committed to jail unless the defendant posts
4-18 the appeal bond.
4-19 (b) The appeal bond must be in the amount of $50 or double
4-20 the amount of fines and costs adjudged against the defendant,
4-21 whichever is greater. The bond must be payable to the state for
4-22 the use and benefit of the city and must be conditioned on the
4-23 defendant's immediate and daily personal appearance in the court to
4-24 which the appeal is taken.
4-25 (c) The record on appeal consists of a transcript and, if
4-26 necessary to appeal, a statement of facts. The court reporter
4-27 shall prepare the record from the reporter's record or mechanical
4-28 recordings of the proceedings. The defendant shall pay for the
4-29 cost of the transcription. If the court finds that the defendant
4-30 is unable to pay or give security for the record on appeal after a
4-31 hearing in response to an affidavit by the defendant, the court
4-32 shall order the reporter to prepare the record without charge to
4-33 the defendant. If the case is reversed on appeal, the court shall
4-34 promptly refund the cost to the defendant.
4-35 Sec. 30.866. TRANSCRIPT. (a) The clerk of the municipal
4-36 court of record shall prepare under his hand and the seal of the
4-37 court a transcript of the proceedings in the municipal court of
4-38 record after payment of the transcript preparation fee under
4-39 Section 30.864. The clerk shall prepare the transcript under
4-40 written instructions from the defendant or the defendant's
4-41 attorney. Unless otherwise agreed by the parties in writing, the
4-42 transcript must include a copy of:
4-43 (1) the complaint;
4-44 (2) court orders on any motions or exceptions;
4-45 (3) the judgment;
4-46 (4) the verdict of the jury;
4-47 (5) any findings of fact or conclusions of law made by
4-48 the court;
4-49 (6) the motion for new trial and the order of the
4-50 court on the motion;
4-51 (7) the notice of appeal;
4-52 (8) any statement of the parties regarding material to
4-53 be included in the record;
4-54 (9) the appeal bond; and
4-55 (10) any signed paper designated as material by either
4-56 party.
4-57 (b) The defendant or the defendant's attorney shall file a
4-58 copy of the written instructions with the clerk and shall deliver a
4-59 copy to the city attorney.
4-60 (c) The city attorney shall file a written direction to the
4-61 clerk if additional portions of the trial proceedings in the
4-62 transcript are to be included.
4-63 Sec. 30.867. STATEMENT OF FACTS. (a) A statement of facts
4-64 included in the record on appeal must contain:
4-65 (1) a transcription of all or any part of the
4-66 municipal court of record proceedings in the case as recorded on
4-67 the electronic recording device or shown by the notes of the court
4-68 reporter recorded or taken before, during, or after the trial, if
4-69 the transcription is requested by a party, a party's attorney, or
4-70 the municipal judge;
5-1 (2) a brief statement of the facts of the case proven
5-2 at the trial as agreed to by the defendant or the defendant's
5-3 attorney and the prosecuting attorney; or
5-4 (3) a partial transcription and the agreed statement
5-5 of the facts of the case.
5-6 (b) The court reporter shall transcribe in duplicate any
5-7 portion of the recorded proceedings or the notes of the court
5-8 proceedings in the case at the request of either party or the
5-9 municipal judge. The defendant shall pay for the transcription
5-10 unless the court finds, after hearing in response to an affidavit
5-11 by the defendant, that the defendant is unable to pay or give
5-12 security for the transcription. On certification by the court that
5-13 the court reporter has rendered the service without charge to the
5-14 defendant, the court reporter shall be paid for the services by the
5-15 city.
5-16 Sec. 30.868. TRANSFER OF RECORD; FEE. The parties must file
5-17 the transcript and the statement of facts with the clerk of the
5-18 municipal court of record not later than the 60th day after the
5-19 date on which the transcript preparation fee was paid. The clerk
5-20 shall promptly forward them to the appellate court clerk.
5-21 Sec. 30.869. BRIEF ON APPEAL. (a) The defendant must file
5-22 a brief on appeal with the appellate court clerk not later than the
5-23 15th day after the date on which the transcript and statement of
5-24 facts are filed with that clerk.
5-25 (b) The city attorney must file appellee's brief with the
5-26 appellate court clerk not later than the 15th day after the date on
5-27 which the defendant's brief is filed.
5-28 (c) To avoid unnecessary delay, the record and briefs on
5-29 appeal shall be limited as far as possible to the questions relied
5-30 on for reversal.
5-31 (d) On filing, each party shall deliver a copy of the brief
5-32 to the opposing counsel.
5-33 Sec. 30.870. PROCEDURE; DISPOSITION ON APPEAL. (a) The
5-34 appellate court shall hear appeals from the municipal court of
5-35 record at the earliest possible time with due regard to the rights
5-36 of the parties and the proper administration of justice. The court
5-37 may determine the rules for oral argument. The case may be
5-38 submitted on the record and briefs without oral argument.
5-39 (b) According to the law and the nature of the case, the
5-40 appellate court may:
5-41 (1) affirm the judgment of the municipal court of
5-42 record;
5-43 (2) reverse and remand for a new trial;
5-44 (3) reverse and dismiss the case; or
5-45 (4) reform and correct the judgment.
5-46 (c) Unless the matter was made an issue in the trial court
5-47 or it affirmatively appears to the contrary from the transcript or
5-48 the statement of facts, the appellate court shall presume that:
5-49 (1) venue was proven in the trial court;
5-50 (2) the jury, if any, was properly impaneled and
5-51 sworn;
5-52 (3) the defendant was arraigned and pleaded to the
5-53 complaint; and
5-54 (4) the municipal judge certified the charge and the
5-55 clerk filed the charge before it was read to the jury.
5-56 (d) In each case decided by the appellate court, the court
5-57 shall deliver a written opinion or order either sustaining or
5-58 overruling each assignment of error presented. The court need not
5-59 give a reason for overruling an assignment of error, but it may
5-60 cite the cases on which it relied. If an assignment of error is
5-61 sustained, the court shall set forth the reasons for the decision.
5-62 The appellate court clerk shall mail copies of the decision to the
5-63 parties and to the municipal judge as soon as the decision is
5-64 rendered.
5-65 Sec. 30.871. CERTIFICATE OF APPELLATE PROCEEDINGS. When the
5-66 judgment of the appellate court becomes final, the clerk of that
5-67 court shall certify the proceedings and the judgment and shall mail
5-68 the certificate to the clerk of the municipal court of record.
5-69 When the clerk of the municipal court of record receives the
5-70 record, the clerk shall file the record with the papers in the case
6-1 and note the filing on the docket of the municipal court of record.
6-2 If the municipal court of record judgment is affirmed, further
6-3 action to enforce the judgment is not necessary except to:
6-4 (1) forfeit the bond of the defendant;
6-5 (2) issue a writ of capias for the defendant; or
6-6 (3) issue an execution against the defendant's
6-7 property.
6-8 Sec. 30.872. EFFECT OF ORDER OF NEW TRIAL. If the appellate
6-9 court awards a new trial to the defendant, the case stands as if a
6-10 new trial had been granted by the municipal court of record.
6-11 Sec. 30.873. APPEAL TO THE COURT OF APPEALS. An appeal of
6-12 the appellate court decision to the court of appeals is governed by
6-13 the Code of Criminal Procedure, except that the transcript, briefs,
6-14 and statement of facts filed in the appellate court constitute the
6-15 transcript, briefs, and statement of facts on appeal to the court
6-16 of appeals unless the rules of the court of criminal appeals
6-17 provide otherwise.
6-18 SECTION 2. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended,
6-23 and that this Act take effect and be in force from and after its
6-24 passage, and it is so enacted.
6-25 * * * * *
6-26 Austin,
6-27 Texas
6-28 April 27, 1993
6-29 Hon. Bob Bullock
6-30 President of the Senate
6-31 Sir:
6-32 We, your Committee on Jurisprudence to which was referred S.B. No.
6-33 1310, have had the same under consideration, and I am instructed to
6-34 report it back to the Senate with the recommendation that it do not
6-35 pass, but that the Committee Substitute adopted in lieu thereof do
6-36 pass and be printed.
6-37 Henderson,
6-38 Chairman
6-39 * * * * *
6-40 WITNESSES
6-41 FOR AGAINST ON
6-42 ___________________________________________________________________
6-43 Name: Dab Johnson x
6-44 Representing: City of Carrollton
6-45 City: Carrollton
6-46 -------------------------------------------------------------------
6-47 Name: Gary W. Blannscet x
6-48 Representing: City of Carrollton
6-49 City: Carrollton
6-50 -------------------------------------------------------------------