S.B. No. 1482
AN ACT
1-1 relating to the creation of municipal courts of record in
1-2 Arlington.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 30, Government Code, is amended by adding
1-5 Subchapter N to read as follows:
1-6 SUBCHAPTER N. ARLINGTON
1-7 Sec. 30.421. APPLICATION. This subchapter applies to the
1-8 City of Arlington.
1-9 Sec. 30.422. CREATION. (a) The governing body of the city
1-10 may by ordinance create a municipal court of record if it
1-11 determines that the formation of the court is necessary to provide
1-12 a more efficient disposition of cases arising in the city. The
1-13 governing body may by ordinance determine the number of municipal
1-14 courts of record that are required to dispose of the cases and may
1-15 establish as many as are needed. The ordinance establishing the
1-16 courts shall give each court a numerical designation, beginning
1-17 with "Municipal Court of Record No. 1."
1-18 (b) A municipal court of record may not exist concurrently
1-19 with municipal courts that are not courts of record in the city.
1-20 (c) A municipal court of record has no terms and may sit at
1-21 any time for the transaction of the business of the court.
1-22 Sec. 30.423. APPLICATION OF OTHER LAWS. The general law
1-23 regarding municipal courts, the general law regarding justice
1-24 courts on matters not covered by the law regarding municipal
2-1 courts, and any charter provision or ordinance of the city relating
2-2 to the municipal court apply to a municipal court of record unless
2-3 the law, charter provision, or ordinance is in conflict or
2-4 inconsistent with this subchapter.
2-5 Sec. 30.424. JUDGE. (a) A municipal court of record is
2-6 presided over by a municipal judge.
2-7 (b) If there is more than one municipal judge in the city,
2-8 the governing body of the city shall appoint one of the judges to
2-9 be the chief judge.
2-10 (c) A municipal judge, including the chief judge, is
2-11 appointed by the governing body of the city for a term of two
2-12 years.
2-13 (d) A municipal judge must be a licensed attorney in good
2-14 standing in this state and must have two or more years of
2-15 experience in the practice of law in this state. The judge must be
2-16 a citizen of the United States and of this state. The judge shall
2-17 devote as much time to the office as it requires.
2-18 (e) If there is more than one municipal court of record in
2-19 the city, the judges may exchange benches and may sit and act for
2-20 each other in any proceeding pending in the courts. An act
2-21 performed by any of the judges is binding on all parties to the
2-22 proceeding.
2-23 (f) A municipal judge is entitled to a salary from the city,
2-24 the amount of which is determined by the governing body of the city
2-25 and may not be diminished during the judge's term of office. The
2-26 salary may not be based directly or indirectly on fines, fees, or
2-27 costs collected by the court.
3-1 (g) A municipal judge may be removed from office by the
3-2 governing body of the city at any time for incompetency,
3-3 misconduct, malfeasance, or disability.
3-4 (h) A municipal judge shall take judicial notice of the city
3-5 ordinances and the corporate limits of the city in a case tried
3-6 before a municipal court of record. A municipal judge may grant
3-7 writs of mandamus, injunction, and attachment and other writs
3-8 necessary to the enforcement of the jurisdiction of the court and
3-9 may issue writs of habeas corpus in cases in which the offense
3-10 charged is within the jurisdiction of the court.
3-11 (i) The governing body of the city shall appoint a qualified
3-12 person to fill a vacancy in the office of municipal judge.
3-13 (j) The governing body may appoint one or more qualified
3-14 persons to be available to serve for a municipal judge who is
3-15 temporarily absent due to illness, family death, or continuing
3-16 legal or judicial education programs or for any other reason. The
3-17 chief judge, or the municipal judge if there is no chief judge,
3-18 shall select one of the persons appointed by the governing body to
3-19 serve during an absence. An alternate judge, while serving, has
3-20 all the powers and shall discharge all the duties of a municipal
3-21 judge. An alternate judge must have the same qualifications as a
3-22 municipal judge.
3-23 Sec. 30.425. CLERK; OTHER PERSONNEL. The city manager of
3-24 the city shall appoint a clerk of the municipal court of record who
3-25 may hire, direct, and remove the personnel authorized in the city's
3-26 annual budget for the clerk's office. The clerk or the clerk's
3-27 deputies shall keep the records of the municipal courts of record,
4-1 issue process, and generally perform the duties for the courts that
4-2 a clerk of the county court exercising criminal jurisdiction is
4-3 required by law to perform for that court. The clerk shall
4-4 perform the duties in accordance with statutes, the city charter,
4-5 and city ordinances.
4-6 Sec. 30.426. COURT REPORTER. (a) The city shall provide a
4-7 court reporter for the purpose of preserving a record in cases
4-8 tried before the municipal court of record. The clerk of the court
4-9 shall appoint the court reporter, who must meet the qualifications
4-10 provided by law for official court reporters. The reporter shall
4-11 be compensated by the city in the manner determined by the
4-12 governing body of the city.
4-13 (b) The court reporter may use written notes, transcribing
4-14 equipment, video or audio recording equipment, or a combination of
4-15 those methods to record the proceedings of the court. The court
4-16 reporter shall keep the record for the 20-day period beginning the
4-17 date after the last day of the court proceeding, trial, or denial
4-18 of motion for new trial, whichever occurs last.
4-19 (c) The court reporter is not required to record testimony
4-20 in a case unless the judge or one of the parties requests a record.
4-21 A party's request for a record must be in writing and be filed with
4-22 the court before trial.
4-23 (d) The governing body may provide that, in lieu of
4-24 providing a court reporter at trial, proceedings in a municipal
4-25 court of record may be recorded by a good quality electronic
4-26 recording device. If the governing body authorizes the electronic
4-27 recording, the court reporter need not be present at trial to
5-1 certify the statement of facts. The recording shall be kept and
5-2 stored for the 20-day period beginning the day after the last day
5-3 of the proceeding, trial, or denial of motion for new trial,
5-4 whichever occurs last. The proceedings that are appealed shall be
5-5 transcribed from the recording by an official court reporter.
5-6 Sec. 30.427. PROSECUTIONS BY CITY ATTORNEY. All
5-7 prosecutions in the municipal court of record must be conducted by
5-8 the city attorney or an assistant or deputy city attorney.
5-9 Sec. 30.428. JURY. (a) A person who is brought before a
5-10 municipal court of record and who is charged with an offense is
5-11 entitled to be tried by a jury of six persons unless that right is
5-12 waived according to law. The jury shall decide all questions of
5-13 fact or credibility of witnesses. The court shall determine all
5-14 matters of law and shall charge the jury on the law.
5-15 (b) A juror who serves in the municipal courts of record
5-16 must meet the qualifications provided by Chapter 62.
5-17 Sec. 30.429. APPEAL. (a) A defendant has the right of
5-18 appeal from a judgment or conviction in a municipal court of record
5-19 as provided in this subchapter. The county criminal courts of
5-20 Tarrant County have jurisdiction over an appeal. The state has no
5-21 right to an appeal or to a new trial.
5-22 (b) The appellate court shall determine each appeal from a
5-23 municipal court of record conviction on the basis of the errors
5-24 that are set forth in the defendant's motion for new trial and that
5-25 are presented in the transcript and statement of facts prepared
5-26 from the proceedings leading to the conviction. An appeal from the
5-27 municipal court of record may not be by trial de novo.
6-1 (c) To perfect an appeal, the defendant must file with the
6-2 municipal court clerk a written motion for new trial not later than
6-3 the 10th day after the date on which judgment is rendered. The
6-4 motion must set forth the points of error of which the defendant
6-5 complains. The motion or an amended motion may be amended by leave
6-6 of court at any time before action on the motion is taken, but not
6-7 later than the 20th day after the date on which the original or
6-8 amended motion is filed. The court may for good cause extend the
6-9 time for filing or amending but the extension may not exceed 90
6-10 days from the original filing deadline. If the court does not act
6-11 on the motion before the expiration of the 30 days allowed for
6-12 determination of the motion, the original or amended motion is
6-13 overruled by operation of law.
6-14 (d) To perfect an appeal, the defendant must also give
6-15 notice of the appeal. If the defendant requests a hearing on the
6-16 motion for new trial, the defendant may give the notice of appeal
6-17 orally in open court on the overruling of the motion. If there is
6-18 no hearing, the defendant must give written notice of appeal and
6-19 must file the notice with the court not later than the 10th day
6-20 after the date on which the motion is overruled. The court may for
6-21 good cause extend that time period, but the extension may not
6-22 exceed 90 days from the original filing deadline.
6-23 Sec. 30.430. APPEAL BOND. (a) If the defendant is not in
6-24 custody, the defendant may not take an appeal until the defendant
6-25 files an appeal bond with the municipal court of record. The bond
6-26 must be approved by the court and must be filed not later than the
6-27 10th day after the date on which the motion for new trial is
7-1 overruled. If the defendant is in custody, the defendant shall be
7-2 committed to jail unless the defendant posts the appeal bond.
7-3 (b) The appeal bond must be in the amount of $50 or double
7-4 the amount of the fine and costs adjudged against the defendant,
7-5 whichever is greater. The bond must state that the defendant was
7-6 convicted in the case and has appealed, must be payable to the
7-7 state for the use and benefit of the city, and must be conditioned
7-8 on the defendant's appearance in the court to which the appeal is
7-9 taken.
7-10 Sec. 30.431. RECORD ON APPEAL. The record on appeal
7-11 consists of a transcript and, if necessary to the appeal, a
7-12 statement of facts. The court reporter shall prepare the record
7-13 from the reporter's record or mechanical or videotape recordings of
7-14 the proceedings. The defendant shall pay for the cost of the
7-15 transcription. If the court finds that the defendant is unable to
7-16 pay or give security for the record on appeal after a hearing in
7-17 response to an affidavit by the defendant, the court shall order
7-18 the reporter to prepare the record without charge to the defendant.
7-19 If the case is reversed on appeal, the court shall promptly refund
7-20 the cost to the defendant.
7-21 Sec. 30.432. TRANSCRIPT. (a) On the written request of the
7-22 defendant or the defendant's attorney, the municipal court clerk
7-23 shall prepare under the clerk's hand and seal a transcript of the
7-24 municipal court of record proceedings. The transcript must include
7-25 copies of:
7-26 (1) the complaint;
7-27 (2) material docket entries made by the court;
8-1 (3) the jury charge and verdict in a jury trial;
8-2 (4) the judgment;
8-3 (5) the motion for new trial;
8-4 (6) the notice of appeal;
8-5 (7) written motions and pleas;
8-6 (8) written orders of the court;
8-7 (9) any bills of exception filed with the court;
8-8 (10) the appeal bond; and
8-9 (11) exhibits admitted into evidence.
8-10 (b) The clerk may include in the transcript additional
8-11 portions of the proceedings in the court prepared from mechanical
8-12 or videotape recordings.
8-13 Sec. 30.433. BILLS OF EXCEPTION. Either party may include
8-14 bills of exception in the transcript subject to the applicable
8-15 provisions of the Code of Criminal Procedure. The bills of
8-16 exception must be filed with the municipal court clerk not later
8-17 than the 60th day after the date on which the notice of appeal is
8-18 given or filed.
8-19 Sec. 30.434. STATEMENTS OF FACTS. A statement of facts
8-20 included in the record on appeal must contain:
8-21 (1) a transcript of all or part of the municipal court
8-22 of record proceedings that are shown by the notes of the court
8-23 reporter to have occurred before, during, or after the trial, if
8-24 the transcript is requested by the defendant;
8-25 (2) a brief statement of the facts of the case proven
8-26 at trial as agreed to by the defendant and the prosecuting
8-27 attorney;
9-1 (3) a partial transcript and the agreed statement of
9-2 the facts of the case; or
9-3 (4) a transcript of all or part of the municipal court
9-4 of record proceedings in the case that is prepared from mechanical
9-5 or videotape recordings of the proceedings.
9-6 Sec. 30.435. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
9-7 (a) Not later than the 60th day after the date on which the notice
9-8 of appeal is given or filed, the parties must file with the
9-9 municipal court clerk:
9-10 (1) the statement of facts;
9-11 (2) a written description of material to be included
9-12 in the transcript in addition to the required material; and
9-13 (3) any material to be included in the transcript that
9-14 is not in the custody of the clerk.
9-15 (b) On completion of the record, the municipal judge shall
9-16 approve the record in the manner provided for record completion,
9-17 approval, and notification in the court of appeals.
9-18 (c) After the court approves the record, the clerk shall
9-19 promptly send it to the appellate court clerk for filing. The
9-20 appellate court clerk shall notify the defendant and the
9-21 prosecuting attorney that the record has been filed.
9-22 Sec. 30.436. BRIEF ON APPEAL. (a) A defendant's brief on
9-23 appeal from a municipal court of record must present points of
9-24 error in the manner required by law for a brief on appeal to the
9-25 court of appeals.
9-26 (b) The defendant must file the brief with the appellate
9-27 court clerk not later than the 15th day after the date on which the
10-1 transcript and statement of facts are filed with that clerk. The
10-2 defendant or the defendant's attorney must certify that the brief
10-3 has been properly mailed to the prosecuting attorney.
10-4 (c) The prosecuting attorney must file the appellee's brief
10-5 with the appellate court clerk not later than the 15th day after
10-6 the date on which the defendant's brief is filed.
10-7 (d) On filing, each party shall deliver a copy of the brief
10-8 to the opposing party and to the municipal judge.
10-9 Sec. 30.437. COURT RULES. (a) Except as modified by this
10-10 subchapter, the Code of Criminal Procedure governs the trial of
10-11 cases before the municipal court of record. The court may make and
10-12 enforce all rules of practice and procedure necessary to expedite
10-13 the trial of cases before the court that are not inconsistent with
10-14 general law.
10-15 (b) The appellate courts may make and enforce all rules of
10-16 practice and procedure that are not inconsistent with general law
10-17 and that are necessary to expedite the dispatch of appeals from the
10-18 municipal court of record.
10-19 Sec. 30.438. DISPOSITION ON APPEAL. (a) According to law
10-20 and the nature of the case, the appellate court may:
10-21 (1) affirm the judgment of the municipal court of
10-22 record;
10-23 (2) reverse and remand for a new trial;
10-24 (3) reverse and dismiss the case; or
10-25 (4) reform and correct the judgment.
10-26 (b) Unless the matter was made an issue in the trial court
10-27 or it affirmatively appears to the contrary from the transcript or
11-1 the statement of facts, the appellate court shall presume that:
11-2 (1) venue was proven in the trial court;
11-3 (2) the jury, if any, was properly impaneled and
11-4 sworn;
11-5 (3) the defendant was arraigned and pleaded to the
11-6 complaint; and
11-7 (4) the municipal judge certified the charge before it
11-8 was read to the jury.
11-9 (c) In each case decided by the appellate court, the court
11-10 shall deliver a written opinion or order either sustaining or
11-11 overruling each assignment of error presented. The court shall set
11-12 forth the reasons for its decision. The appellate court clerk
11-13 shall mail copies of the decision to the parties and to the
11-14 municipal judge as soon as the decision is rendered.
11-15 Sec. 30.439. CERTIFICATE OF APPELLATE PROCEEDINGS. When the
11-16 judgment of the appellate court becomes final, the clerk of that
11-17 court shall certify the proceedings and the judgment and shall mail
11-18 the certificate to the municipal court. The court clerk shall file
11-19 the certificate with the papers in the case and note the
11-20 certificate on the case docket. If the municipal court of record
11-21 judgment is affirmed, further action to enforce the judgment is not
11-22 necessary except to:
11-23 (1) forfeit the bond of the defendant;
11-24 (2) issue a writ of capias for the defendant; or
11-25 (3) issue an execution against the defendant's
11-26 property.
11-27 Sec. 30.440. EFFECT OF ORDER OF NEW TRIAL. If the appellate
12-1 court awards a new trial to the defendant, the case stands as if a
12-2 new trial had been granted by the municipal court of record.
12-3 Sec. 30.441. APPEAL TO COURT OF APPEALS. The defendant has
12-4 the right to appeal to the court of appeals if the fine assessed
12-5 against the defendant exceeds $100 and if the judgment is affirmed
12-6 by the appellate court. The provisions of the Code of Criminal
12-7 Procedure relating to direct appeals from a county or a district
12-8 court to the court of appeals apply to the appeal, except that:
12-9 (1) the record and briefs on appeal in the appellate
12-10 court constitute the record and briefs on appeal to the court of
12-11 appeals unless the rules of the court of criminal appeals provide
12-12 otherwise; and
12-13 (2) the record and briefs shall be filed directly with
12-14 the court of appeals.
12-15 SECTION 2. The importance of this legislation and the
12-16 crowded condition of the calendars in both houses create an
12-17 emergency and an imperative public necessity that the
12-18 constitutional rule requiring bills to be read on three several
12-19 days in each house be suspended, and this rule is hereby suspended,
12-20 and that this Act take effect and be in force from and after its
12-21 passage, and it is so enacted.