1-1 By: Harris of Tarrant S.B. No. 1482
1-2 (In the Senate - Filed May 7, 1993; May 7, 1993, read first
1-3 time and referred to Committee on Jurisprudence; May 11, 1993,
1-4 reported favorably by the following vote: Yeas 5, Nays 0;
1-5 May 11, 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 the creation of municipal courts of record in
1-18 Arlington.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Chapter 30, Government Code, is amended by adding
1-21 Subchapter N to read as follows:
1-22 SUBCHAPTER N. ARLINGTON
1-23 Sec. 30.421. APPLICATION. This subchapter applies to the
1-24 City of Arlington.
1-25 Sec. 30.422. CREATION. (a) The governing body of the city
1-26 may by ordinance create a municipal court of record if it
1-27 determines that the formation of the court is necessary to provide
1-28 a more efficient disposition of cases arising in the city. The
1-29 governing body may by ordinance determine the number of municipal
1-30 courts of record that are required to dispose of the cases and may
1-31 establish as many as are needed. The ordinance establishing the
1-32 courts shall give each court a numerical designation, beginning
1-33 with "Municipal Court of Record No. 1."
1-34 (b) A municipal court of record may not exist concurrently
1-35 with municipal courts that are not courts of record in the city.
1-36 (c) A municipal court of record has no terms and may sit at
1-37 any time for the transaction of the business of the court.
1-38 Sec. 30.423. APPLICATION OF OTHER LAWS. The general law
1-39 regarding municipal courts, the general law regarding justice
1-40 courts on matters not covered by the law regarding municipal
1-41 courts, and any charter provision or ordinance of the city relating
1-42 to the municipal court apply to a municipal court of record unless
1-43 the law, charter provision, or ordinance is in conflict or
1-44 inconsistent with this subchapter.
1-45 Sec. 30.424. JUDGE. (a) A municipal court of record is
1-46 presided over by a municipal judge.
1-47 (b) If there is more than one municipal judge in the city,
1-48 the governing body of the city shall appoint one of the judges to
1-49 be the chief judge.
1-50 (c) A municipal judge, including the chief judge, is
1-51 appointed by the governing body of the city for a term of two
1-52 years.
1-53 (d) A municipal judge must be a licensed attorney in good
1-54 standing in this state and must have two or more years of
1-55 experience in the practice of law in this state. The judge must be
1-56 a citizen of the United States and of this state. The judge shall
1-57 devote as much time to the office as it requires.
1-58 (e) If there is more than one municipal court of record in
1-59 the city, the judges may exchange benches and may sit and act for
1-60 each other in any proceeding pending in the courts. An act
1-61 performed by any of the judges is binding on all parties to the
1-62 proceeding.
1-63 (f) A municipal judge is entitled to a salary from the city,
1-64 the amount of which is determined by the governing body of the city
1-65 and may not be diminished during the judge's term of office. The
1-66 salary may not be based directly or indirectly on fines, fees, or
1-67 costs collected by the court.
1-68 (g) A municipal judge may be removed from office by the
2-1 governing body of the city at any time for incompetency,
2-2 misconduct, malfeasance, or disability.
2-3 (h) A municipal judge shall take judicial notice of the city
2-4 ordinances and the corporate limits of the city in a case tried
2-5 before a municipal court of record. A municipal judge may grant
2-6 writs of mandamus, injunction, and attachment and other writs
2-7 necessary to the enforcement of the jurisdiction of the court and
2-8 may issue writs of habeas corpus in cases in which the offense
2-9 charged is within the jurisdiction of the court.
2-10 (i) The governing body of the city shall appoint a qualified
2-11 person to fill a vacancy in the office of municipal judge.
2-12 (j) The governing body may appoint one or more qualified
2-13 persons to be available to serve for a municipal judge who is
2-14 temporarily absent due to illness, family death, or continuing
2-15 legal or judicial education programs or for any other reason. The
2-16 chief judge, or the municipal judge if there is no chief judge,
2-17 shall select one of the persons appointed by the governing body to
2-18 serve during an absence. An alternate judge, while serving, has
2-19 all the powers and shall discharge all the duties of a municipal
2-20 judge. An alternate judge must have the same qualifications as a
2-21 municipal judge.
2-22 Sec. 30.425. CLERK; OTHER PERSONNEL. The city manager of
2-23 the city shall appoint a clerk of the municipal court of record who
2-24 may hire, direct, and remove the personnel authorized in the city's
2-25 annual budget for the clerk's office. The clerk or the clerk's
2-26 deputies shall keep the records of the municipal courts of record,
2-27 issue process, and generally perform the duties for the courts that
2-28 a clerk of the county court exercising criminal jurisdiction is
2-29 required by law to perform for that court. The clerk shall
2-30 perform the duties in accordance with statutes, the city charter,
2-31 and city ordinances.
2-32 Sec. 30.426. COURT REPORTER. (a) The city shall provide a
2-33 court reporter for the purpose of preserving a record in cases
2-34 tried before the municipal court of record. The clerk of the court
2-35 shall appoint the court reporter, who must meet the qualifications
2-36 provided by law for official court reporters. The reporter shall
2-37 be compensated by the city in the manner determined by the
2-38 governing body of the city.
2-39 (b) The court reporter may use written notes, transcribing
2-40 equipment, video or audio recording equipment, or a combination of
2-41 those methods to record the proceedings of the court. The court
2-42 reporter shall keep the record for the 20-day period beginning the
2-43 date after the last day of the court proceeding, trial, or denial
2-44 of motion for new trial, whichever occurs last.
2-45 (c) The court reporter is not required to record testimony
2-46 in a case unless the judge or one of the parties requests a record.
2-47 A party's request for a record must be in writing and be filed with
2-48 the court before trial.
2-49 (d) The governing body may provide that, in lieu of
2-50 providing a court reporter at trial, proceedings in a municipal
2-51 court of record may be recorded by a good quality electronic
2-52 recording device. If the governing body authorizes the electronic
2-53 recording, the court reporter need not be present at trial to
2-54 certify the statement of facts. The recording shall be kept and
2-55 stored for the 20-day period beginning the day after the last day
2-56 of the proceeding, trial, or denial of motion for new trial,
2-57 whichever occurs last. The proceedings that are appealed shall be
2-58 transcribed from the recording by an official court reporter.
2-59 Sec. 30.427. PROSECUTIONS BY CITY ATTORNEY. All
2-60 prosecutions in the municipal court of record must be conducted by
2-61 the city attorney or an assistant or deputy city attorney.
2-62 Sec. 30.428. JURY. (a) A person who is brought before a
2-63 municipal court of record and who is charged with an offense is
2-64 entitled to be tried by a jury of six persons unless that right is
2-65 waived according to law. The jury shall decide all questions of
2-66 fact or credibility of witnesses. The court shall determine all
2-67 matters of law and shall charge the jury on the law.
2-68 (b) A juror who serves in the municipal courts of record
2-69 must meet the qualifications provided by Chapter 62.
2-70 Sec. 30.429. APPEAL. (a) A defendant has the right of
3-1 appeal from a judgment or conviction in a municipal court of record
3-2 as provided in this subchapter. The county criminal courts of
3-3 Tarrant County have jurisdiction over an appeal. The state has no
3-4 right to an appeal or to a new trial.
3-5 (b) The appellate court shall determine each appeal from a
3-6 municipal court of record conviction on the basis of the errors
3-7 that are set forth in the defendant's motion for new trial and that
3-8 are presented in the transcript and statement of facts prepared
3-9 from the proceedings leading to the conviction. An appeal from the
3-10 municipal court of record may not be by trial de novo.
3-11 (c) To perfect an appeal, the defendant must file with the
3-12 municipal court clerk a written motion for new trial not later than
3-13 the 10th day after the date on which judgment is rendered. The
3-14 motion must set forth the points of error of which the defendant
3-15 complains. The motion or an amended motion may be amended by leave
3-16 of court at any time before action on the motion is taken, but not
3-17 later than the 20th day after the date on which the original or
3-18 amended motion is filed. The court may for good cause extend the
3-19 time for filing or amending but the extension may not exceed 90
3-20 days from the original filing deadline. If the court does not act
3-21 on the motion before the expiration of the 30 days allowed for
3-22 determination of the motion, the original or amended motion is
3-23 overruled by operation of law.
3-24 (d) To perfect an appeal, the defendant must also give
3-25 notice of the appeal. If the defendant requests a hearing on the
3-26 motion for new trial, the defendant may give the notice of appeal
3-27 orally in open court on the overruling of the motion. If there is
3-28 no hearing, the defendant must give written notice of appeal and
3-29 must file the notice with the court not later than the 10th day
3-30 after the date on which the motion is overruled. The court may for
3-31 good cause extend that time period, but the extension may not
3-32 exceed 90 days from the original filing deadline.
3-33 Sec. 30.430. APPEAL BOND. (a) If the defendant is not in
3-34 custody, the defendant may not take an appeal until the defendant
3-35 files an appeal bond with the municipal court of record. The bond
3-36 must be approved by the court and must be filed not later than the
3-37 10th day after the date on which the motion for new trial is
3-38 overruled. If the defendant is in custody, the defendant shall be
3-39 committed to jail unless the defendant posts the appeal bond.
3-40 (b) The appeal bond must be in the amount of $50 or double
3-41 the amount of the fine and costs adjudged against the defendant,
3-42 whichever is greater. The bond must state that the defendant was
3-43 convicted in the case and has appealed, must be payable to the
3-44 state for the use and benefit of the city, and must be conditioned
3-45 on the defendant's appearance in the court to which the appeal is
3-46 taken.
3-47 Sec. 30.431. RECORD ON APPEAL. The record on appeal
3-48 consists of a transcript and, if necessary to the appeal, a
3-49 statement of facts. The court reporter shall prepare the record
3-50 from the reporter's record or mechanical or videotape recordings of
3-51 the proceedings. The defendant shall pay for the cost of the
3-52 transcription. If the court finds that the defendant is unable to
3-53 pay or give security for the record on appeal after a hearing in
3-54 response to an affidavit by the defendant, the court shall order
3-55 the reporter to prepare the record without charge to the defendant.
3-56 If the case is reversed on appeal, the court shall promptly refund
3-57 the cost to the defendant.
3-58 Sec. 30.432. TRANSCRIPT. (a) On the written request of the
3-59 defendant or the defendant's attorney, the municipal court clerk
3-60 shall prepare under the clerk's hand and seal a transcript of the
3-61 municipal court of record proceedings. The transcript must include
3-62 copies of:
3-63 (1) the complaint;
3-64 (2) material docket entries made by the court;
3-65 (3) the jury charge and verdict in a jury trial;
3-66 (4) the judgment;
3-67 (5) the motion for new trial;
3-68 (6) the notice of appeal;
3-69 (7) written motions and pleas;
3-70 (8) written orders of the court;
4-1 (9) any bills of exception filed with the court;
4-2 (10) the appeal bond; and
4-3 (11) exhibits admitted into evidence.
4-4 (b) The clerk may include in the transcript additional
4-5 portions of the proceedings in the court prepared from mechanical
4-6 or videotape recordings.
4-7 Sec. 30.433. BILLS OF EXCEPTION. Either party may include
4-8 bills of exception in the transcript subject to the applicable
4-9 provisions of the Code of Criminal Procedure. The bills of
4-10 exception must be filed with the municipal court clerk not later
4-11 than the 60th day after the date on which the notice of appeal is
4-12 given or filed.
4-13 Sec. 30.434. STATEMENTS OF FACTS. A statement of facts
4-14 included in the record on appeal must contain:
4-15 (1) a transcript of all or part of the municipal court
4-16 of record proceedings that are shown by the notes of the court
4-17 reporter to have occurred before, during, or after the trial, if
4-18 the transcript is requested by the defendant;
4-19 (2) a brief statement of the facts of the case proven
4-20 at trial as agreed to by the defendant and the prosecuting
4-21 attorney;
4-22 (3) a partial transcript and the agreed statement of
4-23 the facts of the case; or
4-24 (4) a transcript of all or part of the municipal court
4-25 of record proceedings in the case that is prepared from mechanical
4-26 or videotape recordings of the proceedings.
4-27 Sec. 30.435. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
4-28 (a) Not later than the 60th day after the date on which the notice
4-29 of appeal is given or filed, the parties must file with the
4-30 municipal court clerk:
4-31 (1) the statement of facts;
4-32 (2) a written description of material to be included
4-33 in the transcript in addition to the required material; and
4-34 (3) any material to be included in the transcript that
4-35 is not in the custody of the clerk.
4-36 (b) On completion of the record, the municipal judge shall
4-37 approve the record in the manner provided for record completion,
4-38 approval, and notification in the court of appeals.
4-39 (c) After the court approves the record, the clerk shall
4-40 promptly send it to the appellate court clerk for filing. The
4-41 appellate court clerk shall notify the defendant and the
4-42 prosecuting attorney that the record has been filed.
4-43 Sec. 30.436. BRIEF ON APPEAL. (a) A defendant's brief on
4-44 appeal from a municipal court of record must present points of
4-45 error in the manner required by law for a brief on appeal to the
4-46 court of appeals.
4-47 (b) The defendant must file the brief with the appellate
4-48 court clerk not later than the 15th day after the date on which the
4-49 transcript and statement of facts are filed with that clerk. The
4-50 defendant or the defendant's attorney must certify that the brief
4-51 has been properly mailed to the prosecuting attorney.
4-52 (c) The prosecuting attorney must file the appellee's brief
4-53 with the appellate court clerk not later than the 15th day after
4-54 the date on which the defendant's brief is filed.
4-55 (d) On filing, each party shall deliver a copy of the brief
4-56 to the opposing party and to the municipal judge.
4-57 Sec. 30.437. COURT RULES. (a) Except as modified by this
4-58 subchapter, the Code of Criminal Procedure governs the trial of
4-59 cases before the municipal court of record. The court may make and
4-60 enforce all rules of practice and procedure necessary to expedite
4-61 the trial of cases before the court that are not inconsistent with
4-62 general law.
4-63 (b) The appellate courts may make and enforce all rules of
4-64 practice and procedure that are not inconsistent with general law
4-65 and that are necessary to expedite the dispatch of appeals from the
4-66 municipal court of record.
4-67 Sec. 30.438. DISPOSITION ON APPEAL. (a) According to law
4-68 and the nature of the case, the appellate court may:
4-69 (1) affirm the judgment of the municipal court of
4-70 record;
5-1 (2) reverse and remand for a new trial;
5-2 (3) reverse and dismiss the case; or
5-3 (4) reform and correct the judgment.
5-4 (b) Unless the matter was made an issue in the trial court
5-5 or it affirmatively appears to the contrary from the transcript or
5-6 the statement of facts, the appellate court shall presume that:
5-7 (1) venue was proven in the trial court;
5-8 (2) the jury, if any, was properly impaneled and
5-9 sworn;
5-10 (3) the defendant was arraigned and pleaded to the
5-11 complaint; and
5-12 (4) the municipal judge certified the charge before it
5-13 was read to the jury.
5-14 (c) In each case decided by the appellate court, the court
5-15 shall deliver a written opinion or order either sustaining or
5-16 overruling each assignment of error presented. The court shall set
5-17 forth the reasons for its decision. The appellate court clerk
5-18 shall mail copies of the decision to the parties and to the
5-19 municipal judge as soon as the decision is rendered.
5-20 Sec. 30.439. CERTIFICATE OF APPELLATE PROCEEDINGS. When the
5-21 judgment of the appellate court becomes final, the clerk of that
5-22 court shall certify the proceedings and the judgment and shall mail
5-23 the certificate to the municipal court. The court clerk shall file
5-24 the certificate with the papers in the case and note the
5-25 certificate on the case docket. If the municipal court of record
5-26 judgment is affirmed, further action to enforce the judgment is not
5-27 necessary except to:
5-28 (1) forfeit the bond of the defendant;
5-29 (2) issue a writ of capias for the defendant; or
5-30 (3) issue an execution against the defendant's
5-31 property.
5-32 Sec. 30.440. EFFECT OF ORDER OF NEW TRIAL. If the appellate
5-33 court awards a new trial to the defendant, the case stands as if a
5-34 new trial had been granted by the municipal court of record.
5-35 Sec. 30.441. APPEAL TO COURT OF APPEALS. The defendant has
5-36 the right to appeal to the court of appeals if the fine assessed
5-37 against the defendant exceeds $100 and if the judgment is affirmed
5-38 by the appellate court. The provisions of the Code of Criminal
5-39 Procedure relating to direct appeals from a county or a district
5-40 court to the court of appeals apply to the appeal, except that:
5-41 (1) the record and briefs on appeal in the appellate
5-42 court constitute the record and briefs on appeal to the court of
5-43 appeals unless the rules of the court of criminal appeals provide
5-44 otherwise; and
5-45 (2) the record and briefs shall be filed directly with
5-46 the court of appeals.
5-47 SECTION 2. The importance of this legislation and the
5-48 crowded condition of the calendars in both houses create an
5-49 emergency and an imperative public necessity that the
5-50 constitutional rule requiring bills to be read on three several
5-51 days in each house be suspended, and this rule is hereby suspended,
5-52 and that this Act take effect and be in force from and after its
5-53 passage, and it is so enacted.
5-54 * * * * *
5-55 Austin,
5-56 Texas
5-57 May 11, 1993
5-58 Hon. Bob Bullock
5-59 President of the Senate
5-60 Sir:
5-61 We, your Committee on Jurisprudence to which was referred S.B.
5-62 No. 1482, have had the same under consideration, and I am
5-63 instructed to report it back to the Senate with the recommendation
5-64 that it do pass and be printed.
5-65 Henderson,
5-66 Chairman
5-67 * * * * *
5-68 WITNESSES
5-69 No witnesses appeared on S.B. No. 1482.