BILL ANALYSIS H.B. 1234 By: Hartnett 02-28-95 Committee Report (Unamended) BACKGROUND Under Texas law, in the absence of a local statute, appeals from a municipal court must be done by a trial de novo, i.e. an entirely new trial. A local statute, however, may allow the appeal to be based on recorded errors made during the trial in lieu of a new trial. Statutes now provide thirty-six cities with municipal courts of record which do not require de novo trials on appeal. These cities, for example, include Fort Worth, Arlington, Grapevine, Addison, Carrollton, Hurst, Euless, Denton, and Garland. The City of Irving, twelfth largest in the state, has requested permission to designate its municipal courts as courts of record. PURPOSE This bill would amend Chapter 30, Government Code, by adding Subchapter AA to allow the designation of Irving's municipal courts as statutory courts of record. This would make appeals from Irving municipal courts based on the record rather than de novo. Such action would provide a more efficient disposition of Irving cases and eliminate the senseless duplication of trials. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 30, Government Code, by adding Subchapter AA, Irving, to create municipal courts of record in Irving. Sec. 30.0241. This subchapter only applies to the City of Irving. Sec. 30.0242. Allows the governing body of the City to establish municipal courts of record as needed. Sec. 30.0243. Allows for the application of general laws to a municipal court of record unless it is in conflict or inconsistent with this subchapter. Sec. 30.0244. Provides for the method of judicial selection, compensation, removal, and service. Sec. 30.0245. Allows the city manager to appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget. Also allows the clerk or the clerk's deputies or assistants to perform the duties in accordance with statute, the city charter, and city ordinances. Sec. 30.0246. Requires the city to provide an official court reporter to preserve the record by specified means including electronically. Judges are required to warn defendants that the right to appeal is waived unless a record is made. Requests to record the proceedings may be made by the judge or by a party's written request filed prior to trial. Sec. 30.0247. Requires specific attorneys to conduct prosecutions in municipal courts of record. Sec. 30.0248. Provides for the right to a jury of six persons meeting certain qualifications. Sec. 30.0249. Provides for the right of appeal from a judgment of conviction to be filed within ten days on the basis of errors. Requires notice of appeal. Sec. 30.0250. Provides for an appeal bond. Sec. 30.0251. Defines the record on appeal. Sec. 30.0252. Provides for a transcript on written request. Sec. 30.0253. Allows for bills of exception. Sec. 30.0254. Sets forth what must be included in the statements of facts. Sec. 30.0255. Provides for completion, approval, and transfer of the record. Sec. 30.0256. Sets forth requirements for a brief on appeal. Sec. 30.0257. Provides that the Code of Criminal Procedure and local rules not inconsistent with general law govern the trial of the case. Sec. 30.0258. Provides for dispositions on appeal. Sec. 30.0259. Provides for certification of appellate proceedings. Sec. 30.0260. Provides effect of order of new trial. Sec. 30.0361. Sets forth the right to appeal to the court of appeals. SECTION 2. Emergency clause. Effective date. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted February 15, 1995, in accordance with House rules, the Committee on Judicial Affairs met in a public hearing on February 21, 1995, to consider House Bill 1234. The Chair recognized the author, Rep. Hartnett, to explain the bill. The following witnesses testified for H.B. 1234: Crystal Johns, assistant city manager, representing the City of Irving; and, Melba Owens, court services director, representing the City of Irving. There were no other witnesses. The Chair recognized Rep. Hartnett to close. Rep. Hartnett moved that H.B. 1234 be reported back to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. There being objections by committee members, Rep. Hartnett withdrew his motion and the Chair left H.B. 1234 pending. Pursuant to a public notice posted February 22, 1995, in accordance with House rules, the Committee on Judicial Affairs met in a public hearing on February 28, 1995. The Chair laid out House Bill 1234 which had been left pending. There being no witnesses, Rep. Nixon moved that H.B. 1234 be reported back to the full House favorably, without amendment, with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote: 7 ayes, 0 nays, 0 PNV and 2 absent.