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.