BILL ANALYSIS




By THOMPSON              COMMITTEE SUBSTITUTE FOR HOUSE BILL 1242



BACKGROUND

     Currently, the municipal court in Crowley is not a court of
record.  This means that all citations issued in the City of
Crowley have an automatic right of appeal to county courts.  The
defendant need only plead no contest or guilty, give notice of
appeal, submit a surety bond and the case is appealed to the
county.  At the county level, theoretically a new trial is held on
the merits without regard to anything that might have happened at
municipal court.  In practice, what happens at the county level is
either the back-log is so great that the citations are never
reached, or if the case is reached, there is a plea bargain with
costs going to the county.  The ease of appeal from a municipal
court that is not a court of record impairs the city's ability to
enforce traffic laws and local ordinances.  An appeal from a
municipal court of record may only occur after trial, and may only
be based upon errors of law.


PURPOSE

     To permit the City of Crowley to establish their municipal
court as a municipal court of record, so it may more effectively
enforce its ordinances and traffic laws.


RULEMAKING AUTHORITY

     It is the opinion of the committee that this bill does not
delegate any rulemaking authority to a state agency, officer,
department or institution.


SECTION-BY-SECTION ANALYSIS

     SECTION 1 amends Chapter 30 of the Government Code by adding
subchapter FF.

     Sec. 30.1881 provides that this subchapter shall apply to the
City of Crowley.

     Sec. 30.1882 permits the governing body of the City to create
a municipal court of record by ordinance.

     Sec. 30.1883 provides that the general law regarding municipal
courts and any charter provision or ordinance relating to municipal
courts apply to the court of record unless they are in conflict
with this subchapter.

     Sec. 30.1884 provides for a municipal judge to be appointed by
the governing body of the city, and establishes the qualifications
for appointment, guidelines for salary, terms of renewal and
parameters of authority for the judge.  The governing body may fill
vacancies in the office of municipal judge and appoint alternate
judges.

     Sec. 30.1885 provides for the appointment of a clerk of the
municipal court of record and establishes the clerk's duties.

     Sec. 30.1886 provides for the appointment of a qualified court
reporter who may use written notes, transcribing equipment,
video/audio recording equipment or a combination of those methods
to record the proceedings of municipal court.  As with most
municipal courts of record, the court reporter is not required to
be present at trial and need only transcribe the proceedings from
the recording in the event of an appeal.

     Sec. 30.1887 provides that prosecutions in the municipal court
of record will be conducted by the city attorney or deputy city
attorney.

     Sec. 30.1888 provides that any person brought before the
municipal court of record charged with an offense is entitled to be
tried by a jury of six persons, unless that right is waived.

     Sec. 30.1889 provides that a defendant, and not the state, has
a right to appeal from a judgment or conviction in the municipal
court of record on the basis of errors.  Tarrant County courts at
law have jurisdiction over the appeal, which may not be by trial de
novo.  To perfect an appeal, the defendant must file a written
motion for new trial which sets forth the points of error of which
the defendant complains.  The defendant must also give notice of
the appeal upon the overruling of the motion for new trial.

     Sec. 30.1890 provides that an appeal may not be taken unless
a bond approved by the court is filed not later than the tenth day
after the motion for new trial, and sets forth requirements for the
bond.

     Sec. 30.1891 details the required contents of the record on
appeal.  The defendant is required to pay for the costs of
transcription unless the court finds that the defendant is unable
to pay.  If the case is reversed on appeal, the court must refund
the cost of transcription to the defendant.

     Sec. 30.1892 requires the clerk to prepare a transcript of the
court proceedings if requested by the defendant and sets forth what
must be included in the transcript.

     Sec. 30.1893 provides that either party may include bills of
exception in the transcript if they are timely filed with the
municipal court clerk.

     Sec. 30.1894 sets forth what must be contained in a statement
of facts if required to be included in a record on appeal.

     Sec. 30.1895 provides for the completion, approval and
transfer of the record upon appeal to the county appellate court. 

     Sec. 30.1896 provides that the defendant and prosecutor must
file briefs with the clerk and establishes the time period in which
the briefs must be filed.

     Sec. 30.1897 provides that, except as modified by this
subchapter, the Code of Criminal Procedure governs the trial of
cases before the municipal court of record and that the court may
make and enforce rules of practice and procedure necessary to
expedite the trial cases not inconsistent with general law.  A bond
must be payable to the state for the use and benefit of the city. 
A peace officer may serve process issued by the municipal courts of
record.  The county appellate courts can make and enforce rules of
practice and procedure not inconsistent with general law to
expedite appeals.

     Sec. 30.1898 authorizes the appellate court to, according to
the law and nature of the case, affirm the judgment of the
municipal court, reverse and remand the case for a new trial,
reverse and dismiss the case, or reform and correct the judgment. 
The appellate court is directed to deliver a written opinion order
either sustaining or overruling each assignment of error presented
to the court and the mail copies of the decision to all parties.

     Sec. 30.1899 requires the county appellate court to certify
the appellate proceedings and mail the certificate to the municipal
court.  If the municipal court proceedings were affirmed, further
action to enforce the judgment is not necessary except to forfeit
the bond, issue a writ of capias or issue an execution against the
defendant's property.

     Sec. 30.1900 provides that if the appellate court awards a new
trial to the defendant, the case is tried in the municipal court of
record as if a new trial had been granted by the court of record.

     Sec. 30.1901 provides that the defendant may appeal to the
court of appeals if the fine assessed exceeds $100.00, and if the
judgment is affirmed by the county appellate court.  Provisions in
the Code of Criminal Procedure relating to appeals from a county or
a district court apply to the appeal except the record and brief on
appeal constitute the record, and the record and brief shall be
filed directly with the court of appeals.

SECTION 2.  Emergency clause.  Effective date.


COMPARISON OF SUBSTITUTE TO ORIGINAL

     In Section 1, the substitute adds "or city administrator"
following "city manager" on page 3, line 26, in Section 30.1885.


SUMMARY OF COMMITTEE ACTION

     Pursuant to suspension of the five-day posting rule, the
Committee on Judicial Affairs met in a public hearing on February
21, 1995, to consider House Bill 1242.  The Chair recognized the
author, Rep. Brimer, to explain the bill.  There were no other
witnesses for, on or against the bill.  The Chair offered up a
complete committee substitute to H.B. 1242.  The Chair moved to
adopt the committee substitute; there being no objection, the
substitute was adopted.  Rep. Goodman moved that H.B. 1242 be
reported back to the full House, as substituted, with the
recommendation that it do pass, be printed and placed on the local
and consent calendar.  The motion prevailed by the following record
vote:  8 ayes, 0 nays, 0 PNV and 1 absent.


Committee on Judicial Affairs