BILL ANALYSIS
H.B. 1856
By: Dear
4-20-95
Committee Report (Unamended)
BACKGROUND
Currently, the municipal court in White Settlement is not a
court of record. This means that all persons issued citations in
the City of White Settlement 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, 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 backlog 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 White Settlement 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 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 of the Government Code by adding
subchapter W as follows:
Sec. 30.881 provides that this subchapter shall apply to the
City of White Settlement.
Sec. 30.882 (a) permits the governing body of the City to
create a municipal court of record by ordinance.
Sec. 30.883 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. 30.884 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. 30.885 provides for the appointment of a clerk of the
municipal court of record and establishes the clerk's duties.
Sec. 30.886 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. 30.887 provides that prosecutions in the municipal court
of record will be conducted by the city attorney or deputy
city attorney.
Sec. 30.888 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. 30.889 provides that a defendent, 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. The county
criminal courts of Tarrant County have jurisdiction over the
appeal, which may not be trial by 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.30.890 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 a new trial, and sets forth
requirements for the bond.
Sec. 30.891 details the required contents of the record on
appeal. The defendant is required to pay the cost 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. 30.892 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. 30.893 provides that either party may include bills of
exception in the transcript if they are timely filed with the
municipal court clerk.
Sec. 30.894 sets forth what must be contained in a statement
of facts if required to be included in a record on appeal.
Sec. 30.895 provides for the completion, approval and transfer
of the record upon appeal to the county appellate court.
Sec. 30.896 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. 30.897 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. 30.898 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 to mail copies
of the decision to all parties.
Sec. 30.899 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. 30.899 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 futher action to enforce the judgment is not
necessary except to forfiet the bond, issue a writ of capias
or issue an execution against the defendant's property.
Sec. 30.900 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. 30.901 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.
SUMMARY OF COMMITTEE ACTION
Pursuant to a public notice posted on March 8, 1995, the
Committee on Judicial Affairs met in a public hearing on March 14,
1995, to consider H.B. 1856. No action was taken on H.B. 1856 at
the committee's March 14 hearing.
Pursuant to a public notice posted on April 6, 1995, the
Committee on Judicial Affairs met in a formal meeting on April 20,
1995, to consider H.B. 1856. The Chair laid out H.B. 1856 and
explained the bill. Rep. Goodman moved that H.B. 1856 be reported
favorably back to the full House, without amendment, with the
recommendation that it do pass, be printed and sent to the Local &
Consent Calendars Committee. The motion prevailed by the following
record vote: 7 ayes, 0 nays, 0 PNV and 2 absent.