BILL ANALYSIS



H.B. 3222
By: Dear
4-28-95
Committee Report (Unamended)


BACKGROUND

     Currently, the municipal court in River Oak is not a court of
record. This means that all citations issued in the City of River
Oaks 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, the backlog at the county level 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 River Oaks to establish their municipal
court as a municipal court of record.


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 HH.
           Sec. 30.2481 provides that this subchapter shall apply
     to the City of River Oaks.
           Sec. 30.2482 permits the governing body of the City to
     create a municipal court of record by ordinance.
           Sec. 30.2483 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. 30.2484 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. 30.2485 provides for the appointment of one or more
     magistrates and establishes the magistrates qualifications and
     duties.
           Sec. 30.2486 provides for the appointment of a clerk of
     the municipal court of record and establishes the clerk's
     duties.
           Sec. 30.2487 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. 30.2488 provides that prosecutions in the municipal
     court of record will be conducted by the city attorney or
     deputy city attorney.

           Sec. 30.2489 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. 30.2490 provides that a defendant 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 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. 30.2491 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 is overruled,
     and sets forth requirements for the bond.
           Sec. 30.2492 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. 30.2493 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. 30.2494 provides that either party may include
     bills of exception in the transcript if they are timely filed
     with the municipal court clerk.
           Sec. 30.2495 sets forth what must be contained in a
     statement of facts to be included in a record on appeal.
           Sec. 30.2496 provides for the completion, approval and
     transfer of the record upon appeal to the county appellate
     court.
           Sec. 30.2497 provides required contents, procedures and
     time periods for filing a brief on appeal.
             Sec. 30.2498 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. 30.2499 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. 30.2500 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. 30.2501 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. 30.2502 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.
           Sec. 30.2503 provides for the creation of joint courts
     of record.
           Sec. 30.2504 provides for the appointment and term of
     municipal judges for the joint municipal courts of record.
           Sec. 30.2505 provides for the jurisdiction of a joint
municipal court of record.
           Sec. 30.2506 provides for the selection of prosecuting
     attorneys for joint courts.
           Sec. 30.2507 provides for the method by which procedural
     requirements are selected for the operation of the joint
     municipal courts of record.

     SECTION 2.  Emergency clause.  Effective date.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 26, 1995, the
Committee on Judicial Affairs met in a formal meeting on April 28,
1995, to consider H.B. 3222.  The Chair laid out H.B. 3222 and
explained the bill.  Rep. Zbranek moved to report H.B. 3222
favorably back to the full House, without amendment, with the
recommendation that it do pass, be printed and sent to the
Committee on Local and Consent Calendars.  The motion prevailed by
the following record vote:  5 ayes, 0 nays, 0 PNV and 4 absent.