BILL ANALYSIS
H.B. 3237
By: Dear
05-12-95
Committee Report (Unamended)
BACKGROUND
Currently, the municipal court in Lake Worth is not a court of
record. This means that all citations issued in the City of Lake
Worth 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 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 Lake Worth 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 HH to read as follows:
Sec. 30.2801 provides that this subchapter shall apply
to the City of River Oaks.
Sec. 30.2802 permits the governing body of the City to
create a municipal court of record by ordinance.
Sec. 30.2803 provides that the general law regarding
municipal courts or justice 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. 30.2804 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. 30.2805 provides for the appointment of one or more
magistrates and establishes the magistrates qualifications and
duties.
Sec. 30.2806 provides for the appointment of a clerk of
the municipal court of record and establishes the clerk's
duties.
Sec. 30.2807 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. 30.2808 provides that prosecutions in the municipal
court of record will be conducted by the city attorney or
assistant or deputy city attorney.
Sec. 30.2809 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. 30.2810 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. 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 give notice of
the appeal upon the overruling of the motion for new trial.
Sec.30.2811 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. 30.2812 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. 30.2813 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. 30.2814 provides that either party may include
bills of exception in the transcript if they are timely filed
with the municipal court clerk.
Sec. 30.2815 sets forth what must be contained in a
statement of facts if required to be included in a record on
appeal.
Sec. 30.2816 provides for the completion, approval and
transfer of the record upon appeal to the county appellate
court.
Sec. 30.2817 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. 30.2818 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. 30.2819 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. 30.2820 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. 30.2821 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. 30.2822 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. 30.2823 provides for the creation of joint courts
of record.
Sec. 30.2824 provides for the appointment and term of
municipal judges for the joint municipal courts of record.
Sec. 30.2825 provides for the jurisdiction of a joint
municipal court of record.
Sec. 30.2826 provides for the selection of prosecuting
attorneys for joint courts.
Sec. 30.2827 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 an announcement made on the House Floor while the
House was still in session of May 12, 1995, the Committee on
Judicial Affairs met in a formal meeting on May 12, 1995, to
consider H.B. 3237. The Chair laid out H.B. 3237 and explained the
bill. Rep. Goodman moved to report H.B. 3237 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.