BILL ANALYSIS
Judicial Affairs Committee
By: Harris of Tarrant (Grusendorf)
May 4, 1995
Committee Report (Unamended)
BACKGROUND
Currently, the municipal court in Pantego is not a court of
record, which means that all citations issued in the city 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 because 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
This bill authorizes the creation of municipal courts of
record in Pantego.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant
any additional rulemaking authority to a state officer, department,
institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1 amends Chapter 30, Government Code, by adding
Subchapter GG, as follows:
SUBCHAPTER GG: PANTEGO
Sec. 30.2191. APPLICATION. Provides that this
subchapter applies to the town of Pantego.
Sec. 30.2192. CREATION. (a) Authorizes the governing
body of Pantego, by ordinance, to create a municipal court of
record (court) if it determines that the formation of the
court is necessary to provide a more efficient disposition of
cases arising in the town. Authorizes the governing body, by
ordinance, to determine the number of courts of record that
are required to dispose of the cases and to establish as many
as are needed. Requires the ordinance establishing the courts
to give each court a numerical designation, beginning with
"Municipal Court of Record No. 1."
Subsec. (b) prohibits a court from existing
concurrently with municipal courts that are not courts of
record in the town.
Subsec. (c) provides that a court has no terms and may
sit at any time for the transaction of the business of the
court.
Sec. 30.2193. APPLICATION OF OTHER LAWS. Provides that
the general law regarding courts and the general law regarding
justice courts on matters not covered by the law regarding
courts, and any charter provision or ordinance of the town
relating to the court apply to a court unless the law, charter
provision, or ordinance is in conflict or inconsistent with
this subchapter.
Sec. 30.2194. JUDGE. (a) Provides that a court is
presided over by a municipal judge (judge).
Subsec. (b) requires the governing body of the town to
appoint one of the judges to be the chief judge, if there is
more than one judge in the town.
Subsec. (c) provides that a judge, including the chief
judge, is appointed by the governing body of the town for a
term of two years.
Subsec. (d) requires a judge to be a licensed attorney
in good standing and to have two or more years of experience
in the practice of law in this state. Requires the judge to
be a citizen of the United States and of this state and to
devote as much time to the office as it requires.
Subsec. (e) authorizes the judges to exchange benches
and sit and act for another judge in any proceeding pending
in the courts, if there is more than one court in the town.
Provides that an act performed by any of the judges is
binding on all parties to the proceeding.
Subsec. (f) provides that a judge is entitled to a
salary from the town in an amount to be determined by the
governing body and may not be diminished during the judge's
term of office. Prohibits the salary from being based
directly or indirectly on fines, fees, or costs collected by
the court.
Subsec. (g) authorizes the removal of a judge from
office by the governing body at any time for incompetency,
misconduct, malfeasance, or disability.
Subsec. (h) requires a judge to take judicial notice of
the town ordinances and the corporate limits of the town in
a case tried before a court. Authorizes a judge to grant
writs of mandamus, injunction, and attachment and other
writs necessary to the enforcement of the jurisdiction of
the court and issue writs of habeas corpus in cases in which
the offense charged is within the jurisdiction of the court.
Subsec. (i) requires the governing body of the town to
appoint a qualified person to fill a vacancy in the office
of a judge.
Subsec. (j) authorizes the governing body to appoint
one or more qualified persons to be available to serve for
a judge who is temporarily absent. Requires the chief judge
or the judge to select one of the persons appointed by the
governing body to serve during an absence. Provides that an
alternate judge, while serving, has all the powers and
duties of a judge.
Sec. 30.2195. CLERK; OTHER PERSONNEL. Requires the city
manager of the town to appoint a clerk of the court to hire,
direct, and remove the personnel authorized in the town's
annual budget for the clerk's office. Requires the clerk or
the clerk's deputies to perform certain duties for the courts
in accordance with statutes, the town charter, and town
ordinances.
Sec. 30.2196. COURT REPORTER. (a) Requires the town to
provide a court reporter for the purpose of preserving a
record in cases tried before the court. Requires the court
clerk to appoint the court reporter who must meet the
qualifications provided by law for official court reporters.
Requires the reporter to be compensated by the town in the
manner determined by the governing body of the town.
Subsec. (b) authorizes the court reporter to use
written notes, transcribing equipment, video or audio
recording equipment to record the proceedings of the court.
Requires the court reporter to keep the record for the 20-day period beginning the date after the last day of the
court proceeding, trial, or denial of motion for new trial,
whichever occurs last.
Subsec. (c) provides that the court reporter is not
required to record testimony in a case unless the judge or
one of the parties requests a record. Requires a party's
request for a record to be in writing and be filed with the
court before trial.
Subsec. (d) authorizes the governing body to provide
that, in lieu of providing a court reporter at trial,
proceedings in a court may be recorded by a good quality
electronic recording device. Provides that if the governing
body authorizes the electronic recording, the court reporter
need not be present at trial to certify the statement of
facts. Requires the recording to be kept and stored for the
20-day period beginning the day after the last day of the
proceeding, trial, or denial of motion for new trial,
whichever occurs last. Requires the proceedings that are
appealed to be transcribed from the recording by an official
court reporter.
Sec. 30.2197. PROSECUTIONS BY CITY ATTORNEY. Requires
all prosecutions in the court to be conducted by the city
attorney or an assistant or deputy city attorney.
Sec. 30.2198. JURY. (a) Provides that a person who is
brought before a court and who is charged with an offense is
entitled to be tried by a jury of six persons unless that
right is waived according to law. Requires the jury to decide
all questions of fact or credibility of witnesses. Requires
the court to determine all matters of law and to charge the
jury on the law.
Subsec. (b) requires a juror who serves in the courts
to meet the qualifications provided by Chapter 62.
Sec. 30.2199. APPEAL. (a) Provides that a defendant
has the right of appeal from a judgment or conviction in a
court. Provides that the county criminal courts of Tarrant
County have jurisdiction over an appeal. Provides that the
state has no right to an appeal or to a new trial.
Subsec. (b) requires the appellate court to determine
each appeal from a court conviction on the basis of the
errors that are set forth in the defendant's motion for new
trial and that are presented in the transcript and statement
of facts prepared from the proceedings leading to the
conviction. Prohibits an appeal from the court from being
by trial de novo.
Subsec. (c) requires the defendant to file with the
clerk a written motion for new trial no later than the 10th
day after the date on which judgment is rendered. Requires
the motion to set forth the points of error of which the
defendant complains. Authorizes the motion or an amended
motion to be amended by leave of court by a certain date.
Authorizes the court to extend to the time for filing or
amending but the extension may not exceed 90 days from the
original filing deadline. Provides that if the court does
not act on the motion before the expiration of the 30 days
allowed for determination of the motion, the original or
amended motion is overruled by operation of law.
Subsec. (d) requires the defendant to give notice of
the appeal to perfect an appeal. Authorizes the defendant
to give the notice of appeal orally in open court on the
overruling of the motion if the defendant requests a hearing
on the motion for new trial. Requires the defendant to give
written notice of appeal and file the notice by a certain
date. Authorizes the court to extend the time period but
the extension may not exceed 90 days from the original
filing deadline.
Sec. 30.2200. APPEAL BOND. (a) Prohibits the defendant
from taking an appeal until the defendant files an appeal bond
with the court if the defendant is not in custody. Requires
the bond to be approved by the court and be filed. Requires
the defendant to be committed to jail unless the defendant
posts the appeal bond if the defendant is in custody.
Subsec. (b) requires the appeal board to be in the
amount of $50 or double the amount of the fine and costs
adjudged against the defendant, whichever is greater.
Requires the bond to state that the defendant was convicted
in the case and has appealed, to be payable to the state for
the use and benefit of the town, and to be conditioned on
the defendant's appearance in the court to which the appeal
is taken.
Sec. 30.2201. RECORD ON APPEAL. Provides that the
record on appeal consists of a transcript and a statement of
facts. Requires the court reporter to prepare the record from
the reporter's record or mechanical or videotape recordings of
the proceedings. Requires the defendant to pay for the cost
of the transcription. Requires the court to order the
reporter to prepare the record without charge to the defendant
if the court finds that the defendant is unable to pay or give
security for the record on appeal after a hearing in response
to an affidavit by the defendant.
Sec. 30.2202. TRANSCRIPTS. (a) Requires the municipal
court clerk to prepare a transcript of the court proceedings
on the written request of the defendant or the defendant's
attorney. Requires the transcript to include copies of
certain information.
Subsec. (b) authorizes the clerk to include in the
transcript additional portions of the proceedings in the
court prepared from mechanical or videotape recordings.
Sec. 30.2203. BILLS OF EXCEPTION. Authorizes either
party to include bills of exception in the transcript subject
to the applicable provisions of the Code of Criminal
Procedure. Requires the bills of exception to be filed with
the clerk not later than the 60th day after the date on which
the notice of appeal is given or filed.
Sec. 30.2204. STATEMENTS OF FACTS. Requires a statement
of facts included in the record on appeal to contain certain
information.
Sec. 30.2205. COMPLETION, APPROVAL, AND TRANSFER OF
RECORD. (a) Requires the parties to file with the clerk a
statement of facts, a written description of additional
material to be included in the transcript that is not in the
custody of the clerk.
Subsec. (b) requires the judge to approve the record in
the manner provided in the court of appeals, on completion
of the record.
Subsec. (c) requires the clerk to promptly send a
court-approved record to the appellate court clerk for
filing. Requires the appellate court clerk to notify the
defendant and the prosecuting attorney that the record has
been filed.
Sec. 30.2206. BRIEF ON APPEAL. (a) Requires a
defendant's brief on appeal from a court to present points of
error in the manner required by law for a brief on appeal to
the court of appeals.
Subsec. (b) requires the defendant to file the brief
with the appellate court clerk by a certain date. Requires
the defendant or the defendant's attorney to certify that
the brief has been properly mailed to the prosecuting
attorney.
Subsec. (c) requires the prosecuting attorney to file
the appellee's brief with the appellate court clerk by a
certain date.
Subsec. (d) requires each party to deliver a copy of
the brief to the opposing party and to the municipal judge
on filing.
Sec. 30.2207. COURT RULES. (a) Provides that the Code
of Criminal Procedure governs the trial of cases before the
court. Authorizes the court to make and enforce all rules of
practice and procedure necessary to expedite the trial of
cases before the court that are not inconsistent with general
law.
Subsec. (b) authorizes the appellate courts to make and
enforce all rules of practice and procedure that are not
inconsistent with general law and that are necessary to
expedite the dispatch of appeals from the court.
Sec. 30.2208. DISPOSITION ON APPEAL. (a) Authorizes
the appellate court, according to law and the nature of the
case, to affirm the judgment of the court, reverse and remand
for a new trial, reverse and dismiss the case, or reform and
correct the judgment.
Subsec. (b) requires the appellate court to presume
venue was proven in the trial court, the jury was properly
impaneled and sworn, the defendant was arraigned and pleaded
to the complaint, and the municipal judge certified the
charge before it was read to the jury, unless the matter was
made an issue in the trial court or it affirmatively appears
to the contrary from the transcript or the statement of
facts.
Subsec. (c) requires the court to deliver a written
opinion or order either sustaining or overruling each
assignment or error presented in each case decided by the
appellate court. Requires the court to set forth the
reasons for its decision. Requires the appellate court
clerk to mail copies of the decision to the parties and to
the municipal judge as soon as the decision is rendered.
Sec. 30.2209. CERTIFICATE OF APPELLATE PROCEEDINGS.
Requires the clerk of the court to certify the proceedings and
the judgment and mail the certificate to the municipal court
when the judgment of the appellate court becomes final.
Requires the court clerk to file the certificate with the
papers in the case and note the certificate on the case
docket. Provides that if the court judgment is affirmed,
further action to enforce the judgment is not necessary, with
exceptions.
Sec. 30.2210. EFFECT OF ORDER ON NEW TRIAL. Provides
that if the appellate court awards a new trial to the
defendant, the case stands as if a new trial had been granted
by the municipal court of record.
Sec. 30.2211. APPEAL TO COURT OF APPEALS. Provides that
the defendant has the right to appeal to the court of appeals
if the fine assessed against the defendant exceeds $100 and if
the judgment is affirmed by the appellate court. Provides
that the provisions of the Code of Criminal Procedure relating
to direct appeals from a county or a district court to the
court of appeals apply to the appeal with exceptions.
SECTION 2. Emergency clause. Effective date.
SUMMARY OF COMMITTEE ACTION
Pursuant to an announcement made on May 4, 1995, while the
House was still in session, the Committee on Judicial Affairs met
in a formal meeting on May 4, 1995. The Chair laid out S.B. 375
and explained. Rep. Nixon moved that S.B. 375 be reported
favorably back to the full House 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: 5
ayes, 0 nays, 0 PNV and 4 absent.