BILL ANALYSIS
S.B. 375
By: Harris
Jurisprudence
4-19-95
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
As proposed, S.B. 375 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, 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."
(b) Prohibits a court from existing concurrently with
municipal courts that are not courts of record in the town.
(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).
(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.
(c) Provides that a judge, including the chief judge, is
appointed by the governing body of the town for a term of
two years.
(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.
(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.
(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.
(g) Authorizes the removal of a judge from office by the
governing body at any time for incompetency, misconduct,
malfeasance, or disability.
(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.
(i) Requires the governing body of the town to appoint a
qualified person to fill a vacancy in the office of a judge.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(b) Requires the judge to approve the record in the manner
provided in the court of appeals, on completion of the
record.
(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.
(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.
(c) Requires the prosecuting attorney to file the
appellee's brief with the appellate court clerk by a certain
date.
(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.
(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.
(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.
(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: upon passage.