BILL ANALYSIS S.B. 551 By: Harris Jurisprudence 03-16-95 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. 551 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.