74(R) SB 701 House Committee Report

BILL ANALYSIS

S.B. 701
By: West (Goodman/Allen)
5-2-95
Committee Report (Amended)

BACKGROUND

The municipal court in Grand Prairie is not a court of record.
Consequently, all citations issued in the City of Grand Prairie
have an automatic right of appeal to county courts. The defendant
need only plead no contest or guilty, give notice of the appeal,
and 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 of the case without regard to anything that might have
happened at the municipal court. In practice, however, the county
level often has such a backlog that the citations may never be
reached, or, if the case is reached, there may be a plea bargain
with costs going to the county. The ease of appeal from a
municipal court that is not a court of record may impair the city's
ability to enforce traffic laws and local ordinances. An appeal
from a municipal court of record occurs only after a trial, and is
based only upon errors of law.

PURPOSE

This bill authorizes the creation of municipal courts of
record in Grand Prairie.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant
any additional rulemaking authority to a state officer,
institution, department or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 30, Government Code, by adding
Subchapter U, as follows:
SUBCHAPTER U. GRAND PRAIRIE
Sec. 30.1641. APPLICATION. Applies this subchapter to
the City of Grand Prairie.
Sec. 30.1642. CREATION. (a) Authorizes the governing
body of the city to create by ordinance a municipal court of
record (court) to provide an efficient disposition of cases
and to determine the number of courts necessary. Requires the
ordinances to give each court a numerical designation.
Subsec. (b) Prohibits a court from existing
concurrently with municipal courts that are not courts of
record in the city.
Subsec. (c) Provides that a court has no terms and may
sit at any time for transaction of court business. Sec. 30.1643. JURISDICTION. Provides that a court has
the jurisdiction provided by general law for municipal courts,
including jurisdiction over cases arising outside the
territorial limits of the city under certain authorized
ordinances.
Sec. 30.1644. WRIT POWER. Authorizes the judge of a
court to grant writs of mandamus, injunction, attachment, and
other writs necessary to the enforcement of the court's
jurisdiction, and writs of habeas corpus in cases in which the
offense charged is within the court's jurisdiction.
Sec. 30.1645. APPLICATION OF OTHER LAWS. Applies the
general law regarding municipal courts and justice courts on
matters not covered by the law regarding municipal courts, and
any charter provision of the city relating to the municipal
court to a court, with an exception.
Sec. 30.1646. JUDGE. (a) Provides that a court is
presided over by a municipal judge (judge).
Subsec. (b) Requires the governing body to appoint one
of the judges to be the chief judge if there is more than
one judge.
Subsec. (c) Provides that a judge is appointed by the
governing body and serves at the governing body's will and
pleasure.
Subsec. (d) Requires a judge to be a licensed attorney
in this state with at least two years of experience.
Requires the judge to be a citizen of the United States and
a resident of this state. Provides that the judge is not
required to be a resident of the city. Requires the judge
to devote as much time to the office as it requires.
Subsec. (e) Authorizes the judges to exchange benches
and to sit and act for each other in any proceeding pending
in the courts. Provides that an act performed by any of the
judges is binding on all parties to the proceeding.
Subsec. (f) Entitles a judge to a salary in an amount
determined by the governing body.
Subsec. (g) Requires a judge to take judicial notice of
the city ordinances and corporate limits of the city in a
case tried before a court.
Subsec. (h) Requires vacancies to be filled in the same
manner as the appointment of the judge.
Subsec. (i) Authorizes the governing body to appoint
qualified persons to serve for a judge who is temporarily
absent. Requires the chief judge to select persons to serve
during an absence. Provides that an alternate has all
powers and is required to discharge all the duties of a
judge. Requires an alternate to have the same
qualifications.
Sec. 30.1647. CLERK; OTHER PERSONNEL. Requires the city
manager to appoint a court clerk who is authorized to hire,
direct, and remove the personnel authorized in the city's
budget for the clerk's office. Requires the clerk or deputies
to perform duties similar to the clerk of the criminal county
court and in accordance with statutes, the city charter, and
city ordinances.
Sec. 30.1648. COURT REPORTER. (a) Requires the city to
provide a court reporter to preserve a record of court cases.
Requires the clerk to appoint the report who is required to
meet official qualifications. Requires the reporter to be
compensated by the city in the manner determined by the city
manager.
Subsec. (b) Authorizes the court reporter to use
various methods to record court proceedings. Requires the
reporter to keep the record for a certain time period.
Subsec. (c) Provides that the court reporter is not
required to record testimony unless requested by the judge
or one of the parties. Requires a party's request for a
record to be in writing and filed before trial.
Subsec. (d) Authorizes the governing body to authorize
the recording of court proceedings. Provides that the court
reporter is not required to be present at the trial to
certify the statement of facts. Requires the recording to
be kept for a certain time period. Sec. 30.1649. 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. 30.1650. COMPLAINT; PLEADING. (a) Provides that a
proceeding in a municipal court of record commences with the
filing of a written complaint. Sets forth the required
language for the complaint.
Subsec. (b) Requires the complaints to comply with
Article 45.17, Code of Criminal Procedure.
Subsec. (c) Requires pleadings to be in writing and
filed with the court clerk. Sec. 30.1651. JURY. (a) Entitles a person who is
brought before a court and charged with an offense to be tried
by a jury of six people unless that right is waived. 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 court to
meet the qualifications of Chapter 62. Sec. 30.1652. COURT RULES. (a) Provides that the Code
of Criminal Procedure governs the trial of cases before
courts.
Subsec. (b) Requires bonds to be payable to the state
for the use of the city. Prohibits the court from assessing
court costs other than fees authorized for municipal courts.
Subsec. (c) Authorizes a peace officer to serve a
process issued by a court.

Subsec. (d) Provides that judgment and sentence are in
the name of the state and the state recovers from the
defendant the fine and fees for the use of the city.
Authorizes the court to require the defendant to remain in
police custody until the fines and costs are paid and
requires the court to order that execution issue to collect
the fines.
Subsec. (e) Requires all fees to be paid to the court
clerk who is required to deposit them in the city general
fund. Sec. 30.1653. APPEAL. (a) Provides that a defendant has
the right of appeal from a judgment or conviction in a court.
Provides that the Dallas county criminal courts of appeal have
jurisdiction over appeals from the court.
Subsec. (b) Requires the appellate court to determine
each appeal from a court conviction on the basis of the
errors asserted in the defendant's motion for a new trial
and the transcript and the statement of facts. 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 a new trial within a certain time
period. Requires the motion to set forth the points of
error of which the defendant complains. Authorizes the
motion to be amended or amended by leave of court within a
certain time period.
Subsec. (d) Requires the defendant to give notice of
the appeal to perfect it. Authorizes the appellant to give
notice of appeal orally in open court on the overruling of
the motion. Requires the defendant to give written notice
of appeal if there is no hearing and to file the notice
within a certain time period. Sec. 30.1654. APPEAL BOND. (a) Prohibits the defendant
from taking an appeal until the defendant files an appeal bond
with the court. Requires the bond to be approved by the court
and filed within a certain time period. Requires the
defendant to be committed to jail if the defendant is in
custody unless the defendant posts the appeal bond.
Subsec. (b) Requires the appeal bond to be in a certain
amount. 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 of the city, and to be conditioned on the
defendant's appearance in court. Sec. 30.1655. RECORD ON APPEAL. Provides that the
record on appeal consists of a transcript and, if necessary,
a statement of facts. Requires the court reporter to prepare
the record. Sets forth requirements for paying for the cost
of the transcription.
Sec. 30.1656. TRANSCRIPT. (a) Requires the clerk to
prepare a transcript of the proceeding, on the defendant or
defendant's attorney's request. Sets forth requirements for
the transcript.
Subsec. (b) Authorizes the clerk to include additional
portions of the proceedings prepared from recordings. Sec. 30.1657. BILLS OF EXCEPTION. Authorizes either
party to include bills of exception subject to the Code of
Criminal Procedure. Requires bills of exception to be filed
within a certain time period.
Sec. 30.1658. STATEMENTS OF FACTS. Sets forth
requirements for the statement of facts.
Sec. 30.1659. COMPLETION, APPROVAL, AND TRANSFER OF
RECORD. Subsec. (a) Requires the parties to file certain
information with the clerk by the 60th day after the date on
which the notice of appeal is given or filed.
Subsec. (b) Requires the judge to approve the record in
the same manner as the court of appeals.
Subsec. (c) Requires the clerk to send the 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. 30.1660. BRIEF ON APPEAL. (a) Requires a
defendant's brief on appeal to present points of error in the
same manner as the court of appeals.
Subsec. (b) Requires the defendant to file with the
appellate court clerk within a certain time period.
Requires the defendant or the defendant's attorney to
certify that the brief has been properly mailed.
Subsec. (c) Requires the prosecuting attorney to file
the appellee's brief within a certain time period.
Subsec. (d) Requires parties to deliver a copy of the
brief to the opposing party and the judge. Sec. 30.1661. PROCEDURE; DISPOSITION ON APPEAL. (a)
Requires the appellate court to hear appeals from the court as
early as possible. Authorizes the court to set the rules for
oral argument. Authorizes the case to be submitted without
oral argument.
Subsec. (b) Authorizes the appellate court to take
certain actions according to the law and nature of the case.
Subsec. (c) Requires the appellate court to presume the
court followed certain procedures unless the matter was made
an issue in the court or in the transcript.
Subsec. (d) Requires the court to deliver a written
opinion or order and reasoning for each assignment of error
presented. Requires the clerk to mail copies of the
decision to the parties and to the judge. Sec. 30.1662. CERTIFICATE OF APPELLATE PROCEEDINGS.
Sets forth requirements for the appellate court clerk to
certify the proceedings and the judgment, mail the certificate
to the municipal court, and to file the certificate with the
papers in the case. Provides that further action to enforce
the judgment is not necessary except in certain cases.
Sec. 30.1663. EFFECT OF ORDER OF NEW TRIAL. Provides
that if the appellate court awards the defendant a new trial,
the case stands as if a new trial had been granted by the
court.
Sec. 30.1664. APPEAL TO COURT OF APPEALS. Provides that
the defendant has the right to appeal if the fine exceeds $100
and is affirmed by the appellate court. Provides that the
provisions of the Code of Criminal Procedure apply to the
appeal, with exceptions.
SECTION 2. Emergency clause. Effective date.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 requires that judicial appointments
under this act must be made from a list of nominees filed with the
city manager by the newly-established Grand Prairie Municipal Court
Nominations Advisory Committee composed of representatives from
three area bar associations.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on April 27, 1995, the
Committee on Judicial Affairs met in a public hearing on May 2,
1995, to consider S.B. 701. The Chair laid out S.B. 701 and
recognized the House sponsor, Rep. Goodman, to explain the bill.
Rep. Alonzo offered Committee Amendment No. 1. There being no
objection, the Chair laid out Committee Amendment No. 1 and
recognized Rep. Goodman to explain the amendment. Rep. Alonzo
moved adoption of the amendment. There being no objection, the
amendment was adopted. There were no witnesses. Rep. Alonzo moved
that S.B. 701 be reported favorably back to the full House, as
amended, 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: 6 ayes, 0 nays, 0 PNV and
3 absent.