BILL ANALYSIS


                                                         S.B. 701
                                                         By: West
                                                    Jurisprudence
                                                           4-4-95
                                     Committee Report (Unamended)
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

As proposed, S.B. 701 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, 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.
     
     (b) Prohibits a court from existing concurrently with
       municipal courts that are not courts of record in the city.
       
       (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).
     
     (b) Requires the governing body to appoint one of the judges
       to be the chief judge if there is more than one judge.
       
       (c) Provides that a judge is appointed by the governing body
       and serves at the governing body's will and pleasure.
       
       (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.
       
       (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.
       
       (f) Entitles a judge to a salary in an amount determined by
       the governing body.
       
       (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.
       
       (h) Requires vacancies to be filled in the same manner as
       the appointment of the judge.
       
       (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.
     
     (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.
       
       (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.
       
       (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.
     
     (b) Requires the complaints to comply with Article 45.17,
       Code of Criminal Procedure.
       
       (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.
     
     (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.
     
     (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.
       
       (c) Authorizes a peace officer to serve a process issued by
       a court.
       
       (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.
       
       (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.
     
     (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.
       
       (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.
       
       (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.
     
     (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.
     
     (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. 
     (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.  
     
     (b) Requires the judge to approve the record in the same
       manner as the court of appeals.
       
       (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.
     
     (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.
       
       (c) Requires the prosecuting attorney to file the appellee's
       brief within a certain time period.
       
       (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.
     
     (b) Authorizes the appellate court to take certain actions
       according to the law and nature of the case.
       
       (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.
       
       (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: upon passage.