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.