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.