BILL ANALYSIS S.B. 753 By: Shapiro (Hartnett) C.S.S.B. 753 By: Hartnett 04-18-95 Committee Report (Substituted) BACKGROUND Under Texas law, in the absence of a local statute, appeals from a municipal court must be done by a trial de novo, i.e. an entirely new trial. A local statute, however, may allow the appeal to be based on recorded errors made during the trial in lieu of a new trial. Statutes now provide thirty-six cities with municipal courts of record which do not require de novo trials on appeal. These cities, for example, include Fort Worth, Arlington, Grapevine, Addison, Carrollton, Hurst, Euless, Denton, and Garland. The City of Irving, twelfth largest in the state, has requested permission to designate its municipal courts as courts of record. PURPOSE This bill would amend Chapter 30, Government Code, by adding Subchapter AA to allow the designation of Irving's municipal courts as statutory courts of record. This would make appeals from Irving municipal courts based on the record rather than de novo. Such action would provide a more efficient disposition of Irving cases and eliminate the senseless duplication of trials. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 30, Government Code, by adding Subchapter AA, Irving, to create municipal courts of record in Irving. Sec. 30.0241. This subchapter only applies to the City of Irving. Sec. 30.0242. Allows the governing body of the City to establish municipal courts of record as needed. Sec. 30.0243. Allows for the application of general laws to a municipal court of record unless it is in conflict or inconsistent with this subchapter. Sec. 30.0244. Provides for the method of judicial selection, compensation, removal, and service. Sec. 30.0245. Allows the city manager to appoint a clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city's annual budget. Also allows the clerk or the clerk's deputies or assistants to perform the duties in accordance with statute, the city charter, and city ordinances. Sec. 30.0246. Requires the city to provide an official court reporter to preserve the record by specified means including electronically. Judges are required to warn defendants that the right to appeal is waived unless a record is made. Requests to record the proceedings may be made by the judge or by a party's written request filed prior to trial. Sec. 30.0247. Requires specific attorneys to conduct prosecutions in municipal courts of record. Sec. 30.0248. Provides for the right to a jury of six persons meeting certain qualifications. Sec. 30.0249. Provides for the right of appeal from a judgment of conviction to be filed within ten days on the basis of errors. Requires notice of appeal. Sec. 30.0250. Provides for an appeal bond. Sec. 30.0251. Defines the record on appeal. Sec. 30.0252. Provides for a transcript on written request. Sec. 30.0253. Allows for bills of exception. Sec. 30.0254. Sets forth what must be included in the statements of facts. Sec. 30.0255. Provides for completion, approval, and transfer of the record. Sec. 30.0256. Sets forth requirements for a brief on appeal. Sec. 30.0257. Provides that the Code of Criminal Procedure and local rules not inconsistent with general law govern the trial of the case. Sec. 30.0258. Provides for dispositions on appeal. Sec. 30.0259. Provides for certification of appellate proceedings. Sec. 30.0260. Provides effect of order of new trial. Sec. 30.0361. Sets forth the right to appeal to the court of appeals. SECTION 2. Emergency clause. Effective date. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of the substitute makes several changes to the original bill. The Subchapter is "AA" in the substitute; it was "A-1" in the original. In new Government Code Section 30.0244(f), the substitute contains a provision prohibiting the diminution of the judge's salary during the judge's term of office; this provision is not in the original. In new Section 30.0244(h), the original bill contained a provision allowing the judge to order mediation or alternative dispute resolution; this provision is not in the substitute. In Section 30.0244(i), the substitute deletes the phrase "of the city," contained in the original version, in referring to the city's governing body. Section 30.0247(a) in the original became Section 30.0247 in the substitute; Section 30.0247(b) in the original, requiring bifurcated trials, was deleted in the substitute. Section 30.0249(a) in the original provided for appeals from a judgment or conviction; the substitute provides for appeals from a judgment of conviction; the original version also contained a provision for state appeals of criminal proceedings; this was deleted in the substitute. Section 30.0251 in the original contained provisions requiring the defendant to pay for transcription costs unless the court found that the defendant was unable to pay, the defendant filed an affidavit to that effect and the court ordered the court reporter to prepare the record without charge; in the substitute, this provision was moved to Sec. 30.0254(b) and modified (1) to provide that the city shall pay for transcription services on certification by the court that the transcriber rendered services without charge and (2) to provide for a refund to the defendant if the case is reversed on appeal. Section 30.0254 in the original is Sec. 30.0254(a) in the substitute; there was no Sec. 30.0254(b) in the original version. Section 30.0255(d) in the substitute requires the defendant to pay a record preparation fee of $25 unless the court finds that the defendant is unable to pay, sets out the requirements for filing an affidavit of inability to pay, sets the proceedings, the information to be included in the affidavit, the ability of the prosecution to object and sets a refund policy if the case is reversed on appeal; Subsec. (d) was not in the original version. Section 30.0255(e) in the substitute allows the municipal judge to extend the time for filing the record; this provision was not in the original bill. Section 30.0256(e) in the substitute allows the court of appeals to extend the time for filing briefs; this provision was not in the original. Section 2 is the same in both versions. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on March 30, 1995, in accordance with House rules, the Committee on Judicial Affairs met in a public hearing on April 4, 1995, to consider Senate Bill 753. Without objection, the Chair moved to leave S.B. 753 pending before the committee. Pursuant to a public notice posted on April 6, 1995, in accordance with House rules, the Committee on Judicial Affairs met in a public hearing on April 18, 1995. The Chair laid out S.B. 753 which had been left pending and recognized the House sponsor, Rep. Hartnett, to explain the bill. Rep. Hartnett offered a complete committee substitute for S.B. 753. There being no objection, the Chair laid out the substitute and recognized Rep. Hartnett to explain the substitute. There were no witnesses. The Chair moved adoption of the substitute; there being no objection, the substitute was adopted. Rep. Hartnett moved that S.B. 753, as substituted, be reported favorably back to the full House with the recommendation that it do pass, be printed and be 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.