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.