BILL ANALYSIS
S.B. 795
By: Harris
Jurisprudence
03-16-95
Committee Report (Unamended)
BACKGROUND
Currently, the municipal court in Mansfield is not a court of
record, which means that all citations issued in the City of
Mansfield have an automatic right of appeal to county courts. The
defendant need only plead no contest or guilty, give notice of
appeal, 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 without regard to anything that might have happened at
municipal court. In practice, what happens at the county level is
either because the backlog is so great that the citations are never
reached, or if the case is reached, there is a plea bargain with
costs going to the county. The ease of appeal from a municipal
court that is not a court of record impairs the city's ability to
enforce traffic laws and local ordinances. An appeal from a
municipal court of record may only occur after trial, and may only
be based upon errors of law.
PURPOSE
As proposed, S.B. 795 authorizes the governing body of the City of
Mansfield to create municipal courts of record.
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
CC, as follows:
SUBCHAPTER CC. MANSFIELD
Sec. 30.1041. APPLICATION. Provides that this subchapter
applies to the City of Mansfield (city).
Sec. 30.1042. CREATION. Authorizes the governing body of the
city, by ordinance, to create a municipal court of record if
it determines that the formation of the court is necessary to
provide a more efficient disposition of cases arising in the
city. Authorizes the governing body, by ordinance, to
determine the number of municipal courts of record that are
required to dispose of the cases and to establish as many as
are needed. Requires the ordinance establishing the courts to
give each court a numerical designation, beginning with
"Municipal Court of Record No. 1."
(b) Prohibits a municipal court of record from existing
concurrently with municipal courts that are not courts of
record in the city.
(c) Provides that a municipal court of record has no terms
and may sit at any time for the transaction of the business
of the court.
Sec. 30.1043. APPLICATION OF OTHER LAWS. Provides that the
general law regarding municipal courts, the general law
regarding justice courts on matters not covered by the law
regarding municipal courts, and any charter provision or
ordinance of the city relating to the municipal court apply to
a municipal court of record unless the law, charter provision,
or ordinance is in conflict or inconsistent with this
subchapter.
Sec. 30.1044. JUDGE. (a) Provides that a municipal court of
record is presided over by a municipal judge.
(b) Requires the governing body of the city to appoint one
of the judges to be the chief judge if there is more than
one municipal judge in the city.
(c) Provides that a municipal judge and the chief judge is
appointed by the governing body of the city for a term of
two years.
(d) Requires a municipal judge to be a licensed attorney in
good standing and have two or more years of experience in
the practice of law in this state. Requires a judge to be
a citizen of the United States and of this state. Requires
the judge to devote as much time to the office as it
requires.
(e) Authorizes the judges to exchange benches and sit and
act for each other in any proceeding pending in the courts,
if there is more than one municipal court of record in the
city. Provides that an act performed by any of the judges
is binding on all parties to the proceeding.
(f) Provides that a municipal judge is entitled to a salary
from the city, which may not be diminished during the
judge's term of office. Prohibits the salary from being
based directly or indirectly on fines, fees, or costs
collected by the court.
(g) Authorizes a municipal judge to be removed from office
by the governing body of the city at any time for
incompetence, misconduct, malfeasance, or disability.
(h) Requires a municipal judge to take judicial notice of
the city ordinances and the corporate limits of the city in
a case tried before a municipal court of record. Authorizes
a municipal judge to grant writs of mandamus, injunction,
and attachment and other writs necessary to the enforcement
of the jurisdiction of the court, to issue writs of habeas
corpus, and administrative search warrants.
(i) Requires the governing body of the city to appoint a
qualified person to fill a vacancy in the office of
municipal judge for the remainder of the unexpired term.
(j) Authorizes the governing body to appoint one or more
qualified persons to be available to serve for a municipal
judge who is temporarily absent for certain reasons.
Requires the chief judge or municipal judge to select one of
the persons appointed by the governing body to serve during
an absence. Provides that an alternate judge, while
serving, has all the powers and duties of a municipal judge.
Sec. 30.1045. MAGISTRATES. (a) Authorizes the governing
body to appoint one or more magistrates.
(b) Provides that a magistrate does not have to possess all
the qualifications necessary to be a municipal court of
record judge.
(c) Prohibits a magistrate from presiding over the court or
hearing contested cases.
(d) Sets forth certain functions and powers of a
magistrate.
Sec. 30.1046. CLERK; OTHER PERSONNEL. Requires the city
manager or city administrator 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 for the
clerk's office. Requires the clerk or clerk's deputies to
keep certain records and perform the duties for the courts
that a clerk of the county court is required to perform in
accordance with statutes, the city charter, and city
ordinances.
Sec. 30.1047. COURT REPORTER. (a) Requires the city to
provide a court reporter for the purpose of preserving a
record in cases tried before the municipal court of record.
Requires the clerk of the court to appoint an official court
reporter. Requires the reporter to be compensated by the
city.
(b) Authorizes the court reporter to use written notes,
transcribing equipment, video or audio recording equipment,
or a combination of those methods to record the proceedings
of the court. Requires a record to be kept for the 20-day
period beginning the day after the last day of the court
proceeding, trial, or denial of motion for new trial,
whichever occurs last.
(c) Provides that the court reporter is not required to
record testimony in a case unless the judge or one of the
parties requests a record. Requires a party's request for
a record to be in writing and be filed with the court before
trial.
(d) Authorizes the governing body to provide that
proceedings in a municipal court of record may be recorded
by a good quality electronic recording device, in lieu of
providing a court reporter at trial. Provides that a court
reporter need not be present at trial to certify the
statement of facts, if the governing body authorizes the
electronic recording. Requires the proceedings that are
appealed to be transcribed from the recording by an official
court reporter. Makes conforming changes.
Sec. 30.1048. PROSECUTIONS BY CITY ATTORNEY. Requires all
prosecutions in the municipal court of record to be conducted
by the city attorney or an assistant or deputy city attorney.
Sec. 30.1049. JURY. (a) Provides that a person who is
brought before a municipal court of record and who is charged
with an offense is entitled to be tried by a jury of six
persons unless that right is waived according to law.
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 municipal courts of
record to meet the qualifications provided by Chapter 62.
Sec. 30.1050. APPEAL. (a) Provides that a defendant has the
right of appeal from a judgment or conviction in a municipal
court of record. Provides that the county criminal courts of
Tarrant County have jurisdiction over an appeal. Provides
that the state has no right to an appeal or to a new trial.
(b) Requires the appellate court to determine each appeal
from a municipal court of record conviction on the basis of
the errors that are set forth in the defendant's motion for
new trial and that are presented in the transcript and
statement of facts prepared from the proceedings leading to
the conviction. Prohibits an appeal from the municipal
court of record to be by trial de novo.
(c) Requires a defendant, to perfect an appeal, to file
with the municipal court clerk a written motion for new
trial not later than the 10th day after the date on which
judgment is rendered. Requires the motion to set forth the
points of error of which the defendant complains.
Authorizes the motion or an amended motion to be amended by
leave of court at any time before action on the motion is
take, but not later than the 20th day after the date on
which the original or amended motion is filed. Authorizes
the court to extend the filing or amending deadline for no
more than 90 days from original filing deadline. Provides
that if the court does not act on the motion before the
expiration of the 30 days allowed for determination of the
motion, the original or amended motion is overruled by
operation of law.
(d) Requires a defendant, to perfect an appeal, to give
notice of the appeal. Authorizes the defendant to give the
notice of appeal orally in open court on the overruling of
the motion, if the defendant requests a hearing on the
motion for new trial. Requires the defendant to give
written notice of appeal and file the notice with the court
no later than the 10th day after the date on which the
motion is overruled. Makes conforming changes.
Sec. 30.1052. 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
from the reporter's record or mechanical or videotape
recordings of the proceedings. Requires the defendant to pay
for the cost of the transcription. Requires the court to
order the reporter to prepare the record without charge to the
defendant, if the court finds that the defendant is unable to
pay or give security for the record on appeal after a hearing
in response to an affidavit by the defendant. Requires the
court to promptly refund the cost to the defendant, if the
case is reversed on appeal.
Sec. 30.1053. TRANSCRIPT. (a) Requires the municipal court
to prepare under the clerk's hand and seal a transcript of the
municipal court of record proceedings, on the written request
of the defendant or the defendant's attorney. Requires the
transcript to include copies of certain facts of the case and
pertinent documents.
(b) Authorizes the clerk to include in the transcript
additional portions of the proceedings in the court prepared
from mechanical or videotape recordings.
Sec. 30.1054. BILLS OF EXCEPTION. Authorizes either party to
include bills of exception in the transcript subject to the
applicable provisions of the Code of Criminal Procedure.
Requires the bills of exception to be filed with the municipal
court clerk not later than the 60th day after the date on
which the notice of appeal is given or filed.
Sec. 30.1055. STATEMENT OF FACTS. Requires a statement of
facts included in the record on appeal to contain a transcript
of all record proceedings and a brief statement of the facts
of the case proven at trial.
Sec. 30.1056. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
(a) Requires the parties to file certain information with the
municipal court clerk no later than the 60th day after the
date on which the notice of appeal is given or filed.
(b) Requires the municipal judge to approve the record in
the manner provided for record completion, approval, and
notification in the court of appeals, on completion of the
record.
(c) Requires the clerk to promptly send a court-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. 30.1057. BRIEF ON APPEAL. (a) Requires a defendant's
brief on appeal from a municipal court of record to present
points of error in the manner required by law for a brief on
appeal to the court of appeals.
(b) Requires the defendant to file a brief with the
appellate court clerk no later than the 15th day after the
date on which the transcript and statement of facts are
filed with that clerk. Requires the defendant or the
defendant's attorney to certify that the brief has been
properly mailed to the prosecuting attorney.
(c) Requires the prosecuting attorney to file the
appellee's brief with the appellate court clerk no later
than the 15th day after the date on which the defendant's
brief is filed.
(d) Requires each party to deliver a copy of the brief to
the opposing party and to the municipal judge on filing.
Sec. 30.1058. COURT RULES. (a) Provides that the Code of
Criminal Procedure governs the trial of cases before the
municipal court of record. Authorizes the court to make and
enforce all rules of practice and procedure necessary to
expedite the trial of cases before the court that are not
inconsistent with general law.
(b) Requires a bond to be payable to the state for the use
and benefit of the city.
(c) Authorizes a peace officer to serve a process issued by
a municipal court of record.
(d) Authorizes the appellate courts to make and enforce all
rules of practice and procedure that are not inconsistent
with general law and that are necessary to expedite the
dispatch of appeals from the municipal court of record.
Sec. 30.1059. DISPOSITION ON APPEAL. (a) Authorizes the
appellate court, according to the law and the nature of the
case, to affirm a judgment of a municipal court of record,
reverse and remand for a new trial, reverse and dismiss the
case, or reform and correct the judgment.
(b) Requires the appellate court to presume, unless the
matter was made an issue in the trial court or it
affirmatively appears to the contrary from the transcript or
the statement of fact, that certain procedures were complied
with.
(c) Requires the court to deliver a written opinion or
order either sustaining or overruling each assignment of
error presented in each case decided by the appellate court.
Requires the court to set forth the reasons for its
decision. Requires the appellate court clerk to mail copies
of the decision to the parties and to the municipal judge as
soon as the decision is rendered.
Sec. 30.1060. CERTIFICATE OF APPELLATE PROCEEDINGS. Requires
the clerk of the court to certify the proceedings and the
judgment and to mail the certificate to the municipal court
when the judgment of the appellate court becomes final.
Requires the court clerk to file the certificate with the
papers in the case and note the certificate on the case
docket. Provides that if the municipal court of record
judgment is affirmed, further action to enforce the judgment
is not necessary with exceptions.
Sec. 30.1061. EFFECT OF ORDER OF NEW TRIAL. Provides that if
an appellate court awards a new trial to the defendant, the
case stands as if a new trial had been granted by the
municipal court of record.
Sec. 30.1062. APPEAL TO COURT OF APPEALS. Provides that the
defendant has the right to appeal to the court of appeals if
the fine assessed against the defendant exceeds $100 and if
the judgment is affirmed by the appellate court. Provides
that the provisions of the Code of Criminal Procedure relating
to direct appeals from a county or a district court to the
court of appeals apply to the appeal, with exceptions.
SECTION 2. Emergency clause.
Effective date: upon passage.