BILL ANALYSIS



S.B. 918
By: Wentworth (Shields)
May 17, 1995
Committee Report (Unamended)


BACKGROUND

Currently, the Code of Criminal Procedure does not impose a time
restriction on appeals from the justice court and municipal court
to county court.  The Texas Rules of Civil Procedure place a time
limit of 10 days on appeals of civil cases from justice court to
county court.  In landlord-tenant eviction cases, the time limit in
which to appeal to the county court is only five days.

PURPOSE

As proposed, C.S.S.B. 918 establishes a time limit in which a
defendant may file a bond for appeal.

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 Article 44.14, Code of Criminal Procedure, as
follows:

     Art. 44.14.  FILING BOND PERFECTS APPEAL.  (a)  Provides that
     in appeals from justice and municipal courts, when the appeal
     bond provided for in the preceding article has not been filed
     with the justice or judge who tried the case not later than
     the 10th day after the date the judgment was entered, the
     appeal in such case shall be held to be perfected.
     
     (b)  Provides that if an appeal bond is not timely filed,
       the appeal court does not have jurisdiction over the case
       and shall remand the case to the justice or municipal court
       for execution of the sentence.
       
       (c)  Prohibits an appeal from being dismissed because the
       defendant failed to give notice of appeal in open court. 
       Prohibits an appeal by the defendant or the state from being
       dismissed on account of any defect in the transcript.
       
SECTION 2. Amends Chapter 44, Code of Criminal Procedure, by adding
Article 44.181, as follows:

     Art. 44.181.  DEFECT IN COMPLAINT.  (a)  Prohibits a court
     conducting a trial de novo based on an appeal from a justice
     or municipal court from dismissing the case because of a
     defect in the complaint.
     
     (b)  Authorizes the attorney representing the state to move
       to amend a defective complaint before the trial de novo
       begins.
SECTION 3. Amends Article 45.49, Code of Criminal Procedure, to
require the clerk of the court to note the date a judgment is
entered on a docket.  Makes a conforming change.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 1995.

SECTION 6. Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 918 was considered by the full committee in a formal meeting on
May 17, 1995.  SB 918 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars, by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.