BILL ANALYSIS
C.S.S.B. 1286
By: Montford
Jurisprudence
4-21-95
Committee Report (Substituted)
BACKGROUND
The City of Odessa must hold elections to fill vacancies on its
municipal court. Most large municipalities appoint judges to
municipal courts of record. Odessa city officials believe that the
cost of conducting a campaign discourages many highly qualified
candidates from running for municipal judge.
Courts of record reduce the number of appeals, protect the
integrity of convictions, and reduce county court dockets.
Houston, Dallas, Ft. Worth, Austin, San Antonio, Midland,
Arlington, and Amarillo have municipal courts of record with
vacancies filled by appointment.
PURPOSE
As proposed, C.S.S.B. 1286 sets forth regulations for the
appointment, jurisdiction, duties, and court proceedings for
municipal courts of record in Odessa.
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 Section 30.352(a), Government Code, to make a
nonsubstantive change.
SECTION 2. Amends Section 30.353, Government Code, as follows:
Sec. 30.353. JURISDICTION. (a) Deletes a provision providing
that a municipal court of record (municipal court) has
exclusive original jurisdiction in all criminal cases other
than traffic offenses and the jurisdiction granted to
municipal courts by state law.
(b) Provides that the court has concurrent jurisdiction with
a justice of the peace in any precinct in which the city is
located in criminal cases within the justice court
jurisdiction that meet certain criteria.
(c) Provides that the court has jurisdiction over cases
arising outside the territorial limits of the city under
ordinances authorized by Sections 215.072, 217.042, 341.903,
and 401.002, Local Government Code.
(d) Provides that the court has jurisdiction over Class C
misdemeanor cases that are punishable by fine only.
SECTION 3. Amends Section 30.354(b), Government Code, to require
the governing body of the city to appoint a municipal judge and an
alternate municipal judge (alternate) under an ordinance adopted by
the governing body. Provides that these judges are appointed for
two-year terms.
SECTION 4. Amends Section 30.355, Government Code, to delete a
provision requiring the governing body to determine the salary of
a municipal judge at least two weeks prior to the deadline for
filing for election.
SECTION 5. Amends Section 30.356(b), Government Code, to authorize
the governing body to appoint qualified persons to sit as alternate
municipal judges, to be known as an alternate. Requires alternates
to meet the qualifications prescribed for the municipal judge.
Requires the governing body to set the compensation of the
alternates. Authorizes the municipal judge to assign an alternate
to act for a judge who is temporarily unable to act for any reason.
Provides that an alternate has all the powers and duties of the
office while acting for the municipal judge. Makes conforming
changes.
SECTION 6. Amends Section 30.358(a), Government Code, to require
the city manager, rather than the governing body, to provide for
the appointment of a clerk of the municipal courts of records.
SECTION 7. Amends Section 30.359, Government Code, as follows:
Sec. 30.359. RECORDING OF PROCEEDINGS; COURT REPORTER. (a)
Requires the city by ordinance to provide for the appointment
of a court reporter for the purpose of preserving a record in
cases tried before a municipal court of record. Requires the
court reporter to meet the appropriate qualifications.
(b) Authorizes city, by ordinance, to provide that, instead
of providing a court reporter at a trial, proceedings in a
municipal court may be recorded electronically. Provides
that the court reporter need not be present at trial to
record the proceedings if the recording device is used.
Deletes existing Subsection (b) and makes conforming
changes.
(c) Authorizes the city by ordinance to provide for the use
of certain methods to record the proceedings. Requires the
court reporter to keep the record for a certain time period.
(d) Provides that no one is required to record testimony
unless the judge or one of the parties requests a record.
Requires a party's request for a record to be in writing and
to be filed with the court at least five days before the
trial.
(e) Requires the court reporter to certify the official
record.
SECTION 8. Amends Chapter 30L, Government Code, by adding Sections
30.3601-30.3604, as follows:
Sec. 30.3601. PROSECUTION BY CITY ATTORNEY. Requires all
prosecutions in a municipal court of record to be conducted by
a city attorney, or an assistant or deputy.
Sec. 30.3602. COMPLAINT; PLEADING. (a) Sets forth required
language for a complaint filed in the municipal court of
record.
(b) Requires complaints to comply with Article 45.17, Code
of Criminal Procedure.
(c) Requires pleadings to be in writing and to be filed with
the clerk.
Sec. 30.3603. JURY. (a) Entitles a person brought before a
municipal court and charged with an offense to be tried by a
jury of six persons, unless that right is waived.
(b) Requires a juror to have the qualifications required of
jurors and to be a city resident.
(c) Entitles a juror to receive the compensation for each
day of attendance on a jury.
(d) Requires the clerk to establish a fair, impartial, and
objective juror selection process.
Sec. 30.3604. COURT RULES. (a) Provides that the Code of
Criminal Procedure as applied to county courts at law governs
the trial of cases before municipal courts of record, except
as provided in this subchapter.
(b) Requires bonds to be payable to the state for the use
and benefit of the city. Prohibits the court from assessing
court costs other than authorized fees.
(c) Authorizes a peace officer to serve a process issued by
a municipal court of record.
(d) Provides that the judgment and sentence are in the name
of the state which recovers the fine and fees from the
defendant for the use and benefit of the city.
(e) Requires monies to be paid to the clerk to deposit in
the general revenue fund.
SECTION 9. Amends Section 30.361, Government Code, as follows:
Sec. 30.361. APPELLATE COURTS. (a) Provides that the state
has the right to appeal and for purposes of that appeal, the
prosecuting attorney is the city attorney or an assistant or
deputy. Requires Ector County courts of law to be initial
courts of review for appellate review of cases from a
municipal court of record and to hear all appeals, with an
exception. Makes conforming changes.
(b) Requires the appellate court to determine each appeal
from a municipal court 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 from the proceedings. Prohibits, rather than allows,
an appeal from a municipal court from being by trial de
novo. Deletes existing Subsection (c).
SECTION 10. Amends Section 30.362, Government Code, as follows:
Sec. 30.362. New heading: APPEAL BOND. (a) Prohibits the
defendant from taking an appeal until the defendant files an
appeal bond with the municipal court. Requires the bond to be
court-approved and be filed not later than the 10th day after
which the motion for new trial is overruled.
(b) Sets forth requirements for the appeal bond. Makes
conforming changes.
SECTION 11. Amends Section 30.363, Government Code, as follows:
Sec. 30.363. PERFECTING APPEAL. (a) Requires the defendant
to file a motion for a new trial within 10 days after the
judgment and sentence are rendered. Provides that the motion
constitutes the assignments of error on appeal. Provides that
a ground or error not set forth in the motion is waived.
Provides that if the court does not act on the motion within
30 days after its filing, the motion is overruled by operation
of law. Makes conforming changes.
(b) Requires the defendant to give written notice of appeal
and pay the transcript preparation fee within a certain time
period. Authorizes the governing body, by ordinance, to set
a reasonable transcript preparation fee up to $25. Requires
the clerk to note the payment on the court docket. Deletes
existing Subsection (b).
(c) Requires the city attorney or the assistant or deputy
city attorney to prosecute all appeals from the municipal
courts. Deletes existing Subsection (c).
SECTION 12. Amends Section 30.364, Government Code, to require
the court reporter to prepare the record from the reporter's record
of the proceedings. Requires the defendant to pay for the cost of
the transcription.
SECTION 13. Amends Section 30.365, Government Code, as follows:
Sec. 30.365. New heading: TRANSCRIPT. (a) Requires the
clerk to prepare a transcript of the municipal court
proceedings after payment of the transcript preparation fee.
Requires the clerk to prepare the transcript under written
instructions from the defendant or the defendant's attorney.
Sets forth requirements for the transcript.
(b) Requires the defendant or the defendant's attorney to
file a copy of the written instructions with the clerk and
to deliver a copy to the city attorney or an assistant or
deputy.
(c) Requires the city attorney or an assistant or deputy to
file a written direction to the clerk if additional portions
of the proceedings in the transcript are to be included.
Makes conforming changes.
SECTION 14. Amends Section 30.367(a), Government Code, to make
nonsubstantive changes.
SECTION 15. Amends Section 30.368, Government Code, as follows:
Sec. 30.368. New heading: TRANSFER OF RECORD; FEE. Requires
the parties to file the transcript and the statement of facts
with the clerk of the municipal court not later than the 60th
day after the date on which the transcript preparation fee was
paid. Requires the clerk to forward them to the appellate
court clerk. Deletes existing Subsections (b)-(d) to make
conforming changes.
SECTION 16. Amends Section 30.369, Government Code, as follows:
Sec. 30.369. BRIEF ON APPEAL. (a) Redesignates existing
Subsection (b). Requires the appellant, rather than the
defendant, to file a brief on appeal by the 30th, rather than
the 15th, day after the date on which the transcript and
statement of facts are filed with that clerk.
(b) Redesignates existing Subsection (c). Requires the
appellee, rather than the prosecuting attorney, to file the
appellee's brief with the appellate court clerk not later
than the 30th, rather than the 15th day after the
appellant's brief is filed. Makes nonsubstantive changes.
(c) Requires the record and briefs on appeal to be limited
as far as possible to the questions relied on for reversal
to avoid delay.
(d) Makes nonsubstantive changes. Deletes existing
Subsection (e) authorizing the appellate court to extend the
times for filing briefs.
SECTION 17. Amends Section 30.370, Government Code, to make
conforming changes.
SECTION 18. Amends Section 30.371(c), Government Code, to make
a nonsubstantive change.
SECTION 19. Amends Section 30.372, Government Code, to provide
that if the municipal court's judgment is affirmed, further action
is not necessary except to issue an execution against the
defendant's property, among other specified actions. Makes
conforming changes.
SECTION 20. Amends Section 30.374, Government Code, to make
conforming and nonsubstantive changes.
SECTION 21. Repealer: Sections 30.352(c) and 30.366, Government
Code (Creation-Bills of Exception).
SECTION 22. Effective date: September 1, 1995.
SECTION 23. Emergency clause.