By Hartnett H.B. No. 604
74R1892 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record in Irving.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 30, Government Code, is amended by adding
1-5 Subchapter AA to read as follows:
1-6 SUBCHAPTER AA. IRVING
1-7 Sec. 30.0241. Application. This subchapter applies to the
1-8 City of Irving.
1-9 Sec. 30.0242. Creation. (a) The governing body of the city
1-10 may by ordinance create a municipal court of record if it
1-11 determines that the formation of the court is necessary to provide
1-12 a more efficient disposition of cases arising in the city. The
1-13 governing body may by ordinance determine the number of municipal
1-14 courts of record that are required to dispose of the cases and may
1-15 establish as many as are needed. The ordinance establishing the
1-16 courts shall give each court a numerical designation, beginning
1-17 with "Municipal Court of Record No. 1."
1-18 (b) A municipal court of record may not exist concurrently
1-19 with municipal courts that are not courts of record in the city.
1-20 (c) A municipal court of record has no terms and may sit at
1-21 any time for the transaction of the business of the court.
1-22 Sec. 30.0243. Application of Other Laws. The general law
1-23 regarding municipal courts, the general law regarding justice
1-24 courts on matters not covered by the law regarding municipal
2-1 courts, and any charter provision or ordinance of the city relating
2-2 to the municipal court apply to a municipal court of record unless
2-3 the law, charter provision, or ordinance is in conflict or
2-4 inconsistent with this subchapter.
2-5 Sec. 30.0244. Judge. (a) A municipal court of record is
2-6 presided over by a municipal judge.
2-7 (b) If there is more than one municipal judge in the city,
2-8 the governing body of the city shall appoint one of the judges to
2-9 be the chief judge.
2-10 (c) A municipal judge, including the chief judge, is
2-11 appointed by the governing body of the city for a term of two
2-12 years.
2-13 (d) A municipal judge must be a licensed attorney in good
2-14 standing in this state and must have two or more years of
2-15 experience in the practice of law in this state. The judge must be
2-16 a citizen of the United States and of this state. The judge shall
2-17 devote as much time to the office as it requires.
2-18 (e) If there is more than one municipal court of record in
2-19 the city, the judges may exchange benches and may sit and act for
2-20 each other in any proceeding pending in the courts. An act
2-21 performed by any of the judges is binding on all parties to the
2-22 proceeding.
2-23 (f) A municipal judge is entitled to a salary from the city,
2-24 the amount of which is determined by the governing body of the
2-25 city. The amount of a municipal judge's salary may not be
2-26 diminished during the judge's term of office. The salary may not
2-27 be based directly or indirectly on fines, fees, or costs collected
3-1 by the court.
3-2 (g) A municipal judge may be removed from office by the
3-3 governing body of the city at any time.
3-4 (h) A municipal judge shall take judicial notice of state
3-5 law, city ordinances, and the corporate limits of the city in a
3-6 case tried before a municipal court of record. A municipal judge
3-7 may grant writs of mandamus, injunction, and attachment and other
3-8 writs necessary to the enforcement of the jurisdiction of the court
3-9 and may issue writs of habeas corpus in cases in which the offense
3-10 charged is within the jurisdiction of the court.
3-11 (i) The governing body may appoint one or more qualified
3-12 persons to be available to serve for a municipal judge who is
3-13 temporarily absent due to illness, family death, or continuing
3-14 legal or judicial education programs or for any other reason. The
3-15 chief judge, or the municipal judge if there is no chief judge,
3-16 shall select one of the persons appointed by the governing body to
3-17 serve during an absence. An alternate judge, while serving, has
3-18 all the powers and shall discharge all the duties of a municipal
3-19 judge. An alternate judge must have the same qualifications as a
3-20 municipal judge.
3-21 Sec. 30.0245. Clerk; Other Personnel. The city manager of
3-22 the city may appoint a clerk of the municipal court of record who
3-23 may hire, direct, and remove the personnel authorized in the city's
3-24 annual budget for the clerk's office. The clerk or the clerk's
3-25 deputies or assistants may keep the records of the municipal courts
3-26 of record, issue process, and generally perform the duties for the
3-27 courts that a clerk of the county court exercising criminal
4-1 jurisdiction is required by law to perform for that court. The
4-2 clerk shall perform the duties in accordance with statutes, the
4-3 city charter, and city ordinances.
4-4 Sec. 30.0246. Court Reporter. (a) The city shall provide a
4-5 court reporter for the purpose of preserving a record in cases
4-6 tried before the municipal court of record. The clerk of the court
4-7 shall appoint the court reporter, who must meet the qualifications
4-8 provided by law for official court reporters. The reporter shall
4-9 be compensated by the city in the manner determined by the
4-10 governing body of the city.
4-11 (b) The court reporter may use written notes, transcribing
4-12 equipment, video or audio recording equipment, or a combination of
4-13 those methods to record the proceedings of the court. The court
4-14 reporter shall keep the record for the 20-day period beginning the
4-15 date after the last day of the court proceeding, trial, or denial
4-16 of motion for new trial, whichever occurs last.
4-17 (c) The court reporter is not required to record testimony
4-18 in a case unless the judge or one of the parties requests a record.
4-19 A party's request for a record must be in writing and be filed with
4-20 the court before trial. The judge shall tell the defendant that
4-21 unless the trial is recorded, the defendant waives the right to
4-22 appeal.
4-23 (d) The court clerk may provide that, in lieu of the city's
4-24 providing a court reporter at trial, proceedings in a municipal
4-25 court of record may be recorded by a good quality electronic
4-26 recording device. If the court clerk authorizes the electronic
4-27 recording, the court reporter need not be present at trial to
5-1 certify the statement of facts. The recording shall be kept and
5-2 stored for the 20-day period beginning the day after the last day
5-3 of the proceeding, trial, or denial of motion for new trial,
5-4 whichever occurs last. The proceedings that are appealed shall be
5-5 transcribed from the recording by an official court reporter.
5-6 Sec. 30.0247. Prosecutions by City Attorney. All
5-7 prosecutions in the municipal court of record must be conducted by
5-8 the city attorney, an assistant or deputy city attorney, or an
5-9 attorney designated by the city attorney as a special prosecutor.
5-10 Sec. 30.0248. Jury. (a) A person who is brought before a
5-11 municipal court of record and who is charged with an offense is
5-12 entitled to be tried by a jury of six persons unless that right is
5-13 waived according to law. The jury shall assess the fine in a case
5-14 in which it finds the defendant guilty unless the defendant or the
5-15 state requests the judge to assess a fine.
5-16 (b) A juror who serves in the municipal courts of record
5-17 must meet the qualifications provided by Chapter 62.
5-18 Sec. 30.0249. Appeal. (a) A defendant has the right of
5-19 appeal from a judgment of conviction in a municipal court of record
5-20 as provided by this subchapter. The county criminal courts of
5-21 Dallas County have jurisdiction over an appeal.
5-22 (b) The appellate court shall determine each appeal from a
5-23 municipal court of record conviction on the basis of the errors
5-24 that are set forth in the defendant's motion for new trial and that
5-25 are presented in the transcript and statement of facts prepared
5-26 from the proceedings leading to the conviction. An appeal from the
5-27 municipal court of record may not be by trial de novo.
6-1 (c) To perfect an appeal, the defendant must file with the
6-2 municipal court clerk a written motion for new trial not later than
6-3 the 10th day after the date on which judgment is rendered. The
6-4 motion must set forth the points of error of which the defendant
6-5 complains. The motion or an amended motion may be amended by leave
6-6 of court at any time before action on the motion is taken, but not
6-7 later than the 20th day after the date on which the original or
6-8 amended motion is filed. The court may for good cause extend the
6-9 time for filing or amending but the extension may not exceed 90
6-10 days from the original filing deadline. If the court does not act
6-11 on the motion before the expiration of the 30 days allowed for
6-12 determination of the motion, the original or amended motion is
6-13 overruled by operation of law.
6-14 (d) To perfect an appeal, the defendant must also give
6-15 notice of the appeal. If the defendant requests a hearing on the
6-16 motion for new trial, the defendant may give the notice of appeal
6-17 orally in open court on the overruling of the motion. If there is
6-18 no hearing, the defendant must give written notice of appeal and
6-19 must file the notice with the court not later than the 10th day
6-20 after the date on which the motion is overruled. The court may for
6-21 good cause extend that time period, but the extension may not
6-22 exceed 90 days from the original filing deadline.
6-23 (e) The court reporter shall set a reasonable transcript
6-24 preparation fee. The court clerk shall note the payment of the fee
6-25 on the docket of the court.
6-26 Sec. 30.0250. Appeal Bond. (a) If the defendant is not in
6-27 custody, the defendant may not take an appeal until the defendant
7-1 files an appeal bond with the municipal court of record. The bond
7-2 must be approved by the court and must be filed not later than the
7-3 10th day after the date on which the motion for new trial is
7-4 overruled. If the defendant is in custody, the defendant shall be
7-5 committed to jail unless the defendant posts the appeal bond.
7-6 (b) The appeal bond must be in the amount of $50 or double
7-7 the amount of the fine and costs adjudged against the defendant,
7-8 whichever is greater. The bond must state that the defendant was
7-9 convicted in the case and has appealed, must be payable to the
7-10 state for the use and benefit of the city, and must be conditioned
7-11 on the defendant's appearance in the court to which the appeal is
7-12 taken.
7-13 Sec. 30.0251. Record on Appeal. The record on appeal
7-14 consists of a transcript and, if necessary to the appeal, a
7-15 statement of facts. The court reporter shall prepare the record
7-16 from the reporter's record or mechanical or videotape recordings of
7-17 the proceedings.
7-18 Sec. 30.0252. Transcript. (a) On the written request of
7-19 the defendant or the defendant's attorney, the municipal court
7-20 clerk shall prepare under the clerk's hand and seal a transcript of
7-21 the municipal court of record proceedings. The transcript must
7-22 include copies of:
7-23 (1) the complaint;
7-24 (2) material docket entries made by the court;
7-25 (3) the jury charge and verdict in a jury trial;
7-26 (4) the judgment;
7-27 (5) the motion for new trial;
8-1 (6) the notice of appeal;
8-2 (7) written motions and pleas;
8-3 (8) written orders of the court;
8-4 (9) any bills of exception filed with the court;
8-5 (10) the appeal bond; and
8-6 (11) exhibits admitted into evidence.
8-7 (b) The clerk may include in the transcript additional
8-8 portions of the proceedings in the court prepared from mechanical
8-9 or videotape recordings.
8-10 Sec. 30.0253. Bills of Exception. Either party may include
8-11 bills of exception in the transcript subject to the applicable
8-12 provisions of the Code of Criminal Procedure. The bills of
8-13 exception must be filed with the municipal court clerk not later
8-14 than the 60th day after the date on which the notice of appeal is
8-15 given or filed.
8-16 Sec. 30.0254. Statements of Facts. (a) A statement of
8-17 facts included in the record on appeal must contain:
8-18 (1) a transcript of all or part of the municipal court
8-19 of record proceedings that are shown by the notes of the court
8-20 reporter to have occurred before, during, or after the trial, if
8-21 the transcript is requested by the defendant;
8-22 (2) a brief statement of the facts of the case proven
8-23 at trial as agreed to by the defendant and the prosecuting
8-24 attorney;
8-25 (3) a partial transcript and the agreed statement of
8-26 the facts of the case; or
8-27 (4) a transcript of all or part of the municipal court
9-1 of record proceedings in the case that is prepared from mechanical
9-2 or videotape recordings of the proceedings.
9-3 (b) The defendant shall pay for the transcriptions unless
9-4 the court finds, after hearing in response to an affidavit by the
9-5 defendant, that the defendant is unable to pay or give security for
9-6 the transcriptions. On certification by the court that the
9-7 transcriber has rendered the service without charge to the
9-8 defendant, the transcriber shall be paid for the services by the
9-9 city. If the case is reversed on appeal, the court shall promptly
9-10 refund the cost to the defendant.
9-11 Sec. 30.0255. Completion, Approval, and Transfer of Record.
9-12 (a) Not later than the 60th day after the date on which the notice
9-13 of appeal is given or filed, the appellant must file with the
9-14 municipal court clerk:
9-15 (1) the statement of facts;
9-16 (2) a written description of material to be included
9-17 in the transcript in addition to the required material; and
9-18 (3) any material to be included in the transcript that
9-19 is not in the custody of the clerk.
9-20 (b) On completion of the record, the municipal judge shall
9-21 approve the record in the manner provided for record completion,
9-22 approval, and notification in the court of appeals.
9-23 (c) After the court approves the record, the clerk shall
9-24 promptly send it to the appellate court clerk for filing. The
9-25 appellate court clerk shall notify the defendant and the
9-26 prosecuting attorney that the record has been filed.
9-27 (d) At the time of requesting the clerk to prepare a record
10-1 on appeal from the transcript and statement of facts, the defendant
10-2 must pay to the clerk a record preparation fee of $25. The court
10-3 shall waive the record preparation fee if the court finds after a
10-4 hearing that the defendant is unable to pay the fee. The defendant
10-5 must file and personally sign an affidavit that the defendant is
10-6 unable to pay. The defendant must file the affidavit at the time
10-7 the notice of appeal is given or filed. The affidavit of inability
10-8 to pay must contain reasonable information as the court may require
10-9 by rules. The prosecutor may oppose, under time limits and
10-10 conditions set by the rules of the municipal court of record, the
10-11 affidavit of inability to pay the fee and may call the appellant as
10-12 a witness on that issue. If the case is reversed upon appeal, the
10-13 clerk shall refund the record preparation fee to the defendant.
10-14 (e) The municipal judge may for good cause extend the time
10-15 for filing the record.
10-16 Sec. 30.0256. Brief on Appeal. (a) A defendant's brief on
10-17 appeal from a municipal court of record must present points of
10-18 error in the manner required by law for a brief on appeal to the
10-19 court of appeals.
10-20 (b) The defendant must file the brief with the appellate
10-21 court clerk not later than the 15th day after the date on which the
10-22 transcript and statement of facts are filed with that clerk. The
10-23 defendant or the defendant's attorney must certify that the brief
10-24 has been properly mailed to the prosecuting attorney.
10-25 (c) The prosecuting attorney must file the appellee's brief,
10-26 if any, with the appellate court clerk not later than the 15th day
10-27 after the date on which the defendant's brief is filed.
11-1 (d) On filing, each party shall deliver a copy of the brief
11-2 to the opposing party and to the municipal judge.
11-3 (e) The appellate court may in its discretion extend the
11-4 times for filing briefs.
11-5 Sec. 30.0257. Court Rules. (a) Except as modified by this
11-6 subchapter, the Code of Criminal Procedure governs the trial of
11-7 cases before the municipal court of record. The court may make and
11-8 enforce all rules of practice and procedure necessary to expedite
11-9 the trial of cases before the court that are not inconsistent with
11-10 general law.
11-11 (b) The appellate courts may make and enforce all rules of
11-12 practice and procedure that are not inconsistent with general law
11-13 and that are necessary to expedite the dispatch of appeals from the
11-14 municipal court of record.
11-15 Sec. 30.0258. Disposition on Appeal. (a) According to law
11-16 and the nature of the case, the appellate court may:
11-17 (1) affirm the judgment of the municipal court of
11-18 record;
11-19 (2) reverse and remand for a new trial;
11-20 (3) reverse and dismiss the case; or
11-21 (4) reform and correct the judgment.
11-22 (b) Unless the matter was made an issue in the trial court
11-23 or it affirmatively appears to the contrary from the transcript or
11-24 the statement of facts, the appellate court shall presume that:
11-25 (1) venue was proven in the trial court;
11-26 (2) the jury, if any, was properly impaneled and
11-27 sworn;
12-1 (3) the defendant was arraigned and pleaded to the
12-2 complaint; and
12-3 (4) the municipal judge certified the charge before it
12-4 was read to the jury.
12-5 (c) In each case decided by the appellate court, the court
12-6 shall deliver a written opinion or order either sustaining or
12-7 overruling each assignment of error presented. The court shall set
12-8 forth the reasons for its decision. The appellate court clerk
12-9 shall mail copies of the decision to the parties and to the
12-10 municipal judge as soon as the decision is rendered.
12-11 Sec. 30.0259. Certificate of Appellate Proceedings. When
12-12 the judgment of the appellate court becomes final, the clerk of
12-13 that court shall certify the proceedings and the judgment and shall
12-14 mail the certificate to the municipal court. The court clerk shall
12-15 file the certificate with the papers in the case and note the
12-16 certificate on the case docket. If the municipal court of record
12-17 judgment is affirmed, further action to enforce the judgment is not
12-18 necessary except to:
12-19 (1) forfeit the bond of the defendant;
12-20 (2) issue a writ of capias for the defendant; or
12-21 (3) issue an execution against the defendant's
12-22 property.
12-23 Sec. 30.0260. Effect of Order on New Trial. If the
12-24 appellate court awards a new trial to the defendant, the case
12-25 stands as if a new trial had been granted by the municipal court of
12-26 record.
12-27 Sec. 30.0261. Appeal to Court of Appeals. The defendant has
13-1 the right to appeal to the court of appeals if the fine assessed
13-2 against the defendant exceeds $100 and if the judgment is affirmed
13-3 by the appellate court. The provisions of the Code of Criminal
13-4 Procedure relating to direct appeals from a county or a district
13-5 court to the court of appeals apply to the appeal, except that:
13-6 (1) the record and briefs on appeal in the appellate
13-7 court constitute the record and briefs on appeal to the court of
13-8 appeals unless the rules of the court of criminal appeals provide
13-9 otherwise; and
13-10 (2) the record and briefs shall be filed directly with
13-11 the court of appeals.
13-12 SECTION 2. The importance of this legislation and the
13-13 crowded condition of the calendars in both houses create an
13-14 emergency and an imperative public necessity that the
13-15 constitutional rule requiring bills to be read on three several
13-16 days in each house be suspended, and this rule is hereby suspended,
13-17 and that this Act take effect and be in force from and after its
13-18 passage, and it is so enacted.