74R6302 MLR-D
          By Brimer                                             H.B. No. 1242
          Substitute the following for H.B. No. 1242:
          By Thompson                                       C.S.H.B. No. 1242
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of municipal courts of record in Crowley.
    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 FF to read as follows:
    1-6                        SUBCHAPTER FF.  CROWLEY
    1-7        Sec. 30.1881.  APPLICATION.  This subchapter applies to the
    1-8  City of Crowley.
    1-9        Sec. 30.1882.  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. 30.1883.  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. 30.1884.  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 city
   2-25  and may not be diminished during the judge's term of office.  The
   2-26  salary may not be based directly or indirectly on fines, fees, or
   2-27  costs collected by the court.
    3-1        (g)  A municipal judge may be removed from office by the
    3-2  governing body of the city at any time for incompetency,
    3-3  misconduct, malfeasance, or disability.
    3-4        (h)  A municipal judge shall take judicial notice of the city
    3-5  ordinances and the corporate limits of the city in a case tried
    3-6  before a municipal court of record.  A municipal judge may grant
    3-7  writs of mandamus, injunction, and attachment and other writs
    3-8  necessary to the enforcement of the jurisdiction of the court and
    3-9  may issue writs of habeas corpus in cases in which the offense
   3-10  charged is within the jurisdiction of the court.  A municipal judge
   3-11  may issue administrative search warrants.
   3-12        (i)  The governing body of the city shall appoint a qualified
   3-13  person to fill a vacancy in the office of municipal judge for the
   3-14  remainder of the unexpired term.
   3-15        (j)  The governing body may appoint one or more qualified
   3-16  persons to be available to serve for a municipal judge who is
   3-17  temporarily absent due to illness, family death, continuing legal
   3-18  or judicial education programs, or any other reason.  The chief
   3-19  judge, or the municipal judge if there is no chief judge, shall
   3-20  select one of the persons appointed by the governing body to serve
   3-21  during an absence.  An alternate judge, while serving, has all the
   3-22  powers and shall discharge all the duties of a municipal judge.  An
   3-23  alternate judge must have the same qualifications as a municipal
   3-24  judge.
   3-25        Sec. 30.1885.  CLERK; OTHER PERSONNEL.  The city manager or
   3-26  city administrator of the city shall appoint a clerk of the
   3-27  municipal court of record who may hire, direct, and remove the
    4-1  personnel authorized in the city's annual budget for the clerk's
    4-2  office.  The clerk or the clerk's deputies shall keep the records
    4-3  of the municipal courts of record, issue process, and generally
    4-4  perform the duties for the courts that a clerk of the county court
    4-5  exercising criminal jurisdiction is required by law to perform for
    4-6  that court.   The clerk shall perform the duties in accordance with
    4-7  statutes, the city charter, and city ordinances.
    4-8        Sec. 30.1886.  COURT REPORTER.  (a)  The city shall provide a
    4-9  court reporter for the purpose of preserving a record in cases
   4-10  tried before the municipal court of record.  The clerk of the court
   4-11  shall appoint the court reporter, who must meet the qualifications
   4-12  provided by law for official court reporters.  The reporter shall
   4-13  be compensated by the city in the manner determined by the
   4-14  governing body of the city.
   4-15        (b)  The court reporter may use written notes, transcribing
   4-16  equipment, video or audio recording equipment, or a combination of
   4-17  those methods to record the proceedings of the court.  A record
   4-18  shall be kept for the 20-day period beginning the day after the
   4-19  last day of the court proceeding, trial, or denial of motion for
   4-20  new trial, whichever occurs last.
   4-21        (c)  The court reporter is not required to record testimony
   4-22  in a case unless the judge or one of the parties requests a record.
   4-23  A party's request for a record must be in writing and be filed with
   4-24  the court before trial.
   4-25        (d)  The governing body may provide that, in lieu of
   4-26  providing a court reporter at trial, proceedings in a municipal
   4-27  court of record may be recorded by a good quality electronic
    5-1  recording device.  If the governing body authorizes the electronic
    5-2  recording, the court reporter need not be present at trial to
    5-3  certify the statement of facts.  The recording shall be kept and
    5-4  stored for the 20-day period beginning the day after the last day
    5-5  of the proceeding, trial, or denial of motion for new trial,
    5-6  whichever occurs last.  The proceedings that are appealed shall be
    5-7  transcribed from the recording by an official court reporter.
    5-8        Sec. 30.1887.  PROSECUTIONS BY CITY ATTORNEY.  All
    5-9  prosecutions in the municipal court of record must be conducted by
   5-10  the city attorney or an assistant or deputy city attorney.
   5-11        Sec. 30.1888.  JURY.  (a)  A person who is brought before a
   5-12  municipal court of record and who is charged with an offense is
   5-13  entitled to be tried by a jury of six persons unless that right is
   5-14  waived according to law.  The jury shall decide all questions of
   5-15  fact or credibility of witnesses.  The court shall determine all
   5-16  matters of law and shall charge the jury on the law.
   5-17        (b)  A juror who serves in the municipal courts of record
   5-18  must meet the qualifications provided by Chapter 62.
   5-19        Sec. 30.1889.  APPEAL.  (a)  A defendant has the right of
   5-20  appeal from a judgment or conviction in a municipal court of record
   5-21  as provided in this subchapter.  The county criminal courts of
   5-22  Tarrant County have jurisdiction over an appeal.  The state has no
   5-23  right to an appeal or to a new trial.
   5-24        (b)  The appellate court shall determine each appeal from a
   5-25  municipal court of record conviction on the basis of the errors
   5-26  that are set forth in the defendant's motion for new trial and that
   5-27  are presented in the transcript and statement of facts prepared
    6-1  from the proceedings leading to the conviction.  An appeal from the
    6-2  municipal court of record may not be by trial de novo.
    6-3        (c)  To perfect an appeal, the defendant must file with the
    6-4  municipal court clerk a written motion for new trial not later than
    6-5  the 10th day after the date on which judgment is rendered.  The
    6-6  motion must set forth the points of error of which the defendant
    6-7  complains.  The motion or an amended motion may be amended by leave
    6-8  of court at any time before action on the motion is taken, but not
    6-9  later than the 20th day after the date on which the original or
   6-10  amended motion is filed.  The court may for good cause extend the
   6-11  time for filing or amending, but the extension may not exceed 90
   6-12  days from the original filing deadline.  If the court does not act
   6-13  on the motion before the expiration of the 30 days allowed for
   6-14  determination of the motion, the original or amended motion is
   6-15  overruled by operation of law.
   6-16        (d)  To perfect an appeal, the defendant must also give
   6-17  notice of the  appeal.  If the defendant requests a hearing on the
   6-18  motion for new trial, the defendant may give the notice of appeal
   6-19  orally in open court on the overruling of the motion.  If there is
   6-20  no hearing, the defendant must give written notice of appeal and
   6-21  must file the notice with the court not later than the 10th day
   6-22  after the date on which the motion is overruled.  The court may for
   6-23  good cause extend that time period, but the extension may not
   6-24  exceed 90 days from the original filing deadline.
   6-25        Sec. 30.1890.  APPEAL BOND.  (a)  If the defendant is not in
   6-26  custody, the defendant may not take an appeal until the defendant
   6-27  files an appeal bond with the municipal court of record.  The bond
    7-1  must be approved by the court and must be filed not later than the
    7-2  10th day after the date on which the motion for new trial is
    7-3  overruled.  If the defendant is in custody, the defendant shall be
    7-4  committed to jail unless the defendant posts the appeal bond.
    7-5        (b)  The appeal bond must be in the amount of $50 or double
    7-6  the amount of the fine and costs adjudged against the defendant,
    7-7  whichever is greater.  The bond must state that the defendant was
    7-8  convicted in the case and has appealed, must be payable to the
    7-9  state for the use and benefit of the city, and must be conditioned
   7-10  on the defendant's appearance in the court to which the appeal is
   7-11  taken.
   7-12        Sec. 30.1891.  RECORD ON APPEAL.  The record on appeal
   7-13  consists of a transcript and, if necessary to the appeal, a
   7-14  statement of facts.  The court reporter shall prepare the record
   7-15  from the reporter's record or mechanical or videotape recordings of
   7-16  the proceedings.  The defendant shall pay for the cost of the
   7-17  transcription.  If the court finds that the defendant is unable to
   7-18  pay or give security for the record on appeal after a hearing in
   7-19  response to an affidavit by the defendant, the court shall order
   7-20  the reporter to prepare the record without charge to the defendant.
   7-21  If the case is reversed on appeal, the court shall promptly refund
   7-22  the cost to the defendant.
   7-23        Sec. 30.1892.  TRANSCRIPT.  (a)  On the written request of
   7-24  the defendant or the defendant's attorney, the municipal court
   7-25  clerk shall prepare under the clerk's hand and seal a transcript of
   7-26  the municipal court of record proceedings.  The transcript must
   7-27  include copies of:
    8-1              (1)  the complaint;
    8-2              (2)  material docket entries made by the court;
    8-3              (3)  the jury charge and verdict in a jury trial;
    8-4              (4)  the judgment;
    8-5              (5)  the motion for new trial;
    8-6              (6)  the notice of appeal;
    8-7              (7)  written motions and pleas;
    8-8              (8)  written orders of the court;
    8-9              (9)  any bills of exception filed with the court;
   8-10              (10)  the appeal bond; and
   8-11              (11)  exhibits admitted into evidence.
   8-12        (b)  The clerk may include in the transcript additional
   8-13  portions of the proceedings in the court prepared from mechanical
   8-14  or videotape recordings.
   8-15        Sec. 30.1893.  BILLS OF EXCEPTION.  Either party may include
   8-16  bills of exception in the transcript subject to the applicable
   8-17  provisions of the Code of Criminal Procedure.  The bills of
   8-18  exception must be filed with the municipal court clerk not later
   8-19  than the 60th day after the date on which the notice of appeal is
   8-20  given or filed.
   8-21        Sec. 30.1894.  STATEMENTS OF FACTS.  A statement of facts
   8-22  included in the record on appeal must contain:
   8-23              (1)  a transcript of all or part of the municipal court
   8-24  of record proceedings that are shown by the notes of the court
   8-25  reporter to have occurred before, during, or after the trial, if
   8-26  the transcript is requested by the defendant;
   8-27              (2)  a brief statement of the facts of the case proven
    9-1  at trial as agreed to by the defendant and the prosecuting
    9-2  attorney;
    9-3              (3)  a partial transcript and the agreed statement of
    9-4  the facts of the case; or
    9-5              (4)  a transcript of all or part of the municipal court
    9-6  of record proceedings in the case that is prepared from mechanical
    9-7  or videotape recordings of the proceedings.
    9-8        Sec. 30.1895.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
    9-9  (a)  Not later than the 60th day after the date on which the notice
   9-10  of appeal is given or filed, the parties must file with the
   9-11  municipal court clerk:
   9-12              (1)  the statement of facts;
   9-13              (2)  a written description of material to be included
   9-14  in the transcript in addition to the required material; and
   9-15              (3)  any material to be included in the transcript that
   9-16  is not in the custody of the clerk.
   9-17        (b)  On completion of the record, the municipal judge shall
   9-18  approve the record in the manner provided for record completion,
   9-19  approval, and notification in the court of appeals.
   9-20        (c)  After the court approves the record, the clerk shall
   9-21  promptly send it to the appellate court clerk for filing.  The
   9-22  appellate court clerk shall notify the defendant and the
   9-23  prosecuting attorney that the record has been filed.
   9-24        Sec. 30.1896.  BRIEF ON APPEAL.  (a)  A defendant's brief on
   9-25  appeal from a municipal court of record must present points of
   9-26  error in the manner required by law for a brief on appeal to the
   9-27  court of appeals.
   10-1        (b)  The defendant must file the brief with the appellate
   10-2  court clerk not later than the 15th day after the date on which the
   10-3  transcript and statement of facts are filed with that clerk.  The
   10-4  defendant or the defendant's attorney must certify that the brief
   10-5  has been properly mailed to the prosecuting attorney.
   10-6        (c)  The prosecuting attorney must file the appellee's brief
   10-7  with the appellate court clerk not later than the 15th day after
   10-8  the date on which the defendant's brief is filed.
   10-9        (d)  On filing, each party shall deliver a copy of the brief
  10-10  to the opposing party and to the municipal judge.
  10-11        Sec. 30.1897.  COURT RULES.  (a)  Except as modified by this
  10-12  subchapter, the Code of Criminal Procedure governs the trial of
  10-13  cases before the municipal court of record.  The court may make and
  10-14  enforce all rules of practice and procedure necessary to expedite
  10-15  the trial of cases before the court that are not inconsistent with
  10-16  general law.
  10-17        (b)  A bond must be payable to the state for the use and
  10-18  benefit of the city.
  10-19        (c)  A peace officer may serve a process issued by a
  10-20  municipal court of record.
  10-21        (d)  The appellate courts may make and enforce all rules of
  10-22  practice and procedure that are not inconsistent with general law
  10-23  and that are necessary to expedite the dispatch of appeals from the
  10-24  municipal court of record.
  10-25        Sec. 30.1898.  DISPOSITION ON APPEAL.  (a)  According to law
  10-26  and the nature of the case, the appellate court may:
  10-27              (1)  affirm the judgment of the municipal court of
   11-1  record;
   11-2              (2)  reverse and remand for a new trial;
   11-3              (3)  reverse and dismiss the case; or
   11-4              (4)  reform and correct the judgment.
   11-5        (b)  Unless the matter was made an issue in the trial court
   11-6  or it affirmatively appears to the contrary from the transcript or
   11-7  the statement of facts, the appellate court shall presume that:
   11-8              (1)  venue was proven in the trial court;
   11-9              (2)  the jury, if any, was properly impaneled and
  11-10  sworn;
  11-11              (3)  the defendant was arraigned and pleaded to the
  11-12  complaint; and
  11-13              (4)  the municipal judge certified the charge before it
  11-14  was read to the jury.
  11-15        (c)  In each case decided by the appellate court, the court
  11-16  shall deliver a written opinion or order either sustaining or
  11-17  overruling each assignment of error presented.  The court shall set
  11-18  forth the reasons  for its decision.  The appellate court clerk
  11-19  shall mail copies of the decision to the parties and to the
  11-20  municipal judge as soon as the decision is rendered.
  11-21        Sec. 30.1899.  CERTIFICATE OF APPELLATE PROCEEDINGS.  When
  11-22  the judgment of the appellate court becomes final, the clerk of
  11-23  that court shall certify the proceedings and the judgment and shall
  11-24  mail the certificate to the municipal court.  The court clerk shall
  11-25  file the certificate with the papers in the case and note the
  11-26  certificate on the case docket.  If the municipal court of record
  11-27  judgment is affirmed, further action to enforce the judgment is not
   12-1  necessary except to:
   12-2              (1)  forfeit the bond of the defendant;
   12-3              (2)  issue a writ of capias for the defendant; or
   12-4              (3)  issue an execution against the defendant's
   12-5  property.
   12-6        Sec. 30.1900.  EFFECT OF ORDER OF NEW TRIAL.  If the
   12-7  appellate court awards a new trial to the defendant, the case
   12-8  stands as if a new trial had been granted by the municipal court of
   12-9  record.
  12-10        Sec. 30.1901.  APPEAL TO COURT OF APPEALS.  The defendant has
  12-11  the right to appeal to the court of appeals if the fine assessed
  12-12  against the defendant exceeds $100 and if the judgment is affirmed
  12-13  by the appellate court.  The provisions of the Code of Criminal
  12-14  Procedure relating to direct appeals from a county or a district
  12-15  court to the court of appeals apply to the appeal, except that:
  12-16              (1)  the record and briefs on appeal in the appellate
  12-17  court constitute the record and briefs on appeal to the court of
  12-18  appeals unless the rules of the court of criminal appeals provide
  12-19  otherwise; and
  12-20              (2)  the record and briefs shall be filed directly with
  12-21  the court of appeals.
  12-22        SECTION 2.  The importance of this legislation and the
  12-23  crowded condition of the calendars in both houses create an
  12-24  emergency and an imperative public necessity that the
  12-25  constitutional rule requiring bills to be read on three several
  12-26  days in each house be suspended, and this rule is hereby suspended,
  12-27  and that this Act take effect and be in force from and after its
   13-1  passage, and it is so enacted.