By Allen H.B. No. 1738
74R381 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record in Grand
1-3 Prairie.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 30, Government Code, is amended by adding
1-6 Subchapter U to read as follows:
1-7 SUBCHAPTER U. GRAND PRAIRIE
1-8 Sec. 30.801. APPLICATION. This subchapter applies to the
1-9 City of Grand Prairie.
1-10 Sec. 30.802. CREATION. (a) The governing body of the city
1-11 may by ordinance create a municipal court of record if it
1-12 determines that the formation of the court is necessary to provide
1-13 a more efficient disposition of cases arising in the city. The
1-14 governing body may by ordinance determine the number of municipal
1-15 courts of record that are required to dispose of the cases and may
1-16 establish as many as are needed. The ordinance establishing the
1-17 courts shall give each court a numerical designation, beginning
1-18 with "Municipal Court No. 1."
1-19 (b) A municipal court of record may not exist concurrently
1-20 with municipal courts that are not courts of record in the city.
1-21 (c) A municipal court of record has no terms and may sit at
1-22 any time for the transaction of the business of the court.
1-23 Sec. 30.803. JURISDICTION. A municipal court of record has
1-24 the jurisdiction provided by general law for municipal courts. A
2-1 municipal court of record also has jurisdiction over cases arising
2-2 outside the territorial limits of the city under ordinances
2-3 authorized by Section 215.072, 217.042, 341.903, or 401.002, Local
2-4 Government Code.
2-5 Sec. 30.804. JUDGE. (a) A municipal court of record is
2-6 presided over by a judge, who shall be known as the "municipal
2-7 judge" or "city judge." The city manager, with the consent of the
2-8 governing body of the city, shall appoint the municipal judge.
2-9 (b) The judge must be an attorney licensed to practice law
2-10 in this state and a qualified voter in the city.
2-11 (c) A municipal judge is entitled to a salary set by the
2-12 governing body of the city.
2-13 (d) A municipal judge may be removed from office by the city
2-14 manager with the consent of the governing body of the city at any
2-15 time for incompetency, misconduct, malfeasance, or disability.
2-16 (e) The city manager, with the consent of the governing body
2-17 of the city, may appoint alternate municipal judges and may
2-18 designate the order of their priority to act for a municipal judge
2-19 if the municipal judge is unavailable or fails to act for any
2-20 reason or if there is a vacancy in the office of municipal judge.
2-21 Sec. 30.805. CLERK. The city manager, with the consent of
2-22 the governing body of the city, shall appoint a clerk of the
2-23 municipal courts of record. The clerk or the clerk's deputies
2-24 shall keep the records of the municipal courts of record, issue
2-25 process, and generally perform the duties for the courts that a
2-26 clerk of a county court exercising criminal jurisdiction is
2-27 required by law to perform for that court. The clerk shall perform
3-1 the duties in accordance with statutes, the city charter, and city
3-2 ordinances.
3-3 Sec. 30.806. COURT REPORTER. (a) For the purpose of
3-4 preserving a record in all cases tried before the municipal courts,
3-5 the governing body of the city shall provide an official court
3-6 reporter. The official court reporter must have the qualifications
3-7 required by general law for official court reporters.
3-8 (b) The court reporter may use written notes, transcribing
3-9 equipment, recording equipment, or a combination of these methods
3-10 to prepare a transcript of the proceedings of the court.
3-11 (c) The court reporter shall certify the official record.
3-12 If only an electronic recording is made to preserve the record, the
3-13 court reporter need not be present at trial to certify the
3-14 statement of facts.
3-15 (d) The court reporter is not required to record testimony
3-16 in a trial unless the judge or one of the parties requests a
3-17 record.
3-18 Sec. 30.807. COURT FACILITIES; SALARIES. (a) The governing
3-19 body of the city shall designate places in the city at which court
3-20 shall be held and shall provide suitable courtrooms and office
3-21 space for the municipal courts of record. The governing body shall
3-22 pay all costs incident to the provision of courtrooms and office
3-23 space.
3-24 (b) The governing body shall pay the salaries of the judges,
3-25 clerks, court reporters, and other employees of the municipal
3-26 courts of record.
3-27 Sec. 30.808. COMPLAINT; PROSECUTION; PLEADING. (a) A
4-1 proceeding in a municipal court of record commences with a
4-2 complaint. The complaint must begin "In the name and by authority
4-3 of the State of Texas" and must conclude "Against the peace and
4-4 dignity of the State." If the offense is covered by an ordinance,
4-5 it may also conclude "Contrary to said ordinance."
4-6 (b) A complaint before a municipal court of record may be
4-7 sworn to before an officer authorized to administer oaths or before
4-8 the municipal judge, clerk, city secretary, or city attorney or the
4-9 assistant or deputy of the judge, clerk, city secretary, or city
4-10 attorney, each of whom may administer oaths for that purpose.
4-11 (c) A complaint must be in writing and must state:
4-12 (1) the name of the accused, if known;
4-13 (2) an accurate description of the accused, if the
4-14 name is unknown;
4-15 (3) in plain, intelligible words, the offense with
4-16 which the accused is charged;
4-17 (4) facts showing the place where the offense was
4-18 committed, which must appear to be within the jurisdiction of the
4-19 court; and
4-20 (5) facts showing the date on which the offense was
4-21 committed, which must show that the offense is not barred by
4-22 limitations.
4-23 (d) A prosecution in a municipal court of record shall be
4-24 conducted by the city attorney or an assistant city attorney.
4-25 (e) All pleadings in a municipal court of record must be in
4-26 writing and must be filed with the clerk.
4-27 Sec. 30.809. JURY. (a) A person who is brought before a
5-1 municipal court of record and who is charged with an offense is
5-2 entitled to be tried by a jury of six persons. The jury shall
5-3 decide all questions of fact and the credibility of witnesses. The
5-4 court shall determine all matters of law and shall charge the jury
5-5 on the law.
5-6 (b) A juror in a municipal court of record must have the
5-7 same qualifications as jurors in other courts of Dallas County or
5-8 Tarrant County, as provided by Subchapter B, Chapter 62, and must
5-9 be a qualified voter in the City of Grand Prairie. Jurors in the
5-10 municipal court of record are subject to the law governing
5-11 exemption and excuse from jury service as are jurors in other
5-12 courts in Dallas County or Tarrant County.
5-13 Sec. 30.810. TRIAL. (a) Except as modified by this
5-14 subchapter, the Code of Criminal Procedure, as applied to county
5-15 courts, governs the trial of cases before a municipal court of
5-16 record.
5-17 (b) A bond taken in a proceeding in the court must be
5-18 payable to the state for the use and benefit of the city. The
5-19 court may not assess court costs other than warrant fees, capias
5-20 fees, and other fees as authorized for municipal courts.
5-21 (c) Testimony, exhibits, or evidence given by a witness in a
5-22 proceeding in the court is solely for that proceeding or its
5-23 appeal. In any civil proceeding that material is privileged and
5-24 inadmissible.
5-25 (d) A policeman of the city or any peace officer may serve a
5-26 process issued by a municipal court of record under the provisions
5-27 applicable to service of county court process by a sheriff or
6-1 constable.
6-2 (e) If the defendant is convicted of the offense, the
6-3 judgment and sentence shall be in the name of the state and shall
6-4 recover from the defendant the fine and costs for the use and
6-5 benefit of the city. The court may require that the defendant
6-6 remain in the custody of the chief of police until the fines and
6-7 costs are paid and shall order that execution issue to collect the
6-8 fines and penalties.
6-9 (f) All fines, fees, costs, and case bonds shall be paid to
6-10 the clerk, who shall deposit them directly into the city general
6-11 fund.
6-12 Sec. 30.811. APPEAL. (a) A defendant has the right of
6-13 appeal from a judgment of conviction in a municipal court of record
6-14 as provided by this subchapter. The state has no right to an
6-15 appeal or to a new trial. The county criminal courts of appeal of
6-16 Dallas County have jurisdiction of appeals from a municipal court
6-17 of record.
6-18 (b) To perfect an appeal, the defendant must file a motion
6-19 for new trial not later than the fifth day after the date on which
6-20 the judgment and sentence are rendered. The motion must be in
6-21 writing and must be filed with the clerk of the municipal courts of
6-22 record. The motion constitutes the assignments of error on appeal.
6-23 A ground of error not set forth in the motion is waived.
6-24 (c) After an order overruling a motion for new trial, the
6-25 defendant may give notice of appeal by paying the $10 transcript
6-26 preparation fee not later than the 10th day after the date on which
6-27 the motion is overruled. The clerk shall note the payment of the
7-1 fee on the docket of the court. If the case is reversed on appeal,
7-2 the fee shall be refunded to the defendant.
7-3 Sec. 30.812. APPEAL BOND; RECORD ON APPEAL. (a) If the
7-4 defendant is not in custody, the defendant may not take an appeal
7-5 until the defendant files an appeal bond with the municipal court
7-6 of record. The bond must be approved by the court and must be
7-7 filed not later than the 10th day after the date on which the
7-8 motion for new trial is overruled. If the defendant is in custody,
7-9 the defendant shall be committed to jail unless the defendant posts
7-10 the appeal bond.
7-11 (b) The appeal bond must be in the amount of $100 or double
7-12 the amount of fines and costs adjudged against the defendant,
7-13 whichever is greater. The bond must be payable to the state for
7-14 the use and benefit of the city and must be conditioned on the
7-15 defendant's immediate and daily personal appearance in the court to
7-16 which the appeal is taken.
7-17 (c) The record on appeal consists of a transcript and, if
7-18 necessary to the appeal, a statement of facts. The court reporter
7-19 shall prepare the record from the reporter's record or mechanical
7-20 or videotape recordings of the proceedings. The defendant shall
7-21 pay for the cost of the transcription. If the court finds that the
7-22 defendant is unable to pay or give security for the record on
7-23 appeal after a hearing in response to an affidavit by the
7-24 defendant, the court shall order the reporter to prepare the record
7-25 without charge to the defendant. If the case is reversed or
7-26 dismissed on appeal, the court shall refund the cost to the
7-27 defendant.
8-1 Sec. 30.813. TRANSCRIPT. (a) The clerk of the municipal
8-2 courts of record shall prepare under his hand and the seal of the
8-3 court a transcript of the proceedings in the municipal court of
8-4 record after payment of the preparation fee under Section 30.811.
8-5 The clerk shall prepare the transcript under written instructions
8-6 from the defendant or the defendant's attorney. The transcript
8-7 shall be in accordance with uniform rules established by the
8-8 appellate court.
8-9 (b) The defendant or the defendant's attorney may file a
8-10 copy of the written instructions with the clerk and may deliver a
8-11 copy to the city attorney.
8-12 (c) The city attorney may file a written direction to the
8-13 clerk to include additional portions of the trial proceedings in
8-14 the transcript.
8-15 Sec. 30.814. STATEMENT OF FACTS. (a) The statement of
8-16 facts consists of a transcription of the testimony of witnesses and
8-17 bills of exception. The court reporter shall prepare a statement
8-18 of facts at the request of the court or of any party and shall
8-19 immediately notify all parties in writing if a request is made.
8-20 The reporter shall provide each party with a copy of the statement
8-21 and shall file one copy with the clerk of the municipal courts of
8-22 record for immediate transmission to the appellate court clerk.
8-23 The transcription shall be in narrative form unless a party gives
8-24 written objection to the use of narrative form not later than the
8-25 fifth day after receiving notice of the request for a statement of
8-26 facts.
8-27 (b) The court reporter shall omit from the statement of
9-1 facts matters that are not essential to the decision or the
9-2 questions presented in the motion for new trial. The reporter may
9-3 abridge any document by omitting or abbreviating a formal portion
9-4 of the document and shall exclude formal parts of exhibits and more
9-5 than one copy of any document.
9-6 (c) The judge does not need to approve the statement of
9-7 facts if it is agreed to by the defendant or the defendant's
9-8 attorney and the city attorney or assistant city attorney.
9-9 (d) The party requesting a statement of facts, other than
9-10 the state or city, shall pay the cost of preparation of the
9-11 statement of facts. The defendant recovers the costs he paid for
9-12 the statement of facts if the case is reversed or dismissed on
9-13 appeal.
9-14 (e) The defendant or the defendant's attorney and the city
9-15 attorney or assistant city attorney may agree on a brief statement
9-16 of the case and the facts proven at trial for use by the appellate
9-17 court. That statement must be included in the transcript instead
9-18 of the proceedings at trial.
9-19 Sec. 30.815. TRANSFER OF RECORD; FEE. The parties must file
9-20 the transcript and the statement of facts with the clerk of the
9-21 municipal courts of record not later than the 60th day after the
9-22 date on which the transcript preparation fee was paid. The clerk
9-23 shall promptly forward them to the appellate court clerk.
9-24 Sec. 30.816. 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, except that the points are confined to those set
10-1 forth in the motion for new trial.
10-2 (b) The defendant must file the brief with the appellate
10-3 court clerk not later than the 15th day after the date on which the
10-4 transcript and statement of facts are filed with that clerk. The
10-5 clerk shall notify the prosecuting attorney of the filing.
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) Each party, on filing the party's brief with the
10-10 appellate court clerk, shall deliver a copy of the brief to the
10-11 opposing party.
10-12 Sec. 30.817. PROCEDURE; DISPOSITION ON APPEAL. (a) The
10-13 appellate court shall hear appeals from the municipal courts of
10-14 record at the earliest possible time with due regard to the rights
10-15 of the parties and the proper administration of justice. The court
10-16 may determine the rules for oral argument. The parties may submit
10-17 the case on the record and briefs without oral argument.
10-18 (b) According to the law and the nature of the case, the
10-19 appellate court may:
10-20 (1) affirm the judgment of the municipal court of
10-21 record;
10-22 (2) reverse and remand for a new trial;
10-23 (3) reverse and dismiss the case; or
10-24 (4) reform and correct the judgment.
10-25 (c) Unless the matter was made an issue in the trial court
10-26 or it affirmatively appears to the contrary from the transcript or
10-27 the statement of facts, the appellate court shall presume that:
11-1 (1) venue was proven in the trial court;
11-2 (2) the jury, if any, was properly impaneled and
11-3 sworn;
11-4 (3) the defendant was arraigned and pleaded to the
11-5 complaint; and
11-6 (4) the municipal judge certified the charge and the
11-7 clerk filed the charge before it was read to the jury.
11-8 (d) In each case decided by the appellate court, the court
11-9 shall deliver a written opinion or order either sustaining or
11-10 overruling each assignment of error presented. The court does not
11-11 need to give a reason for overruling an assignment of error, but it
11-12 may cite the cases on which it relied. If an assignment of error
11-13 is sustained, the court shall set forth the reasons for the
11-14 decision. The appellate court clerk shall mail copies of the
11-15 decision to the parties and to the municipal judge as soon as the
11-16 decision is rendered.
11-17 Sec. 30.818. CERTIFICATE OF APPELLATE PROCEEDINGS. When the
11-18 judgment of the appellate court becomes final, the clerk of that
11-19 court shall certify the proceedings and the judgment and shall mail
11-20 the certificate to the clerk of the municipal courts of record.
11-21 When the clerk of the municipal courts of record receives the
11-22 record, the clerk shall file the record with the papers in the case
11-23 and note the filing on the docket of the municipal court of record.
11-24 If the municipal court of record judgment is affirmed, further
11-25 action to enforce the judgment is not necessary except to:
11-26 (1) forfeit the bond of the defendant;
11-27 (2) issue a writ of capias for the defendant; or
12-1 (3) issue an execution against the defendant's
12-2 property.
12-3 Sec. 30.819. EFFECT OF ORDER OF NEW TRIAL. If the appellate
12-4 court awards a new trial to the defendant, the case stands as if a
12-5 new trial had been granted by the municipal court of record.
12-6 Sec. 30.820. APPEAL TO COURT OF APPEALS. An appeal of the
12-7 appellate court decision to the court of appeals is governed by the
12-8 Code of Criminal Procedure, except that the transcript, briefs, and
12-9 statement of facts filed with the appellate court constitute the
12-10 transcript, briefs, and statement of facts on appeal to the court
12-11 of appeals unless the rules of the court of criminal appeals
12-12 provide otherwise.
12-13 SECTION 2. The importance of this legislation and the
12-14 crowded condition of the calendars in both houses create an
12-15 emergency and an imperative public necessity that the
12-16 constitutional rule requiring bills to be read on three several
12-17 days in each house be suspended, and this rule is hereby suspended,
12-18 and that this Act take effect and be in force from and after its
12-19 passage, and it is so enacted.