1-1        By:  Dear (Senate Sponsor - Sibley)             H.B. No. 1856
    1-2        (In the Senate - Received from the House May 17, 1995;
    1-3  May 19, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; May 23, 1995, reported favorably by the following
    1-5  vote:  Yeas 5, Nays 0; May 23, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the creation of municipal courts of record in White
    1-9  Settlement.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Chapter 30, Government Code, is amended by adding
   1-12  Subchapter W to read as follows:
   1-13                    SUBCHAPTER W.  WHITE SETTLEMENT
   1-14        Sec. 30.881.  APPLICATION.  This subchapter applies to the
   1-15  City of White Settlement.
   1-16        Sec. 30.882.  CREATION.  (a)  The governing body of the city
   1-17  may by ordinance create a municipal court of record if it
   1-18  determines that the formation of the court is necessary to provide
   1-19  a more efficient disposition of cases arising in the city.  The
   1-20  governing body may by ordinance determine the number of municipal
   1-21  courts of record that are required to dispose of the cases and may
   1-22  establish as many as are needed.  The ordinance establishing the
   1-23  courts shall give each court a numerical designation, beginning
   1-24  with "Municipal Court of Record No. 1."
   1-25        (b)  A municipal court of record may not exist concurrently
   1-26  with municipal courts that are not courts of record in the city.
   1-27        (c)  A municipal court of record has no terms and may sit at
   1-28  any time for the transaction of the business of the court.
   1-29        Sec. 30.883.  APPLICATION OF OTHER LAWS.  The general law
   1-30  regarding municipal courts, the general law regarding justice
   1-31  courts on matters not covered by the law regarding municipal
   1-32  courts, and any charter provision or ordinance of the city relating
   1-33  to the municipal court apply to a municipal court of record unless
   1-34  the law, charter provision, or ordinance is in conflict or
   1-35  inconsistent with this subchapter.
   1-36        Sec. 30.884.  JUDGE.  (a)  A municipal court of record is
   1-37  presided over by a municipal judge.
   1-38        (b)  If there is more than one municipal judge in the city,
   1-39  the governing body of the city shall appoint one of the judges to
   1-40  be the chief judge.
   1-41        (c)  A municipal judge, including the chief judge, is
   1-42  appointed by the governing body of the city for a term of two
   1-43  years.
   1-44        (d)  A municipal judge must be a licensed attorney in good
   1-45  standing in this state and must have two or more years of
   1-46  experience in the practice of law in this state.  The judge must be
   1-47  a citizen of the United States and of this state.  The judge shall
   1-48  devote as much time to the office as it requires.
   1-49        (e)  If there is more than one municipal court of record in
   1-50  the city, the judges may exchange benches and may sit and act for
   1-51  each other in any proceeding pending in the courts.  An act
   1-52  performed by any of the judges is binding on all parties to the
   1-53  proceeding.
   1-54        (f)  A municipal judge is entitled to a salary from the city,
   1-55  the amount of which is determined by the governing body of the city
   1-56  and may not be diminished during the judge's term of office.  The
   1-57  salary may not be based directly or indirectly on fines, fees, or
   1-58  costs collected by the court.
   1-59        (g)  A municipal judge may be removed from office by the
   1-60  governing body of the city at any time for incompetency,
   1-61  misconduct, malfeasance, or disability.
   1-62        (h)  A municipal judge shall take judicial notice of the city
   1-63  ordinances and the corporate limits of the city in a case tried
   1-64  before a municipal court of record.  A municipal judge may grant
   1-65  writs of mandamus, injunction, attachment, and other writs
   1-66  necessary to the enforcement of the jurisdiction of the court and
   1-67  may issue writs of habeas corpus in cases in which the offense
   1-68  charged is within the jurisdiction of the court.
    2-1        (i)  The governing body of the city shall appoint a qualified
    2-2  person to fill a vacancy in the office of municipal judge.
    2-3        (j)  The governing body may appoint one or more qualified
    2-4  persons to be available to serve for a municipal judge who is
    2-5  temporarily absent due to illness, family death, continuing legal
    2-6  or judicial education programs, or any other reason.  The chief
    2-7  judge, or the municipal judge if there is no chief judge, shall
    2-8  select one of the persons appointed by the governing body to serve
    2-9  during an absence.  An alternate judge, while serving, has all the
   2-10  powers and shall discharge all the duties of a municipal judge.  An
   2-11  alternate judge must have the same qualifications as a municipal
   2-12  judge.
   2-13        Sec. 30.885.  CLERK; OTHER PERSONNEL.  The city manager of
   2-14  the city shall appoint a clerk of the municipal court of record who
   2-15  may hire, direct, and remove the personnel authorized in the city's
   2-16  annual budget for the clerk's office.  The clerk or the clerk's
   2-17  deputies shall keep the records of the municipal courts of record,
   2-18  issue process, and generally perform the duties for the courts that
   2-19  a clerk of the county court exercising criminal jurisdiction is
   2-20  required by law to perform for that court.   The clerk shall
   2-21  perform the duties in accordance with statutes, the city charter,
   2-22  and city ordinances.
   2-23        Sec. 30.886.  COURT REPORTER.  (a)  The city shall provide a
   2-24  court reporter for the purpose of preserving a record in cases
   2-25  tried before the municipal court of record.  The clerk of the court
   2-26  shall appoint the court reporter, who must meet the qualifications
   2-27  provided by law for official court reporters.  The reporter shall
   2-28  be compensated by the city in the manner determined by the
   2-29  governing body of the city.
   2-30        (b)  The court reporter may use written notes, transcribing
   2-31  equipment, video or audio recording equipment, or a combination of
   2-32  those methods to record the proceedings of the court.  The court
   2-33  reporter shall keep the record for the 20-day period beginning the
   2-34  date after the last day of the court proceeding, trial, or denial
   2-35  of motion for new trial, whichever occurs last.
   2-36        (c)  The court reporter is not required to record testimony
   2-37  in a case unless the judge or one of the parties requests a record.
   2-38  A party's request for a record must be in writing and filed with
   2-39  the court before trial.
   2-40        (d)  The governing body may provide that, in lieu of
   2-41  providing a court reporter at trial, proceedings in a municipal
   2-42  court of record may be recorded by a good quality electronic
   2-43  recording device.  If the governing body authorizes the electronic
   2-44  recording, the court reporter need not be present at trial to
   2-45  certify the statement of facts.  The recording shall be kept and
   2-46  stored for the 20-day period beginning the day after the last day
   2-47  of the proceeding, trial, or denial of motion for new trial,
   2-48  whichever occurs last.  The proceedings that are appealed shall be
   2-49  transcribed from the recording by an official court reporter.
   2-50        (e)  The court reporter shall certify the official record.
   2-51        Sec. 30.887.  PROSECUTIONS BY CITY ATTORNEY.  All
   2-52  prosecutions in the municipal court of record must be conducted by
   2-53  the city attorney or an assistant or deputy city attorney.
   2-54        Sec. 30.888.  JURY.  (a)  A person who is brought before a
   2-55  municipal court of record and who is charged with an offense is
   2-56  entitled to be tried by a jury of six persons unless that right is
   2-57  waived according to law.  The jury shall decide all questions of
   2-58  fact or credibility of witnesses.  The court shall determine all
   2-59  matters of law and shall charge the jury on the law.
   2-60        (b)  A juror who serves in the municipal courts of record
   2-61  must meet the qualifications provided by Chapter 62.
   2-62        Sec. 30.889.  APPEAL.  (a)  A defendant has the right of
   2-63  appeal from a judgment or conviction in a municipal court of record
   2-64  as provided in this subchapter.  The county criminal courts of
   2-65  Tarrant County have jurisdiction over an appeal.  The state has no
   2-66  right to an appeal or to a new trial.
   2-67        (b)  The appellate court shall determine each appeal from a
   2-68  municipal court of record conviction on the basis of the errors
   2-69  that are set forth in the defendant's motion for new trial and that
   2-70  are presented in the transcript and statement of facts prepared
    3-1  from the proceedings leading to the conviction.  An appeal from the
    3-2  municipal court of record may not be by trial de novo.
    3-3        (c)  To perfect an appeal, the defendant must file with the
    3-4  municipal court clerk a written motion for new trial not later than
    3-5  the 10th day after the date on which judgment is rendered.  The
    3-6  motion must set forth the points of error of which the defendant
    3-7  complains.  The motion or an amended motion may be amended by leave
    3-8  of court at any time before action on the motion is taken, but not
    3-9  later than the 20th day after the date on which the original or
   3-10  amended motion is filed.  The court may for good cause extend the
   3-11  time for filing or amending but the extension may not exceed 90
   3-12  days from the original filing deadline.  If the court does not act
   3-13  on the motion before the expiration of the 30 days allowed for
   3-14  determination of the motion, the original or amended motion is
   3-15  overruled by operation of law.
   3-16        (d)  To perfect an appeal, the defendant must also give
   3-17  notice of the  appeal.  If the defendant requests a hearing on the
   3-18  motion for new trial, the defendant may give the notice of appeal
   3-19  orally in open court on the overruling of the motion.  If there is
   3-20  no hearing, the defendant must give written notice of appeal and
   3-21  must file the notice with the court not later than the 10th day
   3-22  after the date on which the motion is overruled.  The court may for
   3-23  good cause extend that time period, but the extension may not
   3-24  exceed 90 days from the original filing deadline.
   3-25        Sec. 30.890.  APPEAL BOND.  (a)  If the defendant is not in
   3-26  custody, the defendant may not take an appeal until the defendant
   3-27  files an appeal bond with the municipal court of record.  The bond
   3-28  must be approved by the court and must be filed not later than the
   3-29  10th day after the date on which the motion for new trial is
   3-30  overruled.  If the defendant is in custody, the defendant shall be
   3-31  committed to jail unless the defendant posts the appeal bond.
   3-32        (b)  The appeal bond must be in the amount of $50 or double
   3-33  the amount of the fine and costs adjudged against the defendant,
   3-34  whichever is greater.  The bond must state that the defendant was
   3-35  convicted in the case and has appealed, must be payable to the
   3-36  state for the use and benefit of the city, and must be conditioned
   3-37  on the defendant's appearance in the court to which the appeal is
   3-38  taken.
   3-39        Sec. 30.891.  RECORD ON APPEAL.  The record on appeal
   3-40  consists of a transcript and, if necessary to the appeal, a
   3-41  statement of facts.  The court reporter shall prepare the record
   3-42  from the reporter's record or mechanical or videotape recordings of
   3-43  the proceedings.  The defendant shall pay for the cost of the
   3-44  transcription.  If the court finds that the defendant is unable to
   3-45  pay or give security for the record on appeal after a hearing in
   3-46  response to an affidavit by the defendant, the court shall order
   3-47  the reporter to prepare the record without charge to the defendant.
   3-48  If the case is reversed on appeal, the court shall promptly refund
   3-49  the cost to the defendant.
   3-50        Sec. 30.892.  TRANSCRIPT.  (a)  On the written request of the
   3-51  defendant or the defendant's attorney, the municipal court clerk
   3-52  shall prepare under the clerk's hand and seal a transcript of the
   3-53  municipal court of record proceedings.  The transcript must include
   3-54  copies of:
   3-55              (1)  the complaint;
   3-56              (2)  material docket entries made by the court;
   3-57              (3)  the jury charge and verdict in a jury trial;
   3-58              (4)  the judgment;
   3-59              (5)  the motion for new trial;
   3-60              (6)  the notice of appeal;
   3-61              (7)  written motions and pleas;
   3-62              (8)  written orders of the court;
   3-63              (9)  any bills of exception filed with the court;
   3-64              (10)  the appeal bond; and
   3-65              (11)  exhibits admitted into evidence.
   3-66        (b)  The clerk may include in the transcript additional
   3-67  portions of the proceedings in the court prepared from mechanical
   3-68  or videotape recordings.
   3-69        Sec. 30.893.  BILLS OF EXCEPTION.  Either party may include
   3-70  bills of exception in the transcript subject to the applicable
    4-1  provisions of the Code of Criminal Procedure.  The bills of
    4-2  exception must be filed with the municipal court clerk not later
    4-3  than the 60th day after the date on which the notice of appeal is
    4-4  given or filed.
    4-5        Sec. 30.894.  STATEMENTS OF FACTS.  A statement of facts
    4-6  included in the record on appeal must contain:
    4-7              (1)  a transcript of all or part of the municipal court
    4-8  of record proceedings that are shown by the notes of the court
    4-9  reporter to have occurred before, during, or after the trial, if
   4-10  the transcript is requested by the defendant;
   4-11              (2)  a brief statement of the facts of the case proven
   4-12  at trial as agreed to by the defendant and the prosecuting
   4-13  attorney;
   4-14              (3)  a partial transcript and the agreed statement of
   4-15  the facts of the case; or
   4-16              (4)  a transcript of all or part of the municipal court
   4-17  of record proceedings in the case that is prepared from mechanical
   4-18  or videotape recordings of the proceedings.
   4-19        Sec. 30.895.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
   4-20  (a)  Not later than the 60th day after the date on which the notice
   4-21  of appeal is given or filed, the parties must file with the
   4-22  municipal court clerk:
   4-23              (1)  the statement of facts;
   4-24              (2)  a written description of material to be included
   4-25  in the transcript in addition to the required material; and
   4-26              (3)  any material to be included in the transcript that
   4-27  is not in the custody of the clerk.
   4-28        (b)  On completion of the record, the municipal judge shall
   4-29  approve the record in the manner provided for record completion,
   4-30  approval, and notification in the court of appeals.
   4-31        (c)  After the court approves the record, the clerk shall
   4-32  promptly send it to the appellate court clerk for filing.  The
   4-33  appellate court clerk shall notify the defendant and the
   4-34  prosecuting attorney that the record has been filed.
   4-35        Sec. 30.896.  BRIEF ON APPEAL.  (a)  A defendant's brief on
   4-36  appeal from a municipal court of record must present points of
   4-37  error in the manner required by law for a brief on appeal to the
   4-38  court of appeals.
   4-39        (b)  The defendant must file the brief with the appellate
   4-40  court clerk not later than the 15th day after the date on which the
   4-41  transcript and statement of facts are filed with that clerk.  The
   4-42  defendant or the defendant's attorney must certify that the brief
   4-43  has been properly mailed to the prosecuting attorney.
   4-44        (c)  The prosecuting attorney must file the appellee's brief
   4-45  with the appellate court clerk not later than the 15th day after
   4-46  the date on which the defendant's brief is filed.
   4-47        (d)  On filing, each party shall deliver a copy of the brief
   4-48  to the opposing party and to the municipal judge.
   4-49        Sec. 30.897.  COURT RULES.  (a)  Except as modified by this
   4-50  subchapter, the Code of Criminal Procedure governs the trial of
   4-51  cases before the municipal court of record.  The court may make and
   4-52  enforce all rules of practice and procedure necessary to expedite
   4-53  the trial of cases before the court that are not inconsistent with
   4-54  general law.
   4-55        (b)  The appellate courts may make and enforce all rules of
   4-56  practice and procedure that are not inconsistent with general law
   4-57  and that are necessary to expedite the dispatch of appeals from the
   4-58  municipal court of record.
   4-59        Sec. 30.898.  DISPOSITION ON APPEAL.  (a)  According to law
   4-60  and the nature of the case, the appellate court may:
   4-61              (1)  affirm the judgment of the municipal court of
   4-62  record;
   4-63              (2)  reverse and remand for a new trial;
   4-64              (3)  reverse and dismiss the case; or
   4-65              (4)  reform and correct the judgment.
   4-66        (b)  Unless the matter was made an issue in the trial court
   4-67  or it affirmatively appears to the contrary from the transcript or
   4-68  the statement of facts, the appellate court shall presume that:
   4-69              (1)  venue was proven in the trial court;
   4-70              (2)  the jury, if any, was properly impaneled and
    5-1  sworn;
    5-2              (3)  the defendant was arraigned and pleaded to the
    5-3  complaint; and
    5-4              (4)  the municipal judge certified the charge before it
    5-5  was read to the jury.
    5-6        (c)  In each case decided by the appellate court, the court
    5-7  shall deliver a written opinion or order either sustaining or
    5-8  overruling each assignment of error presented.  The court shall set
    5-9  forth the reasons  for its decision.  The appellate court clerk
   5-10  shall mail copies of the decision to the parties and to the
   5-11  municipal judge as soon as the decision is rendered.
   5-12        Sec. 30.899.  CERTIFICATE OF APPELLATE PROCEEDINGS.  When the
   5-13  judgment of the appellate court becomes final, the clerk of that
   5-14  court shall certify the proceedings and the judgment and shall mail
   5-15  the certificate to the municipal court.  The court clerk shall file
   5-16  the certificate with the papers in the case and note the
   5-17  certificate on the case docket.  If the municipal court of record
   5-18  judgment is affirmed, further action to enforce the judgment is not
   5-19  necessary except to:
   5-20              (1)  forfeit the bond of the defendant;
   5-21              (2)  issue a writ of capias for the defendant; or
   5-22              (3)  issue an execution against the defendant's
   5-23  property.
   5-24        Sec. 30.900.  EFFECT OF ORDER OF NEW TRIAL.  If the appellate
   5-25  court awards a new trial to the defendant, the case stands as if a
   5-26  new trial had been granted by the municipal court of record.
   5-27        Sec. 30.901.  APPEAL TO COURT OF APPEALS.  The defendant has
   5-28  the right to appeal to the court of appeals if the fine assessed
   5-29  against the defendant exceeds $100 and if the judgment is affirmed
   5-30  by the appellate court.  The provisions of the Code of Criminal
   5-31  Procedure relating to direct appeals from a county or a district
   5-32  court to the court of appeals apply to the appeal, except that:
   5-33              (1)  the record and briefs on appeal in the appellate
   5-34  court constitute the record and briefs on appeal to the court of
   5-35  appeals unless the rules of the court of criminal appeals provide
   5-36  otherwise; and
   5-37              (2)  the record and briefs shall be filed directly with
   5-38  the court of appeals.
   5-39        SECTION 2.  The importance of this legislation and the
   5-40  crowded condition of the calendars in both houses create an
   5-41  emergency and an imperative public necessity that the
   5-42  constitutional rule requiring bills to be read on three several
   5-43  days in each house be suspended, and this rule is hereby suspended,
   5-44  and that this Act take effect and be in force from and after its
   5-45  passage, and it is so enacted.
   5-46                               * * * * *