By Dear H.B. No. 3222 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of municipal courts of record in River 1-3 Oaks. 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 HH to read as follows: 1-7 SUBCHAPTER HH. RIVER OAKS 1-8 Sec. 30.2481. APPLICATION. This subchapter applies to the 1-9 City of River Oaks. 1-10 Sec. 30.2482. 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 of Record 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. 30.2483. APPLICATION OF OTHER LAWS. The general law 2-1 regarding municipal courts, the general law regarding justice 2-2 courts on matters not covered by the law regarding municipal 2-3 courts, and any charter provision or ordinance of the city relating 2-4 to the municipal court apply to a municipal court of record unless 2-5 the law, charter provision, or ordinance is in conflict or 2-6 inconsistent with this subchapter. 2-7 Sec. 30.2484. JUDGE. (a) A municipal court of record is 2-8 presided over by a municipal judge. 2-9 (b) If there is more than one municipal judge in the city, 2-10 the governing body of the city shall appoint one of the judges to 2-11 be the chief judge. 2-12 (c) A municipal judge, including the chief judge, is 2-13 appointed by the governing body of the city for a term of two 2-14 years. 2-15 (d) A municipal judge must be a licensed attorney in good 2-16 standing in this state and must have two or more years of 2-17 experience in the practice of law in this state. The judge must be 2-18 a citizen of the United States and of this state. The judge shall 2-19 devote as much time to the office as it requires. 2-20 (e) If there is more than one municipal court of record in 2-21 the city, the judges may exchange benches and may sit and act for 2-22 each other in any proceeding pending in the courts. An act 2-23 performed by any of the judges is binding on all parties to the 2-24 proceeding. 2-25 (f) A municipal judge is entitled to a salary from the city, 3-1 the amount of which is determined by the governing body of the city 3-2 and may not be diminished during the judge's term of office. The 3-3 salary may not be based directly or indirectly on fines, fees, or 3-4 costs collected by the court. 3-5 (g) A municipal judge may be removed from office by the 3-6 governing body of the city at any time for incompetency, 3-7 misconduct, malfeasance, or disability. 3-8 (h) A municipal judge shall take judicial notice of the city 3-9 ordinances and the corporate limits of the city in a case tried 3-10 before a municipal court of record. A municipal judge may grant 3-11 writs of mandamus, injunction, and attachment and other writs 3-12 necessary to the enforcement of the jurisdiction of the court and 3-13 may issue writs of habeas corpus in cases in which the offense 3-14 charged is within the jurisdiction of the court. A municipal judge 3-15 may issue administrative search warrants. 3-16 (i) The governing body of the city shall appoint a qualified 3-17 person to fill a vacancy in the office of municipal judge for the 3-18 remainder of the unexpired term. 3-19 (j) The governing body may appoint one or more qualified 3-20 persons to be available to serve for a municipal judge who is 3-21 temporarily absent due to illness, family death, continuing legal 3-22 or judicial education programs, or any other reason. The chief 3-23 judge, or the municipal judge if there is no chief judge, shall 3-24 select one of the persons appointed by the governing body to serve 3-25 during an absence. An alternate judge, while serving, has all the 4-1 powers and shall discharge all the duties of a municipal judge. An 4-2 alternate judge must have the same qualifications as a municipal 4-3 judge. 4-4 Sec. 30.2485. MAGISTRATES. (a) The governing body may 4-5 appoint one or more magistrates in addition to magistrates provided 4-6 under Article 2.09, Code of Criminal Procedure. 4-7 (b) A magistrate does not have to possess all the 4-8 qualifications necessary to be a municipal court of record judge. 4-9 (c) A magistrate may not preside over the court or hear 4-10 contested cases. 4-11 (d) A magistrate may: 4-12 (1) conduct an arraignment; 4-13 (2) hold an indigency hearing; 4-14 (3) accept a plea; 4-15 (4) sign a judgment; 4-16 (5) set the amount of a bond; and 4-17 (6) perform other functions under Article 15.17, Code 4-18 of Criminal Procedure. 4-19 Sec. 30.2486. CLERK; OTHER PERSONNEL. The city 4-20 administrator of the city shall appoint a clerk of the municipal 4-21 court of record who may hire, direct, and remove the personnel 4-22 authorized in the city's annual budget for the clerk's office. The 4-23 clerk or the clerk's deputies shall keep the records of the 4-24 municipal courts of record, issue process, and generally perform 4-25 the duties for the courts that a clerk of the county court 5-1 exercising criminal jurisdiction is required by law to perform for 5-2 that court. The clerk shall perform the duties in accordance with 5-3 statutes, the city charter, and city ordinances. 5-4 Sec. 30.2487. COURT REPORTER. (a) The city shall provide a 5-5 court reporter for the purpose of preserving a record in cases 5-6 tried before the municipal court of record. The clerk of the court 5-7 shall appoint the court reporter, who must meet the qualifications 5-8 provided by law for official court reporters. The reporter shall 5-9 be compensated by the city in the manner determined by the 5-10 governing body of the city. 5-11 (b) The court reporter may use written notes, transcribing 5-12 equipment, video or audio recording equipment, or a combination of 5-13 those methods to record the proceedings of the court. A record 5-14 shall be kept for the 20-day period beginning the day after the 5-15 last day of the court proceeding, trial, or denial of motion for 5-16 new trial, whichever occurs last. 5-17 (c) The court reporter is not required to record testimony 5-18 in a case unless the judge or one of the parties requests a record. 5-19 A party's request for a record must be in writing and be filed with 5-20 the court before trial. 5-21 (d) The governing body may provide that, in lieu of 5-22 providing a court reporter at trial, proceedings in a municipal 5-23 court of record may be recorded by a good quality electronic 5-24 recording device. If the governing body authorizes the electronic 5-25 recording, the court reporter need not be present at trial to 6-1 certify the statement of facts. The recording shall be kept and 6-2 stored for the 20-day period beginning the day after the last day 6-3 of the proceeding, trial, or denial of motion for new trial, 6-4 whichever occurs last. The proceedings that are appealed shall be 6-5 transcribed from the recording by an official court reporter. 6-6 Sec. 30.2488. PROSECUTIONS BY CITY ATTORNEY. All 6-7 prosecutions in the municipal court of record must be conducted by 6-8 the city attorney or an assistant or deputy city attorney. 6-9 Sec. 30.2489. JURY. (a) A person who is brought before a 6-10 municipal court of record and who is charged with an offense is 6-11 entitled to be tried by a jury of six persons unless that right is 6-12 waived according to law. The jury shall decide all questions of 6-13 fact or credibility of witnesses. The court shall determine all 6-14 matters of law and shall charge the jury on the law. 6-15 (b) A juror who serves in the municipal courts of record 6-16 must meet the qualifications provided by Chapter 62. 6-17 Sec. 30.2490. APPEAL. (a) A defendant has the right of 6-18 appeal from a judgment or conviction in a municipal court of record 6-19 as provided in this subchapter. The county criminal courts of 6-20 Tarrant County have jurisdiction over an appeal. The state has no 6-21 right to an appeal or to a new trial. 6-22 (b) The appellate court shall determine each appeal from a 6-23 municipal court of record conviction on the basis of the errors 6-24 that are set forth in the defendant's motion for new trial and that 6-25 are presented in the transcript and statement of facts prepared 7-1 from the proceedings leading to the conviction. An appeal from the 7-2 municipal court of record may not be by trial de novo. 7-3 (c) To perfect an appeal, the defendant must file with the 7-4 municipal court clerk a written motion for new trial not later than 7-5 the 10th day after the date on which judgment is rendered. The 7-6 motion must set forth the points of error of which the defendant 7-7 complains. The motion or an amended motion may be amended by leave 7-8 of court at any time before action on the motion is taken, but not 7-9 later than the 20th day after the date on which the original or 7-10 amended motion is filed. The court may for good cause extend the 7-11 time for filing or amending, but the extension may not exceed 90 7-12 days from the original filing deadline. If the court does not act 7-13 on the motion before the expiration of the 30 days allowed for 7-14 determination of the motion, the original or amended motion is 7-15 overruled by operation of law. 7-16 (d) To perfect an appeal, the defendant must also give 7-17 notice of the appeal. If the defendant requests a hearing on the 7-18 motion for new trial, the defendant may give the notice of appeal 7-19 orally in open court on the overruling of the motion. If there is 7-20 no hearing, the defendant must give written notice of appeal and 7-21 must file the notice with the court not later than the 10th day 7-22 after the date on which the motion is overruled. The court may for 7-23 good cause extend that time period, but the extension may not 7-24 exceed 90 days from the original filing deadline. 7-25 Sec. 30.2491. APPEAL BOND. (a) If the defendant is not in 8-1 custody, the defendant may not take an appeal until the defendant 8-2 files an appeal bond with the municipal court of record. The bond 8-3 must be approved by the court and must be filed not later than the 8-4 10th day after the date on which the motion for new trial is 8-5 overruled. If the defendant is in custody, the defendant shall be 8-6 committed to jail unless the defendant posts the appeal bond. 8-7 (b) The appeal bond must be in the amount of $50 or double 8-8 the amount of the fine and costs adjudged against the defendant, 8-9 whichever is greater. The bond must state that the defendant was 8-10 convicted in the case and has appealed, must be payable to the 8-11 state for the use and benefit of the city, and must be conditioned 8-12 on the defendant's appearance in the court to which the appeal is 8-13 taken. 8-14 Sec. 30.2492. RECORD ON APPEAL. The record on appeal 8-15 consists of a transcript and, if necessary to the appeal, a 8-16 statement of facts. The court reporter shall prepare the record 8-17 from the reporter's record or mechanical or videotape recordings of 8-18 the proceedings. The defendant shall pay for the cost of the 8-19 transcription. If the court finds that the defendant is unable to 8-20 pay or give security for the record on appeal after a hearing in 8-21 response to an affidavit by the defendant, the court shall order 8-22 the reporter to prepare the record without charge to the defendant. 8-23 If the case is reversed on appeal, the court shall promptly refund 8-24 the cost to the defendant. 8-25 Sec. 30.2493. TRANSCRIPT. (a) On the written request of 9-1 the defendant or the defendant's attorney, the municipal court 9-2 clerk shall prepare under the clerk's hand and seal a transcript of 9-3 the municipal court of record proceedings. The transcript must 9-4 include copies of: 9-5 (1) the complaint; 9-6 (2) material docket entries made by the court; 9-7 (3) the jury charge and verdict in a jury trial; 9-8 (4) the judgment; 9-9 (5) the motion for new trial; 9-10 (6) the notice of appeal; 9-11 (7) written motions and pleas; 9-12 (8) written orders of the court; 9-13 (9) any bills of exception filed with the court; 9-14 (10) the appeal bond; and 9-15 (11) exhibits admitted into evidence. 9-16 (b) The clerk may include in the transcript additional 9-17 portions of the proceedings in the court prepared from mechanical 9-18 or videotape recordings. 9-19 Sec. 30.2494. BILLS OF EXCEPTION. Either party may include 9-20 bills of exception in the transcript subject to the applicable 9-21 provisions of the Code of Criminal Procedure. The bills of 9-22 exception must be filed with the municipal court clerk not later 9-23 than the 60th day after the date on which the notice of appeal is 9-24 given or filed. 9-25 Sec. 30.2495. STATEMENTS OF FACTS. A statement of facts 10-1 included in the record on appeal must contain: 10-2 (1) a transcript of all or part of the municipal court 10-3 of record proceedings that are shown by the notes of the court 10-4 reporter to have occurred before, during, or after the trial, if 10-5 the transcript is requested by the defendant; 10-6 (2) a brief statement of the facts of the case proven 10-7 at trial as agreed to by the defendant and the prosecuting 10-8 attorney; 10-9 (3) a partial transcript and the agreed statement of 10-10 the facts of the case; or 10-11 (4) a transcript of all or part of the municipal court 10-12 of record proceedings in the case that is prepared from mechanical 10-13 or videotape recordings of the proceedings. 10-14 Sec. 30.2496. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. 10-15 (a) Not later than the 60th day after the date on which the notice 10-16 of appeal is given or filed, the parties must file with the 10-17 municipal court clerk: 10-18 (1) the statement of facts; 10-19 (2) a written description of material to be included 10-20 in the transcript in addition to the required material; and 10-21 (3) any material to be included in the transcript that 10-22 is not in the custody of the clerk. 10-23 (b) On completion of the record, the municipal judge shall 10-24 approve the record in the manner provided for record completion, 10-25 approval, and notification in the court of appeals. 11-1 (c) After the court approves the record, the clerk shall 11-2 promptly send it to the appellate court clerk for filing. The 11-3 appellate court clerk shall notify the defendant and the 11-4 prosecuting attorney that the record has been filed. 11-5 Sec. 30.2497. BRIEF ON APPEAL. (a) A defendant's brief on 11-6 appeal from a municipal court of record must present points of 11-7 error in the manner required by law for a brief on appeal to the 11-8 court of appeals. 11-9 (b) The defendant must file the brief with the appellate 11-10 court clerk not later than the 15th day after the date on which the 11-11 transcript and statement of facts are filed with that clerk. The 11-12 defendant or the defendant's attorney must certify that the brief 11-13 has been properly mailed to the prosecuting attorney. 11-14 (c) The prosecuting attorney must file the appellee's brief 11-15 with the appellate court clerk not later than the 15th day after 11-16 the date on which the defendant's brief is filed. 11-17 (d) On filing, each party shall deliver a copy of the brief 11-18 to the opposing party and to the municipal judge. 11-19 Sec. 30.2498. COURT RULES. (a) Except as modified by this 11-20 subchapter, the Code of Criminal Procedure governs the trial of 11-21 cases before the municipal court of record. The court may make and 11-22 enforce all rules of practice and procedure necessary to expedite 11-23 the trial of cases before the court that are not inconsistent with 11-24 general law. 11-25 (b) A bond must be payable to the state for the use and 12-1 benefit of the city. 12-2 (c) A peace officer may serve a process issued by a 12-3 municipal court of record. 12-4 (d) The appellate courts may make and enforce all rules of 12-5 practice and procedure that are not inconsistent with general law 12-6 and that are necessary to expedite the dispatch of appeals from the 12-7 municipal court of record. 12-8 Sec. 30.2499. DISPOSITION ON APPEAL. (a) According to law 12-9 and the nature of the case, the appellate court may: 12-10 (1) affirm the judgment of the municipal court of 12-11 record; 12-12 (2) reverse and remand for a new trial; 12-13 (3) reverse and dismiss the case; or 12-14 (4) reform and correct the judgment. 12-15 (b) Unless the matter was made an issue in the trial court 12-16 or it affirmatively appears to the contrary from the transcript or 12-17 the statement of facts, the appellate court shall presume that: 12-18 (1) venue was proven in the trial court; 12-19 (2) the jury, if any, was properly impaneled and 12-20 sworn; 12-21 (3) the defendant was arraigned and pleaded to the 12-22 complaint; and 12-23 (4) the municipal judge certified the charge before it 12-24 was read to the jury. 12-25 (c) In each case decided by the appellate court, the court 13-1 shall deliver a written opinion or order either sustaining or 13-2 overruling each assignment of error presented. The court shall set 13-3 forth the reasons for its decision. The appellate court clerk 13-4 shall mail copies of the decision to the parties and to the 13-5 municipal judge as soon as the decision is rendered. 13-6 Sec. 30.2500. CERTIFICATE OF APPELLATE PROCEEDINGS. When 13-7 the judgment of the appellate court becomes final, the clerk of 13-8 that court shall certify the proceedings and the judgment and shall 13-9 mail the certificate to the municipal court. The court clerk shall 13-10 file the certificate with the papers in the case and note the 13-11 certificate on the case docket. If the municipal court of record 13-12 judgment is affirmed, further action to enforce the judgment is not 13-13 necessary except to: 13-14 (1) forfeit the bond of the defendant; 13-15 (2) issue a writ of capias for the defendant; or 13-16 (3) issue an execution against the defendant's 13-17 property. 13-18 Sec. 30.2501. EFFECT OF ORDER OF NEW TRIAL. If the 13-19 appellate court awards a new trial to the defendant, the case 13-20 stands as if a new trial had been granted by the municipal court of 13-21 record. 13-22 Sec. 30.2502. APPEAL TO COURT OF APPEALS. The defendant has 13-23 the right to appeal to the court of appeals if the fine assessed 13-24 against the defendant exceeds $100 and if the judgment is affirmed 13-25 by the appellate court. The provisions of the Code of Criminal 14-1 Procedure relating to direct appeals from a county or a district 14-2 court to the court of appeals apply to the appeal, except that: 14-3 (1) the record and briefs on appeal in the appellate 14-4 court constitute the record and briefs on appeal to the court of 14-5 appeals unless the rules of the court of criminal appeals provide 14-6 otherwise; and 14-7 (2) the record and briefs shall be filed directly with 14-8 the court of appeals. 14-9 Sec. 30.2503. JOINT COURTS: CREATION. (a) The governing 14-10 body of the city may contract with one or more municipalities that 14-11 have municipal courts of record to establish a joint municipal 14-12 court of record to serve the contracting municipalities. 14-13 (b) A joint municipal court of record created under this 14-14 section replaces each municipality's individual municipal court of 14-15 record. 14-16 Sec. 30.2504. JOINT COURT: JUDGES. (a) Notwithstanding 14-17 any other law, a joint municipal court of record created under 14-18 Section 30.2503 is presided over by a municipal judge or alternate 14-19 municipal judge who is appointed by the governing bodies of the 14-20 contracting municipalities for a two-year term. 14-21 (b) The judge of a joint municipal court of record may be 14-22 removed from office by the governing bodies of the contracting 14-23 municipalities at any time for incompetency, misconduct, 14-24 malfeasance, or inability to perform the tasks of the office. 14-25 Sec. 30.2505. JOINT COURTS: JURISDICTION. (a) The 15-1 jurisdiction of a joint municipal court of record created under 15-2 Section 30.2503 is the combined jurisdiction of the municipal 15-3 courts of the contracting municipalities. 15-4 (b) An appeal from a joint municipal court of record created 15-5 under Section 30.2503 is to the county criminal court of the county 15-6 in which the offense occurred. If that county does not have a 15-7 county criminal court, appeal is to the county court of law of the 15-8 county. 15-9 Sec. 30.2506. JOINT COURT: PROSECUTING ATTORNEY. A 15-10 municipality that contracts under Section 30.2503 may provide its 15-11 own prosecuting attorney or the contracting municipalities may 15-12 agree on the selection of one or more prosecuting attorneys. 15-13 Sec. 30.2507. JOINT COURT: APPLICABLE LAW. (a) The 15-14 municipalities by contract shall select one of the contracting 15-15 municipality's enabling statutes as the source of applicable 15-16 procedural requirements for the operation of the joint municipal 15-17 court of record established under Section 30.2503. 15-18 (b) All of the provisions of the statute selected under 15-19 Subsection (a) apply to the operation of the joint municipal court 15-20 of record. If there is a conflict with any of the provisions in 15-21 Sections 30.2503-30.2506, those sections control. 15-22 (c) Any matter that is not governed by the contracting 15-23 municipalities' enabling legislation or other law shall be resolved 15-24 by the contract entered into under Section 30.2503. 15-25 SECTION 2. The importance of this legislation and the 16-1 crowded condition of the calendars in both houses create an 16-2 emergency and an imperative public necessity that the 16-3 constitutional rule requiring bills to be read on three several 16-4 days in each house be suspended, and this rule is hereby suspended, 16-5 and that this Act take effect and be in force from and after its 16-6 passage, and it is so enacted.