H.B. No. 3222
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.