1-1 By: Dear (Senate Sponsor - Moncrief) H.B. No. 3222
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 24, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 24, 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 River
1-9 Oaks.
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 HH to read as follows:
1-13 SUBCHAPTER HH. RIVER OAKS
1-14 Sec. 30.2481. APPLICATION. This subchapter applies to the
1-15 City of River Oaks.
1-16 Sec. 30.2482. 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. 30.2483. 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. 30.2484. 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, and 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. A municipal judge
2-1 may issue administrative search warrants.
2-2 (i) The governing body of the city shall appoint a qualified
2-3 person to fill a vacancy in the office of municipal judge for the
2-4 remainder of the unexpired term.
2-5 (j) The governing body may appoint one or more qualified
2-6 persons to be available to serve for a municipal judge who is
2-7 temporarily absent due to illness, family death, continuing legal
2-8 or judicial education programs, or any other reason. The chief
2-9 judge, or the municipal judge if there is no chief judge, shall
2-10 select one of the persons appointed by the governing body to serve
2-11 during an absence. An alternate judge, while serving, has all the
2-12 powers and shall discharge all the duties of a municipal judge. An
2-13 alternate judge must have the same qualifications as a municipal
2-14 judge.
2-15 Sec. 30.2485. MAGISTRATES. (a) The governing body may
2-16 appoint one or more magistrates in addition to magistrates provided
2-17 under Article 2.09, Code of Criminal Procedure.
2-18 (b) A magistrate does not have to possess all the
2-19 qualifications necessary to be a municipal court of record judge.
2-20 (c) A magistrate may not preside over the court or hear
2-21 contested cases.
2-22 (d) A magistrate may:
2-23 (1) conduct an arraignment;
2-24 (2) hold an indigency hearing;
2-25 (3) accept a plea;
2-26 (4) sign a judgment;
2-27 (5) set the amount of a bond; and
2-28 (6) perform other functions under Article 15.17, Code
2-29 of Criminal Procedure.
2-30 Sec. 30.2486. CLERK; OTHER PERSONNEL. The city
2-31 administrator of the city shall appoint a clerk of the municipal
2-32 court of record who may hire, direct, and remove the personnel
2-33 authorized in the city's annual budget for the clerk's office. The
2-34 clerk or the clerk's deputies shall keep the records of the
2-35 municipal courts of record, issue process, and generally perform
2-36 the duties for the courts that a clerk of the county court
2-37 exercising criminal jurisdiction is required by law to perform for
2-38 that court. The clerk shall perform the duties in accordance with
2-39 statutes, the city charter, and city ordinances.
2-40 Sec. 30.2487. COURT REPORTER. (a) The city shall provide a
2-41 court reporter for the purpose of preserving a record in cases
2-42 tried before the municipal court of record. The clerk of the court
2-43 shall appoint the court reporter, who must meet the qualifications
2-44 provided by law for official court reporters. The reporter shall
2-45 be compensated by the city in the manner determined by the
2-46 governing body of the city.
2-47 (b) The court reporter may use written notes, transcribing
2-48 equipment, video or audio recording equipment, or a combination of
2-49 those methods to record the proceedings of the court. A record
2-50 shall be kept for the 20-day period beginning the day after the
2-51 last day of the court proceeding, trial, or denial of motion for
2-52 new trial, whichever occurs last.
2-53 (c) The court reporter is not required to record testimony
2-54 in a case unless the judge or one of the parties requests a record.
2-55 A party's request for a record must be in writing and be filed with
2-56 the court before trial.
2-57 (d) The governing body may provide that, in lieu of
2-58 providing a court reporter at trial, proceedings in a municipal
2-59 court of record may be recorded by a good quality electronic
2-60 recording device. If the governing body authorizes the electronic
2-61 recording, the court reporter need not be present at trial to
2-62 certify the statement of facts. The recording shall be kept and
2-63 stored for the 20-day period beginning the day after the last day
2-64 of the proceeding, trial, or denial of motion for new trial,
2-65 whichever occurs last. The proceedings that are appealed shall be
2-66 transcribed from the recording by an official court reporter.
2-67 Sec. 30.2488. PROSECUTIONS BY CITY ATTORNEY. All
2-68 prosecutions in the municipal court of record must be conducted by
2-69 the city attorney or an assistant or deputy city attorney.
2-70 Sec. 30.2489. JURY. (a) A person who is brought before a
3-1 municipal court of record and who is charged with an offense is
3-2 entitled to be tried by a jury of six persons unless that right is
3-3 waived according to law. The jury shall decide all questions of
3-4 fact or credibility of witnesses. The court shall determine all
3-5 matters of law and shall charge the jury on the law.
3-6 (b) A juror who serves in the municipal courts of record
3-7 must meet the qualifications provided by Chapter 62.
3-8 Sec. 30.2490. APPEAL. (a) A defendant has the right of
3-9 appeal from a judgment or conviction in a municipal court of record
3-10 as provided in this subchapter. The county criminal courts of
3-11 Tarrant County have jurisdiction over an appeal. The state has no
3-12 right to an appeal or to a new trial.
3-13 (b) The appellate court shall determine each appeal from a
3-14 municipal court of record conviction on the basis of the errors
3-15 that are set forth in the defendant's motion for new trial and that
3-16 are presented in the transcript and statement of facts prepared
3-17 from the proceedings leading to the conviction. An appeal from the
3-18 municipal court of record may not be by trial de novo.
3-19 (c) To perfect an appeal, the defendant must file with the
3-20 municipal court clerk a written motion for new trial not later than
3-21 the 10th day after the date on which judgment is rendered. The
3-22 motion must set forth the points of error of which the defendant
3-23 complains. The motion or an amended motion may be amended by leave
3-24 of court at any time before action on the motion is taken, but not
3-25 later than the 20th day after the date on which the original or
3-26 amended motion is filed. The court may for good cause extend the
3-27 time for filing or amending, but the extension may not exceed 90
3-28 days from the original filing deadline. If the court does not act
3-29 on the motion before the expiration of the 30 days allowed for
3-30 determination of the motion, the original or amended motion is
3-31 overruled by operation of law.
3-32 (d) To perfect an appeal, the defendant must also give
3-33 notice of the appeal. If the defendant requests a hearing on the
3-34 motion for new trial, the defendant may give the notice of appeal
3-35 orally in open court on the overruling of the motion. If there is
3-36 no hearing, the defendant must give written notice of appeal and
3-37 must file the notice with the court not later than the 10th day
3-38 after the date on which the motion is overruled. The court may for
3-39 good cause extend that time period, but the extension may not
3-40 exceed 90 days from the original filing deadline.
3-41 Sec. 30.2491. APPEAL BOND. (a) If the defendant is not in
3-42 custody, the defendant may not take an appeal until the defendant
3-43 files an appeal bond with the municipal court of record. The bond
3-44 must be approved by the court and must be filed not later than the
3-45 10th day after the date on which the motion for new trial is
3-46 overruled. If the defendant is in custody, the defendant shall be
3-47 committed to jail unless the defendant posts the appeal bond.
3-48 (b) The appeal bond must be in the amount of $50 or double
3-49 the amount of the fine and costs adjudged against the defendant,
3-50 whichever is greater. The bond must state that the defendant was
3-51 convicted in the case and has appealed, must be payable to the
3-52 state for the use and benefit of the city, and must be conditioned
3-53 on the defendant's appearance in the court to which the appeal is
3-54 taken.
3-55 Sec. 30.2492. RECORD ON APPEAL. The record on appeal
3-56 consists of a transcript and, if necessary to the appeal, a
3-57 statement of facts. The court reporter shall prepare the record
3-58 from the reporter's record or mechanical or videotape recordings of
3-59 the proceedings. The defendant shall pay for the cost of the
3-60 transcription. If the court finds that the defendant is unable to
3-61 pay or give security for the record on appeal after a hearing in
3-62 response to an affidavit by the defendant, the court shall order
3-63 the reporter to prepare the record without charge to the defendant.
3-64 If the case is reversed on appeal, the court shall promptly refund
3-65 the cost to the defendant.
3-66 Sec. 30.2493. TRANSCRIPT. (a) On the written request of
3-67 the defendant or the defendant's attorney, the municipal court
3-68 clerk shall prepare under the clerk's hand and seal a transcript of
3-69 the municipal court of record proceedings. The transcript must
3-70 include copies of:
4-1 (1) the complaint;
4-2 (2) material docket entries made by the court;
4-3 (3) the jury charge and verdict in a jury trial;
4-4 (4) the judgment;
4-5 (5) the motion for new trial;
4-6 (6) the notice of appeal;
4-7 (7) written motions and pleas;
4-8 (8) written orders of the court;
4-9 (9) any bills of exception filed with the court;
4-10 (10) the appeal bond; and
4-11 (11) exhibits admitted into evidence.
4-12 (b) The clerk may include in the transcript additional
4-13 portions of the proceedings in the court prepared from mechanical
4-14 or videotape recordings.
4-15 Sec. 30.2494. BILLS OF EXCEPTION. Either party may include
4-16 bills of exception in the transcript subject to the applicable
4-17 provisions of the Code of Criminal Procedure. The bills of
4-18 exception must be filed with the municipal court clerk not later
4-19 than the 60th day after the date on which the notice of appeal is
4-20 given or filed.
4-21 Sec. 30.2495. STATEMENTS OF FACTS. A statement of facts
4-22 included in the record on appeal must contain:
4-23 (1) a transcript of all or part of the municipal court
4-24 of record proceedings that are shown by the notes of the court
4-25 reporter to have occurred before, during, or after the trial, if
4-26 the transcript is requested by the defendant;
4-27 (2) a brief statement of the facts of the case proven
4-28 at trial as agreed to by the defendant and the prosecuting
4-29 attorney;
4-30 (3) a partial transcript and the agreed statement of
4-31 the facts of the case; or
4-32 (4) a transcript of all or part of the municipal court
4-33 of record proceedings in the case that is prepared from mechanical
4-34 or videotape recordings of the proceedings.
4-35 Sec. 30.2496. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
4-36 (a) Not later than the 60th day after the date on which the notice
4-37 of appeal is given or filed, the parties must file with the
4-38 municipal court clerk:
4-39 (1) the statement of facts;
4-40 (2) a written description of material to be included
4-41 in the transcript in addition to the required material; and
4-42 (3) any material to be included in the transcript that
4-43 is not in the custody of the clerk.
4-44 (b) On completion of the record, the municipal judge shall
4-45 approve the record in the manner provided for record completion,
4-46 approval, and notification in the court of appeals.
4-47 (c) After the court approves the record, the clerk shall
4-48 promptly send it to the appellate court clerk for filing. The
4-49 appellate court clerk shall notify the defendant and the
4-50 prosecuting attorney that the record has been filed.
4-51 Sec. 30.2497. BRIEF ON APPEAL. (a) A defendant's brief on
4-52 appeal from a municipal court of record must present points of
4-53 error in the manner required by law for a brief on appeal to the
4-54 court of appeals.
4-55 (b) The defendant must file the brief with the appellate
4-56 court clerk not later than the 15th day after the date on which the
4-57 transcript and statement of facts are filed with that clerk. The
4-58 defendant or the defendant's attorney must certify that the brief
4-59 has been properly mailed to the prosecuting attorney.
4-60 (c) The prosecuting attorney must file the appellee's brief
4-61 with the appellate court clerk not later than the 15th day after
4-62 the date on which the defendant's brief is filed.
4-63 (d) On filing, each party shall deliver a copy of the brief
4-64 to the opposing party and to the municipal judge.
4-65 Sec. 30.2498. COURT RULES. (a) Except as modified by this
4-66 subchapter, the Code of Criminal Procedure governs the trial of
4-67 cases before the municipal court of record. The court may make and
4-68 enforce all rules of practice and procedure necessary to expedite
4-69 the trial of cases before the court that are not inconsistent with
4-70 general law.
5-1 (b) A bond must be payable to the state for the use and
5-2 benefit of the city.
5-3 (c) A peace officer may serve a process issued by a
5-4 municipal court of record.
5-5 (d) The appellate courts may make and enforce all rules of
5-6 practice and procedure that are not inconsistent with general law
5-7 and that are necessary to expedite the dispatch of appeals from the
5-8 municipal court of record.
5-9 Sec. 30.2499. DISPOSITION ON APPEAL. (a) According to law
5-10 and the nature of the case, the appellate court may:
5-11 (1) affirm the judgment of the municipal court of
5-12 record;
5-13 (2) reverse and remand for a new trial;
5-14 (3) reverse and dismiss the case; or
5-15 (4) reform and correct the judgment.
5-16 (b) Unless the matter was made an issue in the trial court
5-17 or it affirmatively appears to the contrary from the transcript or
5-18 the statement of facts, the appellate court shall presume that:
5-19 (1) venue was proven in the trial court;
5-20 (2) the jury, if any, was properly impaneled and
5-21 sworn;
5-22 (3) the defendant was arraigned and pleaded to the
5-23 complaint; and
5-24 (4) the municipal judge certified the charge before it
5-25 was read to the jury.
5-26 (c) In each case decided by the appellate court, the court
5-27 shall deliver a written opinion or order either sustaining or
5-28 overruling each assignment of error presented. The court shall set
5-29 forth the reasons for its decision. The appellate court clerk
5-30 shall mail copies of the decision to the parties and to the
5-31 municipal judge as soon as the decision is rendered.
5-32 Sec. 30.2500. CERTIFICATE OF APPELLATE PROCEEDINGS. When
5-33 the judgment of the appellate court becomes final, the clerk of
5-34 that court shall certify the proceedings and the judgment and shall
5-35 mail the certificate to the municipal court. The court clerk shall
5-36 file the certificate with the papers in the case and note the
5-37 certificate on the case docket. If the municipal court of record
5-38 judgment is affirmed, further action to enforce the judgment is not
5-39 necessary except to:
5-40 (1) forfeit the bond of the defendant;
5-41 (2) issue a writ of capias for the defendant; or
5-42 (3) issue an execution against the defendant's
5-43 property.
5-44 Sec. 30.2501. EFFECT OF ORDER OF NEW TRIAL. If the
5-45 appellate court awards a new trial to the defendant, the case
5-46 stands as if a new trial had been granted by the municipal court of
5-47 record.
5-48 Sec. 30.2502. APPEAL TO COURT OF APPEALS. The defendant has
5-49 the right to appeal to the court of appeals if the fine assessed
5-50 against the defendant exceeds $100 and if the judgment is affirmed
5-51 by the appellate court. The provisions of the Code of Criminal
5-52 Procedure relating to direct appeals from a county or a district
5-53 court to the court of appeals apply to the appeal, except that:
5-54 (1) the record and briefs on appeal in the appellate
5-55 court constitute the record and briefs on appeal to the court of
5-56 appeals unless the rules of the court of criminal appeals provide
5-57 otherwise; and
5-58 (2) the record and briefs shall be filed directly with
5-59 the court of appeals.
5-60 Sec. 30.2503. JOINT COURTS: CREATION. (a) The governing
5-61 body of the city may contract with one or more municipalities that
5-62 have municipal courts of record to establish a joint municipal
5-63 court of record to serve the contracting municipalities.
5-64 (b) A joint municipal court of record created under this
5-65 section replaces each municipality's individual municipal court of
5-66 record.
5-67 Sec. 30.2504. JOINT COURT: JUDGES. (a) Notwithstanding
5-68 any other law, a joint municipal court of record created under
5-69 Section 30.2503 is presided over by a municipal judge or alternate
5-70 municipal judge who is appointed by the governing bodies of the
6-1 contracting municipalities for a two-year term.
6-2 (b) The judge of a joint municipal court of record may be
6-3 removed from office by the governing bodies of the contracting
6-4 municipalities at any time for incompetency, misconduct,
6-5 malfeasance, or inability to perform the tasks of the office.
6-6 Sec. 30.2505. JOINT COURTS: JURISDICTION. (a) The
6-7 jurisdiction of a joint municipal court of record created under
6-8 Section 30.2503 is the combined jurisdiction of the municipal
6-9 courts of the contracting municipalities.
6-10 (b) An appeal from a joint municipal court of record created
6-11 under Section 30.2503 is to the county criminal court of the county
6-12 in which the offense occurred. If that county does not have a
6-13 county criminal court, appeal is to the county court of law of the
6-14 county.
6-15 Sec. 30.2506. JOINT COURT: PROSECUTING ATTORNEY. A
6-16 municipality that contracts under Section 30.2503 may provide its
6-17 own prosecuting attorney or the contracting municipalities may
6-18 agree on the selection of one or more prosecuting attorneys.
6-19 Sec. 30.2507. JOINT COURT: APPLICABLE LAW. (a) The
6-20 municipalities by contract shall select one of the contracting
6-21 municipality's enabling statutes as the source of applicable
6-22 procedural requirements for the operation of the joint municipal
6-23 court of record established under Section 30.2503.
6-24 (b) All of the provisions of the statute selected under
6-25 Subsection (a) apply to the operation of the joint municipal court
6-26 of record. If there is a conflict with any of the provisions in
6-27 Sections 30.2503-30.2506, those sections control.
6-28 (c) Any matter that is not governed by the contracting
6-29 municipalities' enabling legislation or other law shall be resolved
6-30 by the contract entered into under Section 30.2503.
6-31 SECTION 2. The importance of this legislation and the
6-32 crowded condition of the calendars in both houses create an
6-33 emergency and an imperative public necessity that the
6-34 constitutional rule requiring bills to be read on three several
6-35 days in each house be suspended, and this rule is hereby suspended,
6-36 and that this Act take effect and be in force from and after its
6-37 passage, and it is so enacted.
6-38 * * * * *