1-1 By: Harris S.B. No. 375
1-2 (In the Senate - Filed April 11, 1995; April 11, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 19, 1995, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 19, 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 Pantego.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Chapter 30, Government Code, is amended by adding
1-11 Subchapter GG to read as follows:
1-12 SUBCHAPTER GG: PANTEGO
1-13 Sec. 30.2191. APPLICATION. This subchapter applies to the
1-14 town of Pantego.
1-15 Sec. 30.2192. CREATION. (a) The governing body of the town
1-16 may by ordinance create a municipal court of record if it
1-17 determines that the formation of the court is necessary to provide
1-18 a more efficient disposition of cases arising in the town. The
1-19 governing body may by ordinance determine the number of municipal
1-20 courts of record that are required to dispose of the cases and may
1-21 establish as many as are needed. The ordinance establishing the
1-22 courts shall give each court a numerical designation, beginning
1-23 with "Municipal Court of Record No. 1."
1-24 (b) A municipal court of record may not exist concurrently
1-25 with municipal courts that are not courts of record in the town.
1-26 (c) A municipal court of record has no terms and may sit at
1-27 any time for the transaction of the business of the court.
1-28 Sec. 30.2193. APPLICATION OF OTHER LAWS. The general law
1-29 regarding municipal courts, the general law regarding justice
1-30 courts on matters not covered by the law regarding municipal
1-31 courts, and any charter provision or ordinance of the town relating
1-32 to the municipal court apply to a municipal court of record unless
1-33 the law, charter provision, or ordinance is in conflict or
1-34 inconsistent with this subchapter.
1-35 Sec. 30.2194. JUDGE. (a) A municipal court of record is
1-36 presided over by a municipal judge.
1-37 (b) If there is more than one municipal judge in the town,
1-38 the governing body of the town shall appoint one of the judges to
1-39 be the chief judge.
1-40 (c) A municipal judge, including the chief judge, is
1-41 appointed by the governing body of the town for a term of two
1-42 years.
1-43 (d) A municipal judge must be a licensed attorney in good
1-44 standing in this state and must have two or more years of
1-45 experience in the practice of law in this state. The judge must be
1-46 a citizen of the United States and of this state. The judge shall
1-47 devote as much time to the office as it requires.
1-48 (e) If there is more than one municipal court of record in
1-49 the town, the judges may exchange benches and may sit and act for
1-50 each other in any proceeding pending in the courts. An act
1-51 performed by any of the judges is binding on all parties to the
1-52 proceeding.
1-53 (f) A municipal judge is entitled to a salary from the town,
1-54 the amount of which is determined by the governing body of the town
1-55 and may not be diminished during the judge's term of office. The
1-56 salary may not be based directly or indirectly on fines, fees, or
1-57 costs collected by the court.
1-58 (g) A municipal judge may be removed from office by the
1-59 governing body of the town at any time for incompetency,
1-60 misconduct, malfeasance, or disability.
1-61 (h) A municipal judge shall take judicial notice of the town
1-62 ordinances and the corporate limits of the town in a case tried
1-63 before a municipal court of record. A municipal judge may grant
1-64 writs of mandamus, injunction, and attachment and other writs
1-65 necessary to the enforcement of the jurisdiction of the court and
1-66 may issue writs of habeas corpus in cases in which the offense
1-67 charged is within the jurisdiction of the court.
1-68 (i) The governing body of the town shall appoint a qualified
2-1 person to fill a vacancy in the office of municipal judge.
2-2 (j) The governing body of the town may appoint one or more
2-3 qualified persons to be available to serve for a municipal judge
2-4 who is temporarily absent due to illness, family death, or
2-5 continuing legal or judicial education programs or for any other
2-6 reason. The chief judge, or the municipal judge if there is no
2-7 chief judge, shall select one of the persons appointed by the
2-8 governing body of the town to serve during an absence. An
2-9 alternate judge, while serving, has all the powers and shall
2-10 discharge all the duties of a municipal judge. An alternate judge
2-11 must have the same qualifications as a municipal judge.
2-12 Sec. 30.2195. CLERK; OTHER PERSONNEL. The city manager of
2-13 the town shall appoint a clerk of the municipal court of record who
2-14 may hire, direct, and remove the personnel authorized in the town's
2-15 annual budget for the clerk's office. The clerk or the clerk's
2-16 deputies shall keep the records of the municipal courts of record,
2-17 issue process, and generally perform the duties for the courts that
2-18 a clerk of the county court exercising criminal jurisdiction is
2-19 required by law to perform for that court. The clerk shall perform
2-20 the duties in accordance with statutes, the town charter, and town
2-21 ordinances.
2-22 Sec. 30.2196. COURT REPORTER. (a) The town shall provide a
2-23 court reporter for the purpose of preserving a record in cases
2-24 tried before the municipal court of record. The clerk of the court
2-25 shall appoint the court reporter, who must meet the qualifications
2-26 provided by law for official court reporters. The reporter shall
2-27 be compensated by the town in the manner determined by the
2-28 governing body of the town.
2-29 (b) The court reporter may use written notes, transcribing
2-30 equipment, video or audio recording equipment, or a combination of
2-31 those methods to record the proceedings of the court. The court
2-32 reporter shall keep the record for the 20-day period beginning the
2-33 date after the last day of the court proceeding, trial, or denial
2-34 of motion for new trial, whichever occurs last.
2-35 (c) The court reporter is not required to record testimony
2-36 in a case unless the judge or one of the parties requests a record.
2-37 A party's request for a record must be in writing and be filed with
2-38 the court before trial.
2-39 (d) The governing body of the town may provide that, in lieu
2-40 of providing a court reporter at trial, proceedings in a municipal
2-41 court of record may be recorded by a good quality electronic
2-42 recording device. If the governing body of the town authorizes the
2-43 electronic recording, the court reporter need not be present at
2-44 trial to certify the statement of facts. The recording shall be
2-45 kept and stored for the 20-day period beginning the day after the
2-46 last day of the proceeding, trial, or denial of motion for new
2-47 trial, whichever occurs last. The proceedings that are appealed
2-48 shall be transcribed from the recording by an official court
2-49 reporter.
2-50 Sec. 30.2197. PROSECUTIONS BY CITY ATTORNEY. All
2-51 prosecutions in a municipal court of record must be conducted by
2-52 the city attorney or an assistant or deputy city attorney.
2-53 Sec. 30.2198. JURY. (a) A person who is brought before a
2-54 municipal court of record and who is charged with an offense is
2-55 entitled to be tried by a jury of six persons unless that right is
2-56 waived according to law. The jury shall decide all questions of
2-57 fact or credibility of witnesses. The court shall determine all
2-58 matters of law and shall charge the jury on the law.
2-59 (b) A juror who serves in the municipal courts of record
2-60 must meet the qualifications provided by Chapter 62.
2-61 Sec. 30.2199. APPEAL. (a) A defendant has the right of
2-62 appeal from a judgment or conviction in a municipal court of record
2-63 as provided in this subchapter. The county criminal courts of
2-64 Tarrant County have jurisdiction over an appeal. The state has no
2-65 right to an appeal or to a new trial.
2-66 (b) The appellate court shall determine each appeal from a
2-67 municipal court of record conviction on the basis of the errors
2-68 that are set forth in the defendant's motion for new trial and that
2-69 are presented in the transcript and statement of facts prepared
2-70 from the proceedings leading to the conviction. An appeal from the
3-1 municipal court of record may not be by trial de novo.
3-2 (c) To perfect an appeal, the defendant must file with the
3-3 municipal court clerk a written motion for new trial not later than
3-4 the 10th day after the date on which judgment is rendered. The
3-5 motion must set forth the points of error of which the defendant
3-6 complains. The motion or an amended motion may be amended by leave
3-7 of court at any time before action on the motion is taken, but not
3-8 later than the 20th day after the date on which the original or
3-9 amended motion is filed. The court may for good cause extend the
3-10 time for filing or amending but the extension may not exceed 90
3-11 days from the original filing deadline. If the court does not act
3-12 on the motion before the expiration of the 30 days allowed for
3-13 determination of the motion, the original or amended motion is
3-14 overruled by operation of law.
3-15 (d) To perfect an appeal, the defendant must also give
3-16 notice of the appeal. If the defendant requests a hearing on the
3-17 motion for new trial, the defendant may give the notice of appeal
3-18 orally in open court on the overruling of the motion. If there is
3-19 no hearing, the defendant must give written notice of appeal and
3-20 must file the notice with the court not later than the 10th day
3-21 after the date on which the motion is overruled. The court may for
3-22 good cause extend that time period, but the extension may not
3-23 exceed 90 days from the original filing deadline.
3-24 Sec. 30.2200. APPEAL BOND. (a) If the defendant is not in
3-25 custody, the defendant may not take an appeal until the defendant
3-26 files an appeal bond with the municipal court of record. The bond
3-27 must be approved by the court and must be filed not later than the
3-28 10th day after the date on which the motion for new trial is
3-29 overruled. If the defendant is in custody, the defendant shall be
3-30 committed to jail unless the defendant posts the appeal bond.
3-31 (b) The appeal bond must be in the amount of $50 or double
3-32 the amount of the fine and costs adjudged against the defendant,
3-33 whichever is greater. The bond must state that the defendant was
3-34 convicted in the case and has appealed, must be payable to the
3-35 state for the use and benefit of the town, and must be conditioned
3-36 on the defendant's appearance in the court to which the appeal is
3-37 taken.
3-38 Sec. 30.2201. RECORD ON APPEAL. The record on appeal
3-39 consists of a transcript and, if necessary to the appeal, a
3-40 statement of facts. The court reporter shall prepare the record
3-41 from the reporter's record or mechanical or videotape recordings of
3-42 the proceedings. The defendant shall pay for the cost of the
3-43 transcription. If the court finds that the defendant is unable to
3-44 pay or give security for the record on appeal after a hearing in
3-45 response to an affidavit by the defendant, the court shall order
3-46 the reporter to prepare the record without charge to the defendant.
3-47 If the case is reversed on appeal, the court shall promptly refund
3-48 the cost to the defendant.
3-49 Sec. 30.2202. TRANSCRIPT. (a) On the written request of
3-50 the defendant or the defendant's attorney, the municipal court
3-51 clerk shall prepare under the clerk's hand and seal a transcript of
3-52 the municipal court of record proceedings. The transcript must
3-53 include copies of:
3-54 (1) the complaint;
3-55 (2) material docket entries made by the court;
3-56 (3) the jury charge and verdict in a jury trial;
3-57 (4) the judgment;
3-58 (5) the motion for new trial;
3-59 (6) the notice of appeal;
3-60 (7) written motions and pleas;
3-61 (8) written orders of the court;
3-62 (9) any bills of exception filed with the court;
3-63 (10) the appeal bond; and
3-64 (11) exhibits admitted into evidence.
3-65 (b) The clerk may include in the transcript additional
3-66 portions of the proceedings in the court prepared from mechanical
3-67 or videotape recordings.
3-68 Sec. 30.2203. BILLS OF EXCEPTION. Either party may include
3-69 bills of exception in the transcript subject to the applicable
3-70 provisions of the Code of Criminal Procedure. The bills of
4-1 exception must be filed with the municipal court clerk not later
4-2 than the 60th day after the date on which the notice of appeal is
4-3 given or filed.
4-4 Sec. 30.2204. STATEMENTS OF FACTS. A statement of facts
4-5 included in the record on appeal must contain:
4-6 (1) a transcript of all or part of the municipal court
4-7 of record proceedings that are shown by the notes of the court
4-8 reporter to have occurred before, during, or after the trial, if
4-9 the transcript is requested by the defendant;
4-10 (2) a brief statement of the facts of the case proven
4-11 at trial as agreed to by the defendant and the prosecuting
4-12 attorney;
4-13 (3) a partial transcript and the agreed statement of
4-14 the facts of the case; or
4-15 (4) a transcript of all or part of the municipal court
4-16 of record proceedings in the case that is prepared from mechanical
4-17 or videotape recordings of the proceedings.
4-18 Sec. 30.2205. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
4-19 (a) Not later than the 60th day after the date on which the notice
4-20 of appeal is given or filed, the parties must file with the
4-21 municipal court clerk:
4-22 (1) the statement of facts;
4-23 (2) a written description of material to be included
4-24 in the transcript in addition to the required material; and
4-25 (3) any material to be included in the transcript that
4-26 is not in the custody of the clerk.
4-27 (b) On completion of the record, the municipal judge shall
4-28 approve the record in the manner provided for record completion,
4-29 approval, and notification in the court of appeals.
4-30 (c) After the court approves the record, the clerk shall
4-31 promptly send it to the appellate court clerk for filing. The
4-32 appellate court clerk shall notify the defendant and the
4-33 prosecuting attorney that the record has been filed.
4-34 Sec. 30.2206. BRIEF ON APPEAL. (a) A defendant's brief on
4-35 appeal from a municipal court of record must present points of
4-36 error in the manner required by law for a brief on appeal to the
4-37 court of appeals.
4-38 (b) The defendant must file the brief with the appellate
4-39 court clerk not later than the 15th day after the date on which the
4-40 transcript and statement of facts are filed with that clerk. The
4-41 defendant or the defendant's attorney must certify that the brief
4-42 has been properly mailed to the prosecuting attorney.
4-43 (c) The prosecuting attorney must file the appellee's brief
4-44 with the appellate court clerk not later than the 15th day after
4-45 the date on which the defendant's brief is filed.
4-46 (d) On filing, each party shall deliver a copy of the brief
4-47 to the opposing party and to the municipal judge.
4-48 Sec. 30.2207. COURT RULES. (a) Except as modified by this
4-49 subchapter, the Code of Criminal Procedure governs the trial of
4-50 cases before the municipal court of record. The court may make and
4-51 enforce all rules of practice and procedure necessary to expedite
4-52 the trial of cases before the court that are not inconsistent with
4-53 general law.
4-54 (b) The appellate courts may make and enforce all rules of
4-55 practice and procedure that are not inconsistent with general law
4-56 and that are necessary to expedite the dispatch of appeals from the
4-57 municipal court of record.
4-58 Sec. 30.2208. DISPOSITION ON APPEAL. (a) According to law
4-59 and the nature of the case, the appellate court may:
4-60 (1) affirm the judgment of the municipal court of
4-61 record;
4-62 (2) reverse and remand for a new trial;
4-63 (3) reverse and dismiss the case; or
4-64 (4) reform and correct the judgment.
4-65 (b) Unless the matter was made an issue in the trial court
4-66 or it affirmatively appears to the contrary from the transcript or
4-67 the statement of facts, the appellate court shall presume that:
4-68 (1) venue was proven in the trial court;
4-69 (2) the jury, if any, was properly impaneled and
4-70 sworn;
5-1 (3) the defendant was arraigned and pleaded to the
5-2 complaint; and
5-3 (4) the municipal judge certified the charge before it
5-4 was read to the jury.
5-5 (c) In each case decided by the appellate court, the court
5-6 shall deliver a written opinion or order either sustaining or
5-7 overruling each assignment of error presented. The court shall set
5-8 forth the reasons for its decision. The appellate court clerk
5-9 shall mail copies of the decision to the parties and to the
5-10 municipal judge as soon as the decision is rendered.
5-11 Sec. 30.2209. CERTIFICATE OF APPELLATE PROCEEDINGS. When
5-12 the judgment of the appellate court becomes final, the clerk of
5-13 that court shall certify the proceedings and the judgment and shall
5-14 mail the certificate to the municipal court. The court clerk shall
5-15 file the certificate with the papers in the case and note the
5-16 certificate on the case docket. If the municipal court of record
5-17 judgment is affirmed, further action to enforce the judgment is not
5-18 necessary except to:
5-19 (1) forfeit the bond of the defendant;
5-20 (2) issue a writ of capias for the defendant; or
5-21 (3) issue an execution against the defendant's
5-22 property.
5-23 Sec. 30.2210. EFFECT OF ORDER ON NEW TRIAL. If the
5-24 appellate court awards a new trial to the defendant, the case
5-25 stands as if a new trial had been granted by the municipal court of
5-26 record.
5-27 Sec. 30.2211. 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 * * * * *