By: Harris S.B. No. 551
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of municipal courts of record in Pantego.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 30, Government Code, is amended by adding
1-4 Subchapter GG to read as follows:
1-5 SUBCHAPTER GG: PANTEGO
1-6 Sec. 30.2191. APPLICATION. This subchapter applies to the
1-7 town of Pantego.
1-8 Sec. 30.2192. CREATION. (a) The governing body of the town
1-9 may by ordinance create a municipal court of record if it
1-10 determines that the formation of the court is necessary to provide
1-11 a more efficient disposition of cases arising in the town. The
1-12 governing body may by ordinance determine the number of municipal
1-13 courts of record that are required to dispose of the cases and may
1-14 establish as many as are needed. The ordinance establishing the
1-15 courts shall give each court a numerical designation, beginning
1-16 with "Municipal Court of Record No. 1."
1-17 (b) A municipal court of record may not exist concurrently
1-18 with municipal courts that are not courts of record in the town.
1-19 (c) A municipal court of record has no terms and may sit at
1-20 any time for the transaction of the business of the court.
1-21 Sec. 30.2193. APPLICATION OF OTHER LAWS. The general law
1-22 regarding municipal courts, the general law regarding justice
1-23 courts on matters not covered by the law regarding municipal
1-24 courts, and any charter provision or ordinance of the town relating
2-1 to the municipal court apply to a municipal court of record unless
2-2 the law, charter provision, or ordinance is in conflict or
2-3 inconsistent with this subchapter.
2-4 Sec. 30.2194. JUDGE. (a) A municipal court of record is
2-5 presided over by a municipal judge.
2-6 (b) If there is more than one municipal judge in the town,
2-7 the governing body of the town shall appoint one of the judges to
2-8 be the chief judge.
2-9 (c) A municipal judge, including the chief judge, is
2-10 appointed by the governing body of the town for a term of two
2-11 years.
2-12 (d) A municipal judge must be a licensed attorney in good
2-13 standing in this state and must have two or more years of
2-14 experience in the practice of law in this state. The judge must be
2-15 a citizen of the United States and of this state. The judge shall
2-16 devote as much time to the office as it requires.
2-17 (e) If there is more than one municipal court of record in
2-18 the town, the judges may exchange benches and may sit and act for
2-19 each other in any proceeding pending in the courts. An act
2-20 performed by any of the judges is binding on all parties to the
2-21 proceeding.
2-22 (f) A municipal judge is entitled to a salary from the town,
2-23 the amount of which is determined by the governing body of the town
2-24 and may not be diminished during the judge's term of office. The
2-25 salary may not be based directly or indirectly on fines, fees, or
2-26 costs collected by the court.
2-27 (g) A municipal judge may be removed from office by the
3-1 governing body of the town at any time for incompetency,
3-2 misconduct, malfeasance, or disability.
3-3 (h) A municipal judge shall take judicial notice of the town
3-4 ordinances and the corporate limits of the town in a case tried
3-5 before a municipal court of record. A municipal judge may grant
3-6 writs of mandamus, injunction, and attachment and other writs
3-7 necessary to the enforcement of the jurisdiction of the court and
3-8 may issue writs of habeas corpus in cases in which the offense
3-9 charged is within the jurisdiction of the court.
3-10 (i) The governing body of the town shall appoint a qualified
3-11 person to fill a vacancy in the office of municipal judge.
3-12 (j) The governing body may appoint one or more qualified
3-13 persons to be available to serve for a municipal judge who is
3-14 temporarily absent due to illness, family death, or continuing
3-15 legal or judicial education programs or for any other reason. The
3-16 chief judge or the municipal judge if there is no chief judge shall
3-17 select one of the persons appointed by the governing body to serve
3-18 during an absence. An alternate judge while serving has all the
3-19 powers and shall discharge all the duties of a municipal judge. An
3-20 alternate judge must have the same qualifications as a municipal
3-21 judge.
3-22 Sec. 30.2195. CLERK; OTHER PERSONNEL. The city manager of
3-23 the town shall appoint a clerk of the municipal court of record who
3-24 may hire, direct, and remove the personnel authorized in the town's
3-25 annual budget for the clerk's office. The clerk or the clerk's
3-26 deputies shall keep the records of the municipal courts of record,
3-27 issue process, and generally perform the duties for the courts that
4-1 a clerk of the county court exercising criminal jurisdiction is
4-2 required by law to perform for that court. The clerk shall perform
4-3 the duties in accordance with statutes, the town charter, and town
4-4 ordinances.
4-5 Sec. 30.2196. COURT REPORTER. (a) The town shall provide a
4-6 court reporter for the purpose of preserving a record in cases
4-7 tried before the municipal court of record. The clerk of the court
4-8 shall appoint the court reporter, who must meet the qualifications
4-9 provided by law for official court reporters. The reporter shall
4-10 be compensated by the town in the manner determined by the
4-11 governing body of the town.
4-12 (b) The court reporter may use written notes, transcribing
4-13 equipment, video or audio recording equipment, or a combination of
4-14 those methods to record the proceedings of the court. The court
4-15 reporter shall keep the record for the 20-day period beginning the
4-16 date after the last day of the court proceeding, trial, or denial
4-17 of motion for new trial, whichever occurs last.
4-18 (c) The court reporter is not required to record testimony
4-19 in a case unless the judge or one of the parties requests a record.
4-20 A party's request for a record must be in writing and be filed with
4-21 the court before trial.
4-22 (d) The governing body may provide that, in lieu of
4-23 providing a court reporter at trial, proceedings in a municipal
4-24 court of record may be recorded by a good quality electronic
4-25 recording device. If the governing body authorizes the electronic
4-26 recording, the court reporter need not be present at trial to
4-27 certify the statement of facts. The recording shall be kept and
5-1 stored for the 20-day period beginning the day after the last day
5-2 of the proceeding, trial, or denial of motion for new trial,
5-3 whichever occurs last. The proceedings that are appealed shall be
5-4 transcribed from the recording by an official court reporter.
5-5 Sec. 30.2197. PROSECUTIONS BY CITY ATTORNEY. All
5-6 prosecutions in the municipal court of record must be conducted by
5-7 the city attorney or an assistant or deputy city attorney.
5-8 Sec. 30.2198. JURY. (a) A person who is brought before a
5-9 municipal court of record and who is charged with an offense is
5-10 entitled to be tried by a jury of six persons unless that right is
5-11 waived according to law. The jury shall decide all questions of
5-12 fact or credibility of witnesses. The court shall determine all
5-13 matters of law and shall charge the jury on the law.
5-14 (b) A juror who serves in the municipal courts of record
5-15 must meet the qualifications provided by Chapter 62.
5-16 Sec. 30.2199. APPEAL. (a) A defendant has the right of
5-17 appeal from a judgment or conviction in a municipal court of record
5-18 as provided in this subchapter. The county criminal courts of
5-19 Tarrant County have jurisdiction over an appeal. The state has no
5-20 right to an appeal or to a new trial.
5-21 (b) The appellate court shall determine each appeal from a
5-22 municipal court of record conviction on the basis of the errors
5-23 that are set forth in the defendant's motion for new trial and that
5-24 are presented in the transcript and statement of facts prepared
5-25 from the proceedings leading to the conviction. An appeal from the
5-26 municipal court of record may not be by trial de novo.
5-27 (c) To perfect an appeal, the defendant must file with the
6-1 municipal court clerk a written motion for new trial not later than
6-2 the 10th day after the date on which judgment is rendered. The
6-3 motion must set forth the points of error of which the defendant
6-4 complains. The motion or an amended motion may be amended by leave
6-5 of court at any time before action on the motion is taken, but not
6-6 later than the 20th day after the date on which the original or
6-7 amended motion is filed. The court may for good cause extend the
6-8 time for filing or amending but the extension may not exceed 90
6-9 days from the original filing deadline. If the court does not act
6-10 on the motion before the expiration of the 30 days allowed for
6-11 determination of the motion, the original or amended motion is
6-12 overruled by operation of law.
6-13 (d) To perfect an appeal, the defendant must also give
6-14 notice of the appeal. If the defendant requests a hearing on the
6-15 motion for new trial, the defendant may give the notice of appeal
6-16 orally in open court on the overruling of the motion. If there is
6-17 no hearing, the defendant must give written notice of appeal and
6-18 must file the notice with the court not later than the 10th day
6-19 after the date on which the motion is overruled. The court may for
6-20 good cause extend that time period, but the extension may not
6-21 exceed 90 days from the original filing deadline.
6-22 Sec. 30.2200. APPEAL BOND. (a) If the defendant is not in
6-23 custody, the defendant may not take an appeal until the defendant
6-24 files an appeal bond with the municipal court of record. The bond
6-25 must be approved by the court and must be filed not later than the
6-26 10th day after the date on which the motion for new trial is
6-27 overruled. If the defendant is in custody, the defendant shall be
7-1 committed to jail unless the defendant posts the appeal bond.
7-2 (b) The appeal bond must be in the amount of $50 or double
7-3 the amount of the fine and costs adjudged against the defendant,
7-4 whichever is greater. The bond must state that the defendant was
7-5 convicted in the case and has appealed, must be payable to the
7-6 state for the use and benefit of the town, and must be conditioned
7-7 on the defendant's appearance in the court to which the appeal is
7-8 taken.
7-9 Sec. 30.2201. RECORD ON APPEAL. The record on appeal
7-10 consists of a transcript and, if necessary to the appeal, a
7-11 statement of facts. The court reporter shall prepare the record
7-12 from the reporter's record or mechanical or videotape recordings of
7-13 the proceedings. The defendant shall pay for the cost of the
7-14 transcription. If the court finds that the defendant is unable to
7-15 pay or give security for the record on appeal after a hearing in
7-16 response to an affidavit by the defendant, the court shall order
7-17 the reporter to prepare the record without charge to the defendant.
7-18 If the case is reversed on appeal, the court shall promptly refund
7-19 the cost to the defendant.
7-20 Sec. 30.2202. TRANSCRIPT. (a) On the written request of
7-21 the defendant or the defendant's attorney, the municipal court
7-22 clerk shall prepare under the clerk's hand and seal a transcript of
7-23 the municipal court of record proceedings. The transcript must
7-24 include copies of:
7-25 (1) the complaint;
7-26 (2) material docket entries made by the court;
7-27 (3) the jury charge and verdict in a jury trial;
8-1 (4) the judgment;
8-2 (5) the motion for new trial;
8-3 (6) the notice of appeal;
8-4 (7) written motions and pleas;
8-5 (8) written orders of the court;
8-6 (9) any bills of exception filed with the court;
8-7 (10) the appeal bond; and
8-8 (11) exhibits admitted into evidence.
8-9 (b) The clerk may include in the transcript additional
8-10 portions of the proceedings in the court prepared from mechanical
8-11 or videotape recordings.
8-12 Sec. 30.2203. BILLS OF EXCEPTION. Either party may include
8-13 bills of exception in the transcript subject to the applicable
8-14 provisions of the Code of Criminal Procedure. The bills of
8-15 exception must be filed with the municipal court clerk not later
8-16 than the 60th day after the date on which the notice of appeal is
8-17 given or filed.
8-18 Sec. 30.2204. STATEMENTS OF FACTS. A statement of facts
8-19 included in the record on appeal must contain:
8-20 (1) a transcript of all or part of the municipal court
8-21 of record proceedings that are shown by the notes of the court
8-22 reporter to have occurred before, during, or after the trial, if
8-23 the transcript is requested by the defendant;
8-24 (2) a brief statement of the facts of the case proven
8-25 at trial as agreed to by the defendant and the prosecuting
8-26 attorney;
8-27 (3) a partial transcript and the agreed statement of
9-1 the facts of the case; or
9-2 (4) a transcript of all or part of the municipal court
9-3 of record proceedings in the case that is prepared from mechanical
9-4 or videotape recordings of the proceedings.
9-5 Sec. 30.2205. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
9-6 (a) Not later than the 60th day after the date on which the notice
9-7 of appeal is given or filed, the parties must file with the
9-8 municipal court clerk:
9-9 (1) the statement of facts;
9-10 (2) a written description of material to be included
9-11 in the transcript in addition to the required material; and
9-12 (3) any material to be included in the transcript that
9-13 is not in the custody of the clerk.
9-14 (b) On completion of the record, the municipal judge shall
9-15 approve the record in the manner provided for record completion,
9-16 approval, and notification in the court of appeals.
9-17 (c) After the court approves the record, the clerk shall
9-18 promptly send it to the appellate court clerk for filing. The
9-19 appellate court clerk shall notify the defendant and the
9-20 prosecuting attorney that the record has been filed.
9-21 Sec. 30.2206. BRIEF ON APPEAL. (a) A defendant's brief on
9-22 appeal from a municipal court of record must present points of
9-23 error in the manner required by law for a brief on appeal to the
9-24 court of appeals.
9-25 (b) The defendant must file the brief with the appellate
9-26 court clerk not later than the 15th day after the date on which the
9-27 transcript and statement of facts are filed with that clerk. The
10-1 defendant or the defendant's attorney must certify that the brief
10-2 has been properly mailed to the prosecuting attorney.
10-3 (c) The prosecuting attorney must file the appellee's brief
10-4 with the appellate court clerk not later than the 15th day after
10-5 the date on which the defendant's brief is filed.
10-6 (d) On filing, each party shall deliver a copy of the brief
10-7 to the opposing party and to the municipal judge.
10-8 Sec. 30.2207. COURT RULES. (a) Except as modified by this
10-9 subchapter, the Code of Criminal Procedure governs the trial of
10-10 cases before the municipal court of record. The court may make and
10-11 enforce all rules of practice and procedure necessary to expedite
10-12 the trial of cases before the court that are not inconsistent with
10-13 general law.
10-14 (b) The appellate courts may make and enforce all rules of
10-15 practice and procedure that are not inconsistent with general law
10-16 and that are necessary to expedite the dispatch of appeals from the
10-17 municipal court of record.
10-18 Sec. 30.2208. DISPOSITION ON APPEAL. (a) According to law
10-19 and the nature of the case, the appellate court may:
10-20 (1) affirm the judgment of the municipal court of
10-21 record;
10-22 (2) reverse and remand for a new trial;
10-23 (3) reverse and dismiss the case; or
10-24 (4) reform and correct the judgment.
10-25 (b) Unless the matter was made an issue in the trial court
10-26 or it affirmatively appears to the contrary from the transcript or
10-27 the statement of facts, the appellate court shall presume that:
11-1 (1) venue was proven in the trial court;
11-2 (2) the jury, if any, was properly impaneled and
11-3 sworn;
11-4 (3) the defendant was arraigned and pleaded to the
11-5 complaint; and
11-6 (4) the municipal judge certified the charge before it
11-7 was read to the jury.
11-8 (c) In each case decided by the appellate court, the court
11-9 shall deliver a written opinion or order either sustaining or
11-10 overruling each assignment of error presented. The court shall set
11-11 forth the reasons for its decision. The appellate court clerk
11-12 shall mail copies of the decision to the parties and to the
11-13 municipal judge as soon as the decision is rendered.
11-14 Sec. 30.2209. CERTIFICATE OF APPELLATE PROCEEDINGS. When
11-15 the judgment of the appellate court becomes final, the clerk of
11-16 that court shall certify the proceedings and the judgment and shall
11-17 mail the certificate to the municipal court. The court clerk shall
11-18 file the certificate with the papers in the case and note the
11-19 certificate on the case docket. If the municipal court of record
11-20 judgment is affirmed, further action to enforce the judgment is not
11-21 necessary except to:
11-22 (1) forfeit the bond of the defendant;
11-23 (2) issue a writ of capias for the defendant; or
11-24 (3) issue an execution against the defendant's
11-25 property.
11-26 Sec. 30.2210. EFFECT OF ORDER ON NEW TRIAL. If the
11-27 appellate court awards a new trial to the defendant, the case
12-1 stands as if a new trial had been granted by the municipal court of
12-2 record.
12-3 Sec. 30.2211. APPEAL TO COURT OF APPEALS. The defendant has
12-4 the right to appeal to the court of appeals if the fine assessed
12-5 against the defendant exceeds $100 and if the judgment is affirmed
12-6 by the appellate court. The provisions of the Code of Criminal
12-7 Procedure relating to direct appeals from a county or a district
12-8 court to the court of appeals apply to the appeal, except that:
12-9 (1) the record and briefs on appeal in the appellate
12-10 court constitute the record and briefs on appeal to the court of
12-11 appeals unless the rules of the court of criminal appeals provide
12-12 otherwise; and
12-13 (2) the record and briefs shall be filed directly with
12-14 the court of appeals.
12-15 SECTION 2. The importance of this legislation and the
12-16 crowded condition of the calendars in both houses create an
12-17 emergency and an imperative public necessity that the
12-18 constitutional rule requiring bills to be read on three several
12-19 days in each house be suspended, and this rule is hereby suspended,
12-20 and that this Act take effect and be in force from and after its
12-21 passage, and it is so enacted.