By: West S.B. No. 701
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of municipal courts of record in Grand
1-2 Prairie.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 30, Government Code, is amended by adding
1-5 Subchapter U to read as follows:
1-6 SUBCHAPTER U. GRAND PRAIRIE
1-7 Sec. 30.1641. APPLICATION. This subchapter applies to the
1-8 City of Grand Prairie.
1-9 Sec. 30.1642. CREATION. (a) The governing body of the city
1-10 may by ordinance create a municipal court of record if it
1-11 determines that the formation of the court is necessary to provide
1-12 a more efficient disposition of cases arising in the city. The
1-13 governing body of the city may by ordinance determine the number of
1-14 municipal courts of record that are required to dispose of the
1-15 cases and may establish as many as are needed. The ordinances
1-16 establishing the courts shall give each court a numerical
1-17 designation, beginning with "Municipal Court of Record No. 1."
1-18 (b) A municipal court of record may not exist concurrently
1-19 with municipal courts that are not courts of record in the city.
1-20 (c) A municipal court of record has no terms and may sit at
1-21 any time for the transaction of the business of the court.
1-22 Sec. 30.1643. JURISDICTION. (a) A municipal court of
1-23 record created under this subchapter has the jurisdiction provided
1-24 by general law for municipal courts.
2-1 (b) The court has jurisdiction over cases arising outside
2-2 the territorial limits of the city under the ordinances authorized
2-3 by Sections 215.072, 217.042, 341.903, and 401.002, Local
2-4 Government Code.
2-5 Sec. 30.1644. WRIT POWER. The judge of a municipal court of
2-6 record created under this subchapter may grant writs of mandamus,
2-7 injunction, attachment, and other writs necessary to the
2-8 enforcement of the jurisdiction of the court and may issue writs of
2-9 habeas corpus in cases in which the offense charged is within the
2-10 jurisdiction of the court.
2-11 Sec. 30.1645. APPLICATION OF OTHER LAWS. The general law
2-12 regarding municipal courts, the general law regarding justice
2-13 courts on matters not covered by the law regarding municipal
2-14 courts, and any charter provision or ordinance of the city relating
2-15 to the municipal court apply to a municipal court of record unless
2-16 the law, charter provision, or ordinance is in conflict or
2-17 inconsistent with this subchapter.
2-18 Sec. 30.1646. JUDGE. (a) A municipal court of record is
2-19 presided over by a municipal judge.
2-20 (b) If there is more than one municipal court judge in the
2-21 city, the governing body of the city shall appoint one of the
2-22 judges to be the chief judge.
2-23 (c) A municipal judge, including the chief judge, is
2-24 appointed by the governing body of the city. The judge holds
2-25 office at the will and pleasure of the governing body of the city.
2-26 (d) A municipal judge must be a licensed attorney in good
2-27 standing in this state and must have two or more years of
3-1 experience in the practice of law in this state. The judge must be
3-2 a citizen of the United States and a resident of this state. The
3-3 judge need not be a resident of the city. The judge shall devote
3-4 as much time to the office as it requires.
3-5 (e) If there is more than one municipal court of record in
3-6 the city, the judges may exchange benches and may sit and act for
3-7 each other in any proceeding pending in the courts. An act
3-8 performed by any of the judges is binding on all parties to the
3-9 proceeding.
3-10 (f) A municipal judge is entitled to a salary from the city
3-11 in an amount determined by the governing body of the city.
3-12 (g) A municipal judge shall take judicial notice of the city
3-13 ordinances and the corporate limits of the city in a case tried
3-14 before a municipal court of record.
3-15 (h) Vacancies in the office of municipal judge shall be
3-16 filled in the same manner as the appointment of the municipal
3-17 judge.
3-18 (i) The governing body of the city may appoint one or more
3-19 qualified persons to be available to serve for a municipal judge
3-20 who is temporarily absent due to illness, family death, continuing
3-21 legal or judicial education programs, or for any other reason. The
3-22 chief judge, or the municipal judge if there is no chief judge,
3-23 shall select one or more persons appointed by the city to serve
3-24 during an absence. An alternate judge, while serving, has all the
3-25 powers and shall discharge all the duties of a municipal judge. An
3-26 alternate judge must have the same qualifications as a municipal
3-27 judge.
4-1 Sec. 30.1647. CLERK; OTHER PERSONNEL. The city manager
4-2 shall appoint a clerk of a municipal court of record who may hire,
4-3 direct, and remove the personnel authorized in the city's annual
4-4 budget for the clerk's office. The clerk or the clerk's deputies
4-5 shall keep the records of the municipal courts of record, issue
4-6 process, and generally perform the duties for the courts that a
4-7 clerk of the county court exercising criminal jurisdiction is
4-8 required by law to perform for that court. The clerk shall perform
4-9 the duties in accordance with statutes, the city charter, and city
4-10 ordinances.
4-11 Sec. 30.1648. COURT REPORTER. (a) The city shall provide a
4-12 court reporter to preserve a record in cases tried before a
4-13 municipal court of record. The clerk of the court shall appoint
4-14 the court reporter who must meet the qualifications provided by law
4-15 for official court reporters. The reporter shall be compensated by
4-16 the city in the manner determined by the city manager.
4-17 (b) The court reporter may use written notes, transcribing
4-18 equipment, video or audio recording equipment, or a combination of
4-19 those methods to record the proceedings of the court. The court
4-20 reporter shall keep the record for the 20-day period beginning the
4-21 day after the last day of the court proceeding, trial, or denial of
4-22 motion for new trial, whichever occurs last.
4-23 (c) The court reporter is not required to record testimony
4-24 in a case unless the judge or one of the parties requests a record.
4-25 A party's request for a record must be in writing and filed with
4-26 the court before trial.
4-27 (d) The governing body of the city may provide that, in lieu
5-1 of providing a court reporter at trial, proceedings in a municipal
5-2 court of record may be recorded by a good quality electronic
5-3 recording device. If the governing body of the city authorizes the
5-4 electronic recording, the court reporter need not be present at
5-5 trial to certify the statement of facts. The recording shall be
5-6 kept and stored for the 20-day period beginning the day after the
5-7 last day of the proceeding, trial, or denial of motion for new
5-8 trial, whichever occurs last. The proceedings that are appealed
5-9 shall be transcribed from the recording by an official court
5-10 reporter.
5-11 Sec. 30.1649. PROSECUTIONS BY CITY ATTORNEY. All
5-12 prosecutions in a municipal court of record must be conducted by
5-13 the city attorney or an assistant or deputy city attorney.
5-14 Sec. 30.1650. COMPLAINT; PLEADING. (a) A proceeding in a
5-15 municipal court of record commences with the filing of a written
5-16 complaint. A complaint must begin "In the name and by authority of
5-17 the State of Texas" and must conclude "Against the peace and
5-18 dignity of the State."
5-19 (b) Complaints must comply with Article 45.17, Code of
5-20 Criminal Procedure.
5-21 (c) Pleadings must be in writing and filed with the
5-22 municipal court clerk.
5-23 Sec. 30.1651. JURY. (a) A person who is brought before a
5-24 municipal court of record and who is charged with an offense is
5-25 entitled to be tried by a jury of six persons unless that right is
5-26 waived according to law. The jury shall decide all questions of
5-27 fact or credibility of witnesses. The court shall determine all
6-1 matters of law and shall charge the jury on the law.
6-2 (b) A juror who serves in the municipal courts of record
6-3 must meet the qualifications provided by Chapter 62.
6-4 Sec. 30.1652. COURT RULES. (a) Except as modified by this
6-5 subchapter, the Code of Criminal Procedure as applied to county
6-6 courts at law governs the trial of cases before municipal courts of
6-7 record.
6-8 (b) Bonds must be payable to the state for the use and
6-9 benefit of the city. The court may not assess court costs other
6-10 than warrant fees, capias fees, and other fees authorized for
6-11 municipal courts.
6-12 (c) A peace officer may serve a process issued by a
6-13 municipal court of record.
6-14 (d) On conviction, judgment and sentence are in the name of
6-15 the state, and the state recovers from the defendant the fine and
6-16 fees for the use and benefit of the city. The court may require
6-17 the defendant to remain in the custody of the chief of police until
6-18 the fines and costs are paid and shall order that execution issue
6-19 to collect the fines and penalties.
6-20 (e) Fines, fees, costs, and bonds shall be paid to the
6-21 municipal court clerk, who shall deposit them in the city general
6-22 fund.
6-23 Sec. 30.1653. APPEAL. (a) A defendant has the right of
6-24 appeal from a judgment or conviction in a municipal court of record
6-25 as provided in this subchapter. The county criminal courts of
6-26 appeal of Dallas County have jurisdiction over appeals from the
6-27 municipal courts of record.
7-1 (b) The appellate court shall determine each appeal from a
7-2 municipal court of record conviction on the basis of the errors
7-3 that are set forth in the defendant's motion for new trial and that
7-4 are presented in the transcript and statement of facts prepared
7-5 from the proceedings leading to the conviction. An appeal from the
7-6 municipal court of record may not be by trial de novo.
7-7 (c) To perfect an appeal, the defendant must file with the
7-8 municipal court clerk a written motion for new trial not later than
7-9 the 10th day after the date on which judgment is rendered. The
7-10 motion must set forth the points of error of which the defendant
7-11 complains. The motion or an amended motion may be amended by leave
7-12 of court at any time before action on the motion is taken but not
7-13 later than the 20th day after the date on which the original or
7-14 amended motion is filed. The court may for good cause extend the
7-15 time for filing or amending, but the extension may not exceed 90
7-16 days from the original filing deadline. If the court does not act
7-17 on the motion or an amended motion before the expiration of 30 days
7-18 after it is filed with the clerk, the motion or amended motion is
7-19 overruled by operation of law.
7-20 (d) To perfect an appeal, the defendant must also give
7-21 notice of the appeal. If the defendant requests a hearing on the
7-22 motion for new trial, the appellant may give the notice of appeal
7-23 orally in open court on the overruling of the motion. If there is
7-24 no hearing, the defendant must give written notice of appeal and
7-25 must file the notice with the court not later than the 10th day
7-26 after the date on which the motion is overruled. The court may for
7-27 good cause extend that time period, but the extension may not
8-1 exceed 90 days from the original filing deadline.
8-2 Sec. 30.1654. APPEAL BOND. (a) If the defendant is not in
8-3 custody, the defendant may not take an appeal until the defendant
8-4 files an appeal bond with the municipal court of record. The bond
8-5 must be approved by the court and must be filed not later than the
8-6 10th day after the date on which the motion for new trial is
8-7 overruled. If the defendant is in custody, the defendant shall be
8-8 committed to jail unless the defendant posts the appeal bond.
8-9 (b) The appeal bond must be in the amount of $50 or double
8-10 the amount of the fine and costs adjudged against the defendant,
8-11 whichever is greater. The bond must state that the defendant was
8-12 convicted in the case and has appealed, must be payable to the
8-13 state for the use and benefit of the city, and must be conditioned
8-14 on the defendant's appearance in the court to which the appeal is
8-15 taken.
8-16 Sec. 30.1655. RECORD ON APPEAL. The record on appeal
8-17 consists of a transcript and, if necessary to the appeal, a
8-18 statement of facts. The court reporter shall prepare the record
8-19 from the reporter's record or mechanical or videotape recordings of
8-20 the proceedings. The defendant shall pay for the cost of the
8-21 transcription. If the court finds that the defendant is unable to
8-22 pay or give security for the record on appeal after a hearing in
8-23 response to an affidavit by the defendant, the court shall order
8-24 the reporter to prepare the record without charge to the defendant.
8-25 If the case is reversed on appeal, the court shall promptly refund
8-26 the cost to the defendant.
8-27 Sec. 30.1656. TRANSCRIPT. (a) On the written request of
9-1 the defendant or defendant's attorney, the municipal court clerk
9-2 shall prepare under the clerk's hand and seal a transcript of the
9-3 municipal court of record proceedings. The transcript must include
9-4 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. 30.1657. 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. 30.1658. STATEMENTS OF FACTS. A statement of facts
9-26 included in the record on appeal must contain:
9-27 (1) a transcript of all or part of the municipal court
10-1 of record proceedings that are shown by the notes of the court
10-2 reporter to have occurred before, during, or after the trial, if
10-3 the transcript is requested by the defendant;
10-4 (2) a brief statement of the facts of the case proven
10-5 at trial as agreed to by the defendant and the prosecuting
10-6 attorney;
10-7 (3) a partial transcript and the agreed statement of
10-8 the facts of the case; or
10-9 (4) a transcript of all or part of the municipal court
10-10 of record proceedings in the case that is prepared from mechanical
10-11 or videotape recordings of the proceedings.
10-12 Sec. 30.1659. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
10-13 (a) Not later than the 60th day after the date on which the notice
10-14 of appeal is given or filed, the parties must file with the
10-15 municipal court clerk:
10-16 (1) the statement of facts;
10-17 (2) a written description of material to be included
10-18 in the transcript in addition to the required material; and
10-19 (3) any material to be included in the transcript that
10-20 is not in the custody of the clerk.
10-21 (b) On completion of the record, the municipal judge shall
10-22 approve the record in the manner provided for record completion,
10-23 approval, and notification in the court of appeals.
10-24 (c) After the court approves the record, the clerk shall
10-25 promptly send it to the appellate court clerk for filing. The
10-26 appellate court clerk shall notify the defendant and the
10-27 prosecuting attorney that the record has been filed.
11-1 Sec. 30.1660. BRIEF ON APPEAL. (a) A defendant's brief on
11-2 appeal from a municipal court of record must present points of
11-3 error in the manner required by law for a brief on appeal to the
11-4 court of appeals.
11-5 (b) The defendant must file with the appellate court clerk
11-6 not later than the 15th day after the date on which the transcript
11-7 and statement of facts are filed with the clerk. The defendant or
11-8 the defendant's attorney must certify that the brief has been
11-9 properly mailed to the prosecuting attorney.
11-10 (c) The prosecuting attorney must file the appellee's brief
11-11 with the appellate court clerk not later than the 15th day after
11-12 the date on which the defendant's brief is filed.
11-13 (d) On filing, each party shall deliver a copy of the brief
11-14 to the opposing party and to the municipal judge.
11-15 Sec. 30.1661. PROCEDURE; DISPOSITION ON APPEAL. (a) The
11-16 appellate court shall hear appeals from the municipal court of
11-17 record at the earliest possible time with due regard to the rights
11-18 of the parties and the proper administration of justice. The court
11-19 may determine the rules for oral argument. The case may be
11-20 submitted on the record and briefs without oral argument.
11-21 (b) According to law and the nature of the case, the
11-22 appellate court may:
11-23 (1) affirm the judgment of the municipal court of
11-24 record;
11-25 (2) reverse and remand for a new trial;
11-26 (3) reverse and dismiss the case; or
11-27 (4) reform and correct the judgment.
12-1 (c) Unless the matter was made an issue in the trial court
12-2 or it affirmatively appears to the contrary from the transcript or
12-3 the statement of facts, the appellate court shall presume that:
12-4 (1) venue was proven in the trial court;
12-5 (2) the jury, if any, was properly impaneled and
12-6 sworn;
12-7 (3) the defendant was arraigned and pleaded to the
12-8 complaint; and
12-9 (4) the municipal judge certified the charge before it
12-10 was read to the jury.
12-11 (d) In each case decided by the appellate court, the court
12-12 shall deliver a written opinion or order either sustaining or
12-13 overruling each assignment of error presented. The court shall set
12-14 forth the reasons for its decision. The appellate court clerk
12-15 shall mail copies of the decision to the parties and to the
12-16 municipal judge as soon as the decision is rendered.
12-17 Sec. 30.1662. CERTIFICATE OF APPELLATE PROCEEDINGS. When
12-18 the judgment of the appellate court becomes final, the clerk of
12-19 that court shall certify the proceedings and the judgment and shall
12-20 mail the certificate to the municipal court. The court clerk shall
12-21 file the certificate with the papers in the case and note the
12-22 certificate on the case docket. If the municipal court of record
12-23 judgment is affirmed, further action to enforce the judgment is not
12-24 necessary except to:
12-25 (1) forfeit the bond of the defendant;
12-26 (2) issue a writ of capias for the defendant; or
12-27 (3) issue an exception against the defendant's
13-1 property.
13-2 Sec. 30.1663. EFFECT OF ORDER OF NEW TRIAL. If the
13-3 appellate court awards a new trial to the defendant, the case
13-4 stands as if a new trial had been granted by the municipal court of
13-5 record.
13-6 Sec. 30.1664. APPEAL TO COURT OF APPEALS. The defendant has
13-7 the right to appeal to the court of appeals if the fine assessed
13-8 against the defendant exceeds $100 and if the judgment is affirmed
13-9 by the appellate court. The provisions of the Code of Criminal
13-10 Procedure relating to direct appeals from a county or a district
13-11 court to the court of appeals apply to the appeal, except that:
13-12 (1) the record and briefs in the appellate court
13-13 constitute the record and briefs on appeal to the court of appeals
13-14 unless the rules of the court of criminal appeals provide
13-15 otherwise; and
13-16 (2) the record and briefs shall be filed directly with
13-17 the court of appeals.
13-18 SECTION 2. The importance of this legislation and the
13-19 crowded condition of the calendars in both houses create an
13-20 emergency and an imperative public necessity that the
13-21 constitutional rule requiring bills to be read on three several
13-22 days in each house be suspended, and this rule is hereby suspended,
13-23 and that this Act take effect and be in force from and after its
13-24 passage, and it is so enacted.