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