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.
  13-25                       COMMITTEE AMENDMENT NO. 1
  13-26        Amend Senate Bill 701 on page 3 between lines 1 and 2 by
  13-27  inserting a new Subsection (d) as follows and relettering
   14-1  subsequent subsections:
   14-2        (d)  Appointments under Subsections (b) or (c) must be made
   14-3  from a list of nominees filed with the city manager by the Grand
   14-4  Prairie Municipal Court Nominations Advisory Committee.  The Grand
   14-5  Prairie Municipal Court Nominations Advisory Committee shall be
   14-6  composed of representatives of the following organizations:  the
   14-7  Mexican-American Bar Association, the J. L. Turner Bar Association
   14-8  and the Grand Prairie Bar Association.  The Grand Prairie Municipal
   14-9  Court Nominations Advisory Committee may meet as necessary.  The
  14-10  city shall provide appropriate facilities and support staff to
  14-11  allow the Grand Prairie Municipal Court Nominations Advisory
  14-12  Committee to conduct proceedings in an efficient and expeditious
  14-13  manner.
  14-14                                                               Alonzo