1-1        By:  West                                        S.B. No. 701
    1-2        (In the Senate - Filed February 22, 1995; February 23, 1995,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  April 4, 1995, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; April 4, 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 Grand
    1-9  Prairie.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Chapter 30, Government Code, is amended by adding
   1-12  Subchapter U to read as follows:
   1-13                     SUBCHAPTER U.  GRAND PRAIRIE
   1-14        Sec. 30.1641.  APPLICATION.  This subchapter applies to the
   1-15  City of Grand Prairie.
   1-16        Sec. 30.1642.  CREATION.  (a)  The governing body of the city
   1-17  may by ordinance create a municipal court of record if it
   1-18  determines that the formation of the court is necessary to provide
   1-19  a more efficient disposition of cases arising in the city.  The
   1-20  governing body of the city may by ordinance determine the number of
   1-21  municipal courts of record that are required to dispose of the
   1-22  cases and may establish as many as are needed.  The ordinances
   1-23  establishing the courts shall give each court a numerical
   1-24  designation, beginning with "Municipal Court of Record No. 1."
   1-25        (b)  A municipal court of record may not exist concurrently
   1-26  with municipal courts that are not courts of record in the city.
   1-27        (c)  A municipal court of record has no terms and may sit at
   1-28  any time for the transaction of the business of the court.
   1-29        Sec. 30.1643.  JURISDICTION.  (a)  A municipal court of
   1-30  record created under this subchapter has the jurisdiction provided
   1-31  by general law for municipal courts.
   1-32        (b)  The court has jurisdiction over cases arising outside
   1-33  the territorial limits of the city under the ordinances authorized
   1-34  by Sections 215.072, 217.042, 341.903, and 401.002, Local
   1-35  Government Code.
   1-36        Sec. 30.1644.  WRIT POWER.  The judge of a municipal court of
   1-37  record created under this subchapter may grant writs of mandamus,
   1-38  injunction, attachment, and other writs necessary to the
   1-39  enforcement of the jurisdiction of the court and may issue writs of
   1-40  habeas corpus in cases in which the offense charged is within the
   1-41  jurisdiction of the court.
   1-42        Sec. 30.1645.  APPLICATION OF OTHER LAWS.  The general law
   1-43  regarding municipal courts, the general law regarding justice
   1-44  courts on matters not covered by the law regarding municipal
   1-45  courts, and any charter provision or ordinance of the city relating
   1-46  to the municipal court apply to a municipal court of record unless
   1-47  the law, charter provision, or ordinance is in conflict or
   1-48  inconsistent with this subchapter.
   1-49        Sec. 30.1646.  JUDGE.  (a)  A municipal court of record is
   1-50  presided over by a municipal judge.
   1-51        (b)  If there is more than one municipal court judge in the
   1-52  city, the governing body of the city shall appoint one of the
   1-53  judges to be the chief judge.
   1-54        (c)  A municipal judge, including the chief judge, is
   1-55  appointed by the governing body of the city.  The judge holds
   1-56  office at the will and pleasure of the governing body of the city.
   1-57        (d)  A municipal judge must be a licensed attorney in good
   1-58  standing in this state and must have two or more years of
   1-59  experience in the practice of law in this state.  The judge must be
   1-60  a citizen of the United States and a resident of this state.  The
   1-61  judge need not be a resident of the city.  The judge shall devote
   1-62  as much time to the office as it requires.
   1-63        (e)  If there is more than one municipal court of record in
   1-64  the city, the judges may exchange benches and may sit and act for
   1-65  each other in any proceeding pending in the courts.  An act
   1-66  performed by any of the judges is binding on all parties to the
   1-67  proceeding.
   1-68        (f)  A municipal judge is entitled to a salary from the city
    2-1  in an amount determined by the governing body of the city.
    2-2        (g)  A municipal judge shall take judicial notice of the city
    2-3  ordinances and the corporate limits of the city in a case tried
    2-4  before a municipal court of record.
    2-5        (h)  Vacancies in the office of municipal judge shall be
    2-6  filled in the same manner as the appointment of the municipal
    2-7  judge.
    2-8        (i)  The governing body of the city may appoint one or more
    2-9  qualified persons to be available to serve for a municipal judge
   2-10  who is temporarily absent due to illness, family death, continuing
   2-11  legal or judicial education programs, or for any other reason.  The
   2-12  chief judge, or the municipal judge if there is no chief judge,
   2-13  shall select one or more persons appointed by the city to serve
   2-14  during an absence.  An alternate judge, while serving, has all the
   2-15  powers and shall discharge all the duties of a municipal judge.  An
   2-16  alternate judge must have the same qualifications as a municipal
   2-17  judge.
   2-18        Sec. 30.1647.  CLERK; OTHER PERSONNEL.  The city manager
   2-19  shall appoint a clerk of a municipal court of record who may hire,
   2-20  direct, and remove the personnel authorized in the city's annual
   2-21  budget for the clerk's office.  The clerk or the clerk's deputies
   2-22  shall keep the records of the municipal courts of record, issue
   2-23  process, and generally perform the duties for the courts that a
   2-24  clerk of the county court exercising criminal jurisdiction is
   2-25  required by law to perform for that court.  The clerk shall perform
   2-26  the duties in accordance with statutes, the city charter, and city
   2-27  ordinances.
   2-28        Sec. 30.1648.  COURT REPORTER.  (a)  The city shall provide a
   2-29  court reporter to preserve a record in cases tried before a
   2-30  municipal court of record.  The clerk of the court shall appoint
   2-31  the court reporter who must meet the qualifications provided by law
   2-32  for official court reporters.  The reporter shall be compensated by
   2-33  the city in the manner determined by the city manager.
   2-34        (b)  The court reporter may use written notes, transcribing
   2-35  equipment, video or audio recording equipment, or a combination of
   2-36  those methods to record the proceedings of the court.  The court
   2-37  reporter shall keep the record for the 20-day period beginning the
   2-38  day after the last day of the court proceeding, trial, or denial of
   2-39  motion for new trial, whichever occurs last.
   2-40        (c)  The court reporter is not required to record testimony
   2-41  in a case unless the judge or one of the parties requests a record.
   2-42  A party's request for a record must be in writing and filed with
   2-43  the court before trial.
   2-44        (d)  The governing body of the city may provide that, in lieu
   2-45  of providing a court reporter at trial, proceedings in a municipal
   2-46  court of record may be recorded by a good quality electronic
   2-47  recording device.  If the governing body of the city authorizes the
   2-48  electronic recording, the court reporter need not be present at
   2-49  trial to certify the statement of facts.  The recording shall be
   2-50  kept and stored for the 20-day period beginning the day after the
   2-51  last day of the proceeding, trial, or denial of motion for new
   2-52  trial, whichever occurs last.  The proceedings that are appealed
   2-53  shall be transcribed from the recording by an official court
   2-54  reporter.
   2-55        Sec. 30.1649.  PROSECUTIONS BY CITY ATTORNEY.  All
   2-56  prosecutions in a municipal court of record must be conducted by
   2-57  the city attorney or an assistant or deputy city attorney.
   2-58        Sec. 30.1650.  COMPLAINT; PLEADING.  (a)  A proceeding in a
   2-59  municipal court of record commences with the filing of a written
   2-60  complaint.  A complaint must begin "In the name and by authority of
   2-61  the State of Texas" and must conclude "Against the peace and
   2-62  dignity of the State."
   2-63        (b)  Complaints must comply with Article 45.17, Code of
   2-64  Criminal Procedure.
   2-65        (c)  Pleadings must be in writing and filed with the
   2-66  municipal court clerk.
   2-67        Sec. 30.1651.  JURY.  (a)  A person who is brought before a
   2-68  municipal court of record and who is charged with an offense is
   2-69  entitled to be tried by a jury of six persons unless that right is
   2-70  waived according to law.  The jury shall decide all questions of
    3-1  fact or credibility of witnesses.  The court shall determine all
    3-2  matters of law and shall charge the jury on the law.
    3-3        (b)  A juror who serves in the municipal courts of record
    3-4  must meet the qualifications provided by Chapter 62.
    3-5        Sec. 30.1652.  COURT RULES.  (a)  Except as modified by this
    3-6  subchapter, the Code of Criminal Procedure as applied to county
    3-7  courts at law governs the trial of cases before municipal courts of
    3-8  record.
    3-9        (b)  Bonds must be payable to the state for the use and
   3-10  benefit of the city.  The court may not assess court costs other
   3-11  than warrant fees, capias fees, and other fees authorized for
   3-12  municipal courts.
   3-13        (c)  A peace officer may serve a process issued by a
   3-14  municipal court of record.
   3-15        (d)  On conviction, judgment and sentence are in the name of
   3-16  the state, and the state recovers from the defendant the fine and
   3-17  fees for the use and benefit of the city.  The court may require
   3-18  the defendant to remain in the custody of the chief of police until
   3-19  the fines and costs are paid and shall order that execution issue
   3-20  to collect the fines and penalties.
   3-21        (e)  Fines, fees, costs, and bonds shall be paid to the
   3-22  municipal court clerk, who shall deposit them in the city general
   3-23  fund.
   3-24        Sec. 30.1653.  APPEAL.  (a)  A defendant has the right of
   3-25  appeal from a judgment or conviction in a municipal court of record
   3-26  as provided in this subchapter.  The county criminal courts of
   3-27  appeal of Dallas County have jurisdiction over appeals from the
   3-28  municipal courts of record.
   3-29        (b)  The appellate court shall determine each appeal from a
   3-30  municipal court of record conviction on the basis of the errors
   3-31  that are set forth in the defendant's motion for new trial and that
   3-32  are presented in the transcript and statement of facts prepared
   3-33  from the proceedings leading to the conviction.  An appeal from the
   3-34  municipal court of record may not be by trial de novo.
   3-35        (c)  To perfect an appeal, the defendant must file with the
   3-36  municipal court clerk a written motion for new trial not later than
   3-37  the 10th day after the date on which judgment is rendered.  The
   3-38  motion must set forth the points of error of which the defendant
   3-39  complains.  The motion or an amended motion may be amended by leave
   3-40  of court at any time before action on the motion is taken but not
   3-41  later than the 20th day after the date on which the original or
   3-42  amended motion is filed.  The court may for good cause extend the
   3-43  time for filing or amending, but the extension may not exceed 90
   3-44  days from the original filing deadline.  If the court does not act
   3-45  on the motion or an amended motion before the expiration of 30 days
   3-46  after it is filed with the clerk, the motion or amended motion is
   3-47  overruled by operation of law.
   3-48        (d)  To perfect an appeal, the defendant must also give
   3-49  notice of the appeal.  If the defendant requests a hearing on the
   3-50  motion for new trial, the appellant may give the notice of appeal
   3-51  orally in open court on the overruling of the motion.  If there is
   3-52  no hearing, the defendant must give written notice of appeal and
   3-53  must file the notice with the court not later than the 10th day
   3-54  after the date on which the motion is overruled.  The court may for
   3-55  good cause extend that time period, but the extension may not
   3-56  exceed 90 days from the original filing deadline.
   3-57        Sec. 30.1654.  APPEAL BOND.  (a)  If the defendant is not in
   3-58  custody, the defendant may not take an appeal until the defendant
   3-59  files an appeal bond with the municipal court of record.  The bond
   3-60  must be approved by the court and must be filed not later than the
   3-61  10th day after the date on which the motion for new trial is
   3-62  overruled.  If the defendant is in custody, the defendant shall be
   3-63  committed to jail unless the defendant posts the appeal bond.
   3-64        (b)  The appeal bond must be in the amount of $50 or double
   3-65  the amount of the fine and costs adjudged against the defendant,
   3-66  whichever is greater.  The bond must state that the defendant was
   3-67  convicted in the case and has appealed, must be payable to the
   3-68  state for the use and benefit of the city, and must be conditioned
   3-69  on the defendant's appearance in the court to which the appeal is
   3-70  taken.
    4-1        Sec. 30.1655.  RECORD ON APPEAL.  The record on appeal
    4-2  consists of a transcript and, if necessary to the appeal, a
    4-3  statement of facts.  The court reporter shall prepare the record
    4-4  from the reporter's record or mechanical or videotape recordings of
    4-5  the proceedings.  The defendant shall pay for the cost of the
    4-6  transcription.  If the court finds that the defendant is unable to
    4-7  pay or give security for the record on appeal after a hearing in
    4-8  response to an affidavit by the defendant, the court shall order
    4-9  the reporter to prepare the record without charge to the defendant.
   4-10  If the case is reversed on appeal, the court shall promptly refund
   4-11  the cost to the defendant.
   4-12        Sec. 30.1656.  TRANSCRIPT.  (a)  On the written request of
   4-13  the defendant or defendant's attorney, the municipal court clerk
   4-14  shall prepare under the clerk's hand and seal a transcript of the
   4-15  municipal court of record proceedings.  The transcript must include
   4-16  copies of:
   4-17              (1)  the complaint;
   4-18              (2)  material docket entries made by the court;
   4-19              (3)  the jury charge and verdict in a jury trial;
   4-20              (4)  the judgment;
   4-21              (5)  the motion for new trial;
   4-22              (6)  the notice of appeal;
   4-23              (7)  written motions and pleas;
   4-24              (8)  written orders of the court;
   4-25              (9)  any bills of exception filed with the court;
   4-26              (10)  the appeal bond; and
   4-27              (11)  exhibits admitted into evidence.
   4-28        (b)  The clerk may include in the transcript additional
   4-29  portions of the proceedings in the court prepared from mechanical
   4-30  or videotape recordings.
   4-31        Sec. 30.1657.  BILLS OF EXCEPTION.  Either party may include
   4-32  bills of exception in the transcript subject to the applicable
   4-33  provisions of the Code of Criminal Procedure. The bills of
   4-34  exception must be filed with the municipal court clerk not later
   4-35  than the 60th day after the date on which the notice of appeal is
   4-36  given or filed.
   4-37        Sec. 30.1658.  STATEMENTS OF FACTS.  A statement of facts
   4-38  included in the record on appeal must contain:
   4-39              (1)  a transcript of all or part of the municipal court
   4-40  of record proceedings that are shown by the notes of the court
   4-41  reporter to have occurred before, during, or after the trial, if
   4-42  the transcript is requested by the defendant;
   4-43              (2)  a brief statement of the facts of the case proven
   4-44  at trial as agreed to by the defendant and the prosecuting
   4-45  attorney;
   4-46              (3)  a partial transcript and the agreed statement of
   4-47  the facts of the case; or
   4-48              (4)  a transcript of all or part of the municipal court
   4-49  of record proceedings in the case that is prepared from mechanical
   4-50  or videotape recordings of the proceedings.
   4-51        Sec. 30.1659.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
   4-52  (a)  Not later than the 60th day after the date on which the notice
   4-53  of appeal is given or filed, the parties must file with the
   4-54  municipal court clerk:
   4-55              (1)  the statement of facts;
   4-56              (2)  a written description of material to be included
   4-57  in the transcript in addition to the required material; and
   4-58              (3)  any material to be included in the transcript that
   4-59  is not in the custody of the clerk.
   4-60        (b)  On completion of the record, the municipal judge shall
   4-61  approve the record in the manner provided for record completion,
   4-62  approval, and notification in the court of appeals.
   4-63        (c)  After the court approves the record, the clerk shall
   4-64  promptly send it to the appellate court clerk for filing.  The
   4-65  appellate court clerk shall notify the defendant and the
   4-66  prosecuting attorney that the record has been filed.
   4-67        Sec. 30.1660.  BRIEF ON APPEAL.  (a)  A defendant's brief on
   4-68  appeal from a municipal court of record must present points of
   4-69  error in the manner required by law for a brief on appeal to the
   4-70  court of appeals.
    5-1        (b)  The defendant must file with the appellate court clerk
    5-2  not later than the 15th day after the date on which the transcript
    5-3  and statement of facts are filed with the clerk.  The defendant or
    5-4  the defendant's attorney must certify that the brief has been
    5-5  properly mailed to the prosecuting attorney.
    5-6        (c)  The prosecuting attorney must file the appellee's brief
    5-7  with the appellate court clerk not later than the 15th day after
    5-8  the date on which the defendant's brief is filed.
    5-9        (d)  On filing, each party shall deliver a copy of the brief
   5-10  to the opposing party and to the municipal judge.
   5-11        Sec. 30.1661.  PROCEDURE; DISPOSITION ON APPEAL.  (a)  The
   5-12  appellate court shall hear appeals from the municipal court of
   5-13  record at the earliest possible time with due regard to the rights
   5-14  of the parties and the proper administration of justice.  The court
   5-15  may determine the rules for oral argument.  The case may be
   5-16  submitted on the record and briefs without oral argument.
   5-17        (b)  According to law and the nature of the case, the
   5-18  appellate court may:
   5-19              (1)  affirm the judgment of the municipal court of
   5-20  record;
   5-21              (2)  reverse and remand for a new trial;
   5-22              (3)  reverse and dismiss the case; or
   5-23              (4)  reform and correct the judgment.
   5-24        (c)  Unless the matter was made an issue in the trial court
   5-25  or it affirmatively appears to the contrary from the transcript or
   5-26  the statement of facts, the appellate court shall presume that:
   5-27              (1)  venue was proven in the trial court;
   5-28              (2)  the jury, if any, was properly impaneled and
   5-29  sworn;
   5-30              (3)  the defendant was arraigned and pleaded to the
   5-31  complaint; and
   5-32              (4)  the municipal judge certified the charge before it
   5-33  was read to the jury.
   5-34        (d)  In each case decided by the appellate court, the court
   5-35  shall deliver a written opinion or order either sustaining or
   5-36  overruling each assignment of error presented.  The court shall set
   5-37  forth the reasons for its decision.  The appellate court clerk
   5-38  shall mail copies of the decision to the parties and to the
   5-39  municipal judge as soon as the decision is rendered.
   5-40        Sec. 30.1662.  CERTIFICATE OF APPELLATE PROCEEDINGS.  When
   5-41  the judgment of the appellate court becomes final, the clerk of
   5-42  that court shall certify the proceedings and the judgment and shall
   5-43  mail the certificate to the municipal court.  The court clerk shall
   5-44  file the certificate with the papers in the case and note the
   5-45  certificate on the case docket.  If the municipal court of record
   5-46  judgment is affirmed, further action to enforce the judgment is not
   5-47  necessary except to:
   5-48              (1)  forfeit the bond of the defendant;
   5-49              (2)  issue a writ of capias for the defendant; or
   5-50              (3)  issue an exception against the defendant's
   5-51  property.
   5-52        Sec. 30.1663.  EFFECT OF ORDER OF NEW TRIAL.  If the
   5-53  appellate court awards a new trial to the defendant, the case
   5-54  stands as if a new trial had been granted by the municipal court of
   5-55  record.
   5-56        Sec. 30.1664.  APPEAL TO COURT OF APPEALS.  The defendant has
   5-57  the right to appeal to the court of appeals if the fine assessed
   5-58  against the defendant exceeds $100 and if the judgment is affirmed
   5-59  by the appellate court.  The provisions of the Code of Criminal
   5-60  Procedure relating to direct appeals from a county or a district
   5-61  court to the court of appeals apply to the appeal, except that:
   5-62              (1)  the record and briefs in the appellate court
   5-63  constitute the record and briefs on appeal to the court of appeals
   5-64  unless the rules of the court of criminal appeals provide
   5-65  otherwise; and
   5-66              (2)  the record and briefs shall be filed directly with
   5-67  the court of appeals.
   5-68        SECTION 2.  The importance of this legislation and the
   5-69  crowded condition of the calendars in both houses create an
   5-70  emergency and an imperative public necessity that the
    6-1  constitutional rule requiring bills to be read on three several
    6-2  days in each house be suspended, and this rule is hereby suspended,
    6-3  and that this Act take effect and be in force from and after its
    6-4  passage, and it is so enacted.
    6-5                               * * * * *