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 * * * * *