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 * * * * *