By: Shapiro S.B. No. 753
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of municipal courts of record in Irving.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 30, Government Code, is amended by adding
1-4 Subchapter A-1 to read as follows:
1-5 SUBCHAPTER A-1. IRVING
1-6 Sec. 30.0241. Application. This subchapter applies to the
1-7 City of Irving.
1-8 Sec. 30.0242. Creation. (a) The governing body of the city
1-9 may by ordinance create a municipal court of record if it
1-10 determines that the formation of the court is necessary to provide
1-11 a more efficient disposition of cases arising in the city. The
1-12 governing body may by ordinance determine the number of municipal
1-13 courts of record that are required to dispose of the cases and may
1-14 establish as many as are needed. The ordinance establishing the
1-15 courts shall give each court a numerical designation, beginning
1-16 with "Municipal Court of Record No. 1."
1-17 (b) A municipal court of record may not exist concurrently
1-18 with municipal courts that are not courts of record in the city.
1-19 (c) A municipal court of record has no terms and may sit at
1-20 any time for the transaction of the business of the court.
1-21 Sec. 30.0243. Application of Other Laws. The general law
1-22 regarding municipal courts, the general law regarding justice
1-23 courts on matters not covered by the law regarding municipal
1-24 courts, and any charter provision or ordinance of the city relating
2-1 to the municipal court apply to a municipal court of record unless
2-2 the law, charter provision, or ordinance is in conflict or
2-3 inconsistent with this subchapter.
2-4 Sec. 30.0244. Judge. (a) A municipal court of record is
2-5 presided over by a municipal judge.
2-6 (b) If there is more than one municipal judge in the city,
2-7 the governing body of the city shall appoint one of the judges to
2-8 be the chief judge.
2-9 (c) A municipal judge, including the chief judge, is
2-10 appointed by the governing body of the city for a term of two
2-11 years.
2-12 (d) A municipal judge must be a licensed attorney in good
2-13 standing in this state and must have two or more years of
2-14 experience in the practice of law in this state. The judge must be
2-15 a citizen of the United States and of this state. The judge shall
2-16 devote as much time to the office as it requires.
2-17 (e) If there is more than one municipal court of record in
2-18 the city, the judges may exchange benches and may sit and act for
2-19 each other in any proceeding pending in the courts. An act
2-20 performed by any of the judges is binding on all parties to the
2-21 proceeding.
2-22 (f) A municipal judge is entitled to a salary from the city,
2-23 the amount of which is determined by the governing body of the
2-24 city. The salary may not be based directly or indirectly on fines,
2-25 fees, or costs collected by the court.
2-26 (g) A municipal judge may be removed from office by the
2-27 governing body of the city at any time.
3-1 (h) A municipal judge shall take judicial notice of state
3-2 law, city ordinances, and the corporate limits of the city in a
3-3 case tried before a municipal court of record. A municipal judge
3-4 may grant writs of mandamus, injunction, and attachment and other
3-5 writs necessary to the enforcement of the jurisdiction of the court
3-6 and may issue writs of habeas corpus in cases in which the offense
3-7 charged is within the jurisdiction of the court. A municipal judge
3-8 may order a defendant and the victim or complainant in a case
3-9 before the municipal court to engage in mediation or alternative
3-10 dispute resolution.
3-11 (i) The governing body of the city may appoint one or more
3-12 qualified persons to be available to serve for a municipal judge
3-13 who is temporarily absent due to illness, family death, or
3-14 continuing legal or judicial education programs or for any other
3-15 reason. The chief judge, or the municipal judge if there is no
3-16 chief judge, shall select one of the persons appointed by the
3-17 governing body of the city to serve during an absence. An
3-18 alternate judge, while serving, has all the powers and shall
3-19 discharge all the duties of a municipal judge. An alternate judge
3-20 must have the same qualifications as a municipal judge.
3-21 Sec. 30.0245. Clerk; Other Personnel. The city manager of
3-22 the city may appoint a clerk of the municipal court of record who
3-23 may hire, direct, and remove the personnel authorized in the city's
3-24 annual budget for the clerk's office. The clerk or the clerk's
3-25 deputies or assistants may keep the records of the municipal courts
3-26 of record, issue process, and generally perform the duties for the
3-27 courts that a clerk of the county court exercising criminal
4-1 jurisdiction is required by law to perform for that court. The
4-2 clerk shall perform the duties in accordance with statutes, the
4-3 city charter, and city ordinances.
4-4 Sec. 30.0246. Court Reporter. (a) The city shall provide a
4-5 court reporter for the purpose of preserving a record in cases
4-6 tried before a municipal court of record. The clerk of the court
4-7 shall appoint the court reporter, who must meet the qualifications
4-8 provided by law for official court reporters. The reporter shall
4-9 be compensated by the city in the manner determined by the
4-10 governing body of the city.
4-11 (b) The court reporter may use written notes, transcribing
4-12 equipment, video or audio recording equipment, or a combination of
4-13 those methods to record the proceedings of the court. The court
4-14 reporter shall keep the record for the 20-day period beginning the
4-15 date after the last day of the court proceeding, trial, or denial
4-16 of motion for new trial, whichever occurs last.
4-17 (c) The court reporter is not required to record testimony
4-18 in a case unless the judge or one of the parties requests a record.
4-19 A party's request for a record must be in writing and be filed with
4-20 the court before trial. The judge shall tell the defendant that
4-21 unless the trial is recorded, the defendant waives the right to
4-22 appeal.
4-23 (d) The court clerk may provide that, in lieu of the city's
4-24 providing a court reporter at trial, proceedings in a municipal
4-25 court of record may be recorded by a good quality electronic
4-26 recording device. If the court clerk authorizes the electronic
4-27 recording, the court reporter need not be present at trial to
5-1 certify the statement of facts. The recording shall be kept and
5-2 stored for the 20-day period beginning the day after the last day
5-3 of the proceeding, trial, or denial of motion for new trial,
5-4 whichever occurs last. The proceedings that are appealed shall be
5-5 transcribed from the recording by an official court reporter.
5-6 Sec. 30.0247. Prosecutions by City Attorney. (a) All
5-7 prosecutions in the municipal court of record must be conducted by
5-8 the city attorney, an assistant or deputy city attorney, or an
5-9 attorney designated by the city attorney as a special prosecutor.
5-10 (b) A trial in a criminal prosecution in a municipal court
5-11 of record shall be bifurcated if either the state or the defendant
5-12 requests a bifurcated trial.
5-13 Sec. 30.0248. Jury. (a) A person who is brought before a
5-14 municipal court of record and who is charged with an offense is
5-15 entitled to be tried by a jury of six persons unless that right is
5-16 waived according to law. The jury shall assess the fine in a case
5-17 in which it finds the defendant guilty unless the defendant or the
5-18 state requests the judge to assess a fine.
5-19 (b) A juror who serves in the municipal courts of record
5-20 must meet the qualifications provided by Chapter 62.
5-21 Sec. 30.0249. Appeal. (a) A defendant has the right of
5-22 appeal from a judgment or conviction in a municipal court of record
5-23 as provided in this subchapter. The state has the right to an
5-24 appeal as provided by Article 44.01, Code of Criminal Procedure.
5-25 The county criminal courts of Dallas County have jurisdiction over
5-26 an appeal.
5-27 (b) The appellate court shall determine each appeal from a
6-1 municipal court of record conviction on the basis of the errors
6-2 that are set forth in the defendant's motion for new trial and that
6-3 are presented in the transcript and statement of facts prepared
6-4 from the proceedings leading to the conviction. An appeal from the
6-5 municipal court of record may not be by trial de novo.
6-6 (c) To perfect an appeal, the defendant must file with the
6-7 municipal court clerk a written motion for new trial not later than
6-8 the 10th day after the date on which judgment is rendered. The
6-9 motion must set forth the points of error of which the defendant
6-10 complains. The motion or an amended motion may be amended by leave
6-11 of court at any time before action on the motion is taken, but not
6-12 later than the 20th day after the date on which the original or
6-13 amended motion is filed. The court may for good cause extend the
6-14 time for filing or amending but the extension may not exceed 90
6-15 days from the original filing deadline. If the court does not act
6-16 on the motion before the expiration of the 30 days allowed for
6-17 determination of the motion, the original or amended motion is
6-18 overruled by operation of law.
6-19 (d) To perfect an appeal, the defendant must also give
6-20 notice of the appeal. If the defendant requests a hearing on the
6-21 motion for new trial, the defendant may give the notice of appeal
6-22 orally in open court on the overruling of the motion. If there is
6-23 no hearing, the defendant must give written notice of appeal and
6-24 must file the notice with the court not later than the 10th day
6-25 after the date on which the motion is overruled. The court may for
6-26 good cause extend that time period, but the extension may not
6-27 exceed 90 days from the original filing deadline.
7-1 (e) The court reporter shall set a reasonable transcript
7-2 preparation fee. The court clerk shall note the payment of the fee
7-3 on the docket of the court.
7-4 Sec. 30.0250. Appeal Bond. (a) If the defendant is not in
7-5 custody, the defendant may not take an appeal until the defendant
7-6 files an appeal bond with the municipal court of record. The bond
7-7 must be approved by the court and must be filed not later than the
7-8 10th day after the date on which the motion for new trial is
7-9 overruled. If the defendant is in custody, the defendant shall be
7-10 committed to jail unless the defendant posts the appeal bond.
7-11 (b) The appeal bond must be in the amount of $50 or double
7-12 the amount of the fine and costs adjudged against the defendant,
7-13 whichever is greater. The bond must state that the defendant was
7-14 convicted in the case and has appealed, must be payable to the
7-15 state for the use and benefit of the city, and must be conditioned
7-16 on the defendant's appearance in the court to which the appeal is
7-17 taken.
7-18 Sec. 30.0251. Record on Appeal. The record on appeal
7-19 consists of a transcript and, if necessary to the appeal, a
7-20 statement of facts. The court reporter shall prepare the record
7-21 from the reporter's record or mechanical or videotape recordings of
7-22 the proceedings. The defendant shall pay for the cost of the
7-23 transcription. If the court finds that the defendant is unable to
7-24 pay or give security for the record on appeal after a hearing in
7-25 response to an affidavit by the defendant, the court shall order
7-26 the reporter to prepare the record without charge to the defendant.
7-27 Sec. 30.0252. Transcript. (a) On the written request of
8-1 the defendant or the defendant's attorney, the municipal court
8-2 clerk shall prepare under the clerk's hand and seal a transcript of
8-3 the municipal court of record proceedings. The transcript must
8-4 include copies of:
8-5 (1) the complaint;
8-6 (2) material docket entries made by the court;
8-7 (3) the jury charge and verdict in a jury trial;
8-8 (4) the judgment;
8-9 (5) the motion for new trial;
8-10 (6) the notice of appeal;
8-11 (7) written motions and pleas;
8-12 (8) written orders of the court;
8-13 (9) any bills of exception filed with the court;
8-14 (10) the appeal bond; and
8-15 (11) exhibits admitted into evidence.
8-16 (b) The clerk may include in the transcript additional
8-17 portions of the proceedings in the court prepared from mechanical
8-18 or videotape recordings.
8-19 Sec. 30.0253. Bills of Exception. Either party may include
8-20 bills of exception in the transcript subject to the applicable
8-21 provisions of the Code of Criminal Procedure. The bills of
8-22 exception must be filed with the municipal court clerk not later
8-23 than the 60th day after the date on which the notice of appeal is
8-24 given or filed.
8-25 Sec. 30.0254. Statements of Facts. A statement of facts
8-26 included in the record on appeal must contain:
8-27 (1) a transcript of all or part of the municipal court
9-1 of record proceedings that are shown by the notes of the court
9-2 reporter to have occurred before, during, or after the trial, if
9-3 the transcript is requested by the defendant;
9-4 (2) a brief statement of the facts of the case proven
9-5 at trial as agreed to by the defendant and the prosecuting
9-6 attorney;
9-7 (3) a partial transcript and the agreed statement of
9-8 the facts of the case; or
9-9 (4) a transcript of all or part of the municipal court
9-10 of record proceedings in the case that is prepared from mechanical
9-11 or videotape recordings of the proceedings.
9-12 Sec. 30.0255. Completion, Approval, and Transfer of Record.
9-13 (a) Not later than the 60th day after the date on which the notice
9-14 of appeal is given or filed, the appellant must file with the
9-15 municipal court clerk:
9-16 (1) the statement of facts;
9-17 (2) a written description of material to be included
9-18 in the transcript in addition to the required material; and
9-19 (3) any material to be included in the transcript that
9-20 is not in the custody of the clerk.
9-21 (b) On completion of the record, the municipal judge shall
9-22 approve the record in the manner provided for record completion,
9-23 approval, and notification in the court of appeals.
9-24 (c) After the court approves the record, the clerk shall
9-25 promptly send it to the appellate court clerk for filing. The
9-26 appellate court clerk shall notify the defendant and the
9-27 prosecuting attorney that the record has been filed.
10-1 Sec. 30.0256. Brief on Appeal. (a) A defendant's brief on
10-2 appeal from a municipal court of record must present points of
10-3 error in the manner required by law for a brief on appeal to the
10-4 court of appeals.
10-5 (b) The defendant must file the brief with the appellate
10-6 court clerk not later than the 15th day after the date on which the
10-7 transcript and statement of facts are filed with that clerk. The
10-8 defendant or the defendant's attorney must certify that the brief
10-9 has been properly mailed to the prosecuting attorney.
10-10 (c) The prosecuting attorney must file the appellee's brief,
10-11 if any, with the appellate court clerk not later than the 15th day
10-12 after the date on which the defendant's brief is filed.
10-13 (d) On filing, each party shall deliver a copy of the brief
10-14 to the opposing party and to the municipal judge.
10-15 Sec. 30.0257. Court Rules. (a) Except as modified by this
10-16 subchapter, the Code of Criminal Procedure governs the trial of
10-17 cases before the municipal court of record. The court may make and
10-18 enforce all rules of practice and procedure necessary to expedite
10-19 the trial of cases before the court that are not inconsistent with
10-20 general law.
10-21 (b) The appellate courts may make and enforce all rules of
10-22 practice and procedure that are not inconsistent with general law
10-23 and that are necessary to expedite the dispatch of appeals from the
10-24 municipal court of record.
10-25 Sec. 30.0258. Disposition on Appeal. (a) According to law
10-26 and the nature of the case, the appellate court may:
10-27 (1) affirm the judgment of the municipal court of
11-1 record;
11-2 (2) reverse and remand for a new trial;
11-3 (3) reverse and dismiss the case; or
11-4 (4) reform and correct the judgment.
11-5 (b) Unless the matter was made an issue in the trial court
11-6 or it affirmatively appears to the contrary from the transcript or
11-7 the statement of facts, the appellate court shall presume that:
11-8 (1) venue was proven in the trial court;
11-9 (2) the jury, if any, was properly impaneled and
11-10 sworn;
11-11 (3) the defendant was arraigned and pleaded to the
11-12 complaint; and
11-13 (4) the municipal judge certified the charge before it
11-14 was read to the jury.
11-15 (c) In each case decided by the appellate court, the court
11-16 shall deliver a written opinion or order either sustaining or
11-17 overruling each assignment of error presented. The court shall set
11-18 forth the reasons for its decision. The appellate court clerk
11-19 shall mail copies of the decision to the parties and to the
11-20 municipal judge as soon as the decision is rendered.
11-21 Sec. 30.0259. Certificate of Appellate Proceedings. When
11-22 the judgment of the appellate court becomes final, the clerk of
11-23 that court shall certify the proceedings and the judgment and shall
11-24 mail the certificate to the municipal court. The court clerk shall
11-25 file the certificate with the papers in the case and note the
11-26 certificate on the case docket. If the municipal court of record
11-27 judgment is affirmed, further action to enforce the judgment is not
12-1 necessary except to:
12-2 (1) forfeit the bond of the defendant;
12-3 (2) issue a writ of capias for the defendant; or
12-4 (3) issue an execution against the defendant's
12-5 property.
12-6 Sec. 30.0260. Effect of Order on New Trial. If the
12-7 appellate court awards a new trial to the defendant, the case
12-8 stands as if a new trial had been granted by the municipal court of
12-9 record.
12-10 Sec. 30.0261. Appeal to Court of Appeals. The defendant has
12-11 the right to appeal to the court of appeals if the fine assessed
12-12 against the defendant exceeds $100 and if the judgment is affirmed
12-13 by the appellate court. The provisions of the Code of Criminal
12-14 Procedure relating to direct appeals from a county or a district
12-15 court to the court of appeals apply to the appeal, except that:
12-16 (1) the record and briefs on appeal in the appellate
12-17 court constitute the record and briefs on appeal to the court of
12-18 appeals unless the rules of the court of criminal appeals provide
12-19 otherwise; and
12-20 (2) the record and briefs shall be filed directly with
12-21 the court of appeals.
12-22 SECTION 2. The importance of this legislation and the
12-23 crowded condition of the calendars in both houses create an
12-24 emergency and an imperative public necessity that the
12-25 constitutional rule requiring bills to be read on three several
12-26 days in each house be suspended, and this rule is hereby suspended,
12-27 and that this Act take effect and be in force from and after its
13-1 passage, and it is so enacted.