By Shapiro                                             S.B. No. 753
       74R380 MWV-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of municipal courts of record in Irving.
    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 A-1 to read as follows:
    1-6                        SUBCHAPTER A-1.  IRVING
    1-7        Sec. 30.0241.  Application.  This subchapter applies to the
    1-8  City of Irving.
    1-9        Sec. 30.0242.  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 may by ordinance determine the number of municipal
   1-14  courts of record that are required to dispose of the cases and may
   1-15  establish as many as are needed.  The ordinance establishing the
   1-16  courts shall give each court a numerical designation, beginning
   1-17  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. 30.0243.  Application of Other Laws.  The general law
   1-23  regarding municipal courts, the general law regarding justice
   1-24  courts on matters not covered by the law regarding municipal
    2-1  courts, and any charter provision or ordinance of the city relating
    2-2  to the municipal court apply to a municipal court of record unless
    2-3  the law, charter provision, or ordinance is in conflict or
    2-4  inconsistent with this subchapter.
    2-5        Sec. 30.0244.  Judge.  (a)  A municipal court of record is
    2-6  presided over by a municipal judge.
    2-7        (b)  If there is more than one municipal judge in the city,
    2-8  the governing body of the city shall appoint one of the judges to
    2-9  be the chief judge.
   2-10        (c)  A municipal judge, including the chief judge, is
   2-11  appointed by the governing body of the city for a term of two
   2-12  years.
   2-13        (d)  A municipal judge must be a licensed attorney in good
   2-14  standing in this state and must have two or more years of
   2-15  experience in the practice of law in this state.  The judge must be
   2-16  a citizen of the United States and of this state.  The judge shall
   2-17  devote as much time to the office as it requires.
   2-18        (e)  If there is more than one municipal court of record in
   2-19  the city, the judges may exchange benches and may sit and act for
   2-20  each other in any proceeding pending in the courts.  An act
   2-21  performed by any of the judges is binding on all parties to the
   2-22  proceeding.
   2-23        (f)  A municipal judge is entitled to a salary from the city,
   2-24  the amount of which is determined by the governing body of the
   2-25  city.  The salary may not be based directly or indirectly on fines,
   2-26  fees, or costs collected by the court.
   2-27        (g)  A municipal judge may be removed from office by the
    3-1  governing body of the city at any time.
    3-2        (h)  A municipal judge shall take judicial notice of state
    3-3  law, city ordinances, and the corporate limits of the city in a
    3-4  case tried before a municipal court of record.  A municipal judge
    3-5  may grant writs of mandamus, injunction, and attachment and other
    3-6  writs necessary to the enforcement of the jurisdiction of the court
    3-7  and may issue writs of habeas corpus in cases in which the offense
    3-8  charged is within the jurisdiction of the court.  A municipal judge
    3-9  may order a defendant and the victim or complainant in a case
   3-10  before the municipal court to engage in mediation or alternative
   3-11  dispute resolution.
   3-12        (i)  The governing body may appoint one or more qualified
   3-13  persons to be available to serve for a municipal judge who is
   3-14  temporarily absent due to illness, family death, or continuing
   3-15  legal or judicial education programs or for any other reason.  The
   3-16  chief judge, or the municipal judge if there is no chief judge,
   3-17  shall select one of the persons appointed by the governing body to
   3-18  serve during an absence.  An alternate judge, while serving, has
   3-19  all the powers and shall discharge all the duties of a municipal
   3-20  judge.  An alternate judge must have the same qualifications as a
   3-21  municipal judge.
   3-22        Sec. 30.0245.  Clerk; Other Personnel.  The city manager of
   3-23  the city may appoint a clerk of the municipal court of record who
   3-24  may hire, direct, and remove the personnel authorized in the city's
   3-25  annual budget for the clerk's office.  The clerk or the clerk's
   3-26  deputies or assistants may keep the records of the municipal courts
   3-27  of record, issue process, and generally perform the duties for the
    4-1  courts that a clerk of the county court exercising criminal
    4-2  jurisdiction is required by law to perform for that court.  The
    4-3  clerk shall perform the duties in accordance with statutes, the
    4-4  city charter, and city ordinances.
    4-5        Sec. 30.0246.  Court Reporter.  (a)  The city shall provide a
    4-6  court reporter for the purpose of preserving a record in cases
    4-7  tried before the municipal court of record.  The clerk of the court
    4-8  shall appoint the court reporter, who must meet the qualifications
    4-9  provided by law for official court reporters.  The reporter shall
   4-10  be compensated by the city in the manner determined by the
   4-11  governing body of the city.
   4-12        (b)  The court reporter may use written notes, transcribing
   4-13  equipment, video or audio recording equipment, or a combination of
   4-14  those methods to record the proceedings of the court.  The court
   4-15  reporter shall keep the record for the 20-day period beginning the
   4-16  date after the last day of the court proceeding, trial, or denial
   4-17  of motion for new trial, whichever occurs last.
   4-18        (c)  The court reporter is not required to record testimony
   4-19  in a case unless the judge or one of the parties requests a record.
   4-20  A party's request for a record must be in writing and be filed with
   4-21  the court before trial.  The judge shall tell the defendant that
   4-22  unless the trial is recorded, the defendant waives the right to
   4-23  appeal.
   4-24        (d)  The court clerk may provide that, in lieu of the city's
   4-25  providing a court reporter at trial, proceedings in a municipal
   4-26  court of record may be recorded by a good quality electronic
   4-27  recording device.  If the court clerk authorizes the electronic
    5-1  recording, the court reporter need not be present at trial to
    5-2  certify the statement of facts.  The recording shall be kept and
    5-3  stored for the 20-day period beginning the day after the last day
    5-4  of the proceeding, trial, or denial of motion for new trial,
    5-5  whichever occurs last.  The proceedings that are appealed shall be
    5-6  transcribed from the recording by an official court reporter.
    5-7        Sec. 30.0247.  Prosecutions by City Attorney.  (a)  All
    5-8  prosecutions in the municipal court of record must be conducted by
    5-9  the city attorney, an assistant or deputy city attorney, or an
   5-10  attorney designated by the city attorney as a special prosecutor.
   5-11        (b)  A trial in a criminal prosecution in the municipal court
   5-12  of record shall be bifurcated if either the state or the defendant
   5-13  requests a bifurcated trial.
   5-14        Sec. 30.0248.  Jury.  (a)  A person who is brought before a
   5-15  municipal court of record and who is charged with an offense is
   5-16  entitled to be tried by a jury of six persons unless that right is
   5-17  waived according to law.  The jury shall assess the fine in a case
   5-18  in which it finds the defendant guilty unless the defendant or the
   5-19  state requests the judge to assess a fine.
   5-20        (b)  A juror who serves in the municipal courts of record
   5-21  must meet the qualifications provided by Chapter 62.
   5-22        Sec. 30.0249.  Appeal.  (a)  A defendant has the right of
   5-23  appeal from a judgment or conviction in a municipal court of record
   5-24  as provided in this subchapter.  The state has the right to an
   5-25  appeal as provided by Article 44.01, Code of Criminal Procedure.
   5-26  The county criminal courts of Dallas County have jurisdiction over
   5-27  an appeal.
    6-1        (b)  The appellate court shall determine each appeal from a
    6-2  municipal court of record conviction on the basis of the errors
    6-3  that are set forth in the defendant's motion for new trial and that
    6-4  are presented in the transcript and statement of facts prepared
    6-5  from the proceedings leading to the conviction.  An appeal from the
    6-6  municipal court of record may not be by trial de novo.
    6-7        (c)  To perfect an appeal, the defendant must file with the
    6-8  municipal court clerk a written motion for new trial not later than
    6-9  the 10th day after the date on which judgment is rendered.  The
   6-10  motion must set forth the points of error of which the defendant
   6-11  complains.  The motion or an amended motion may be amended by leave
   6-12  of court at any time before action on the motion is taken, but not
   6-13  later than the 20th day after the date on which the original or
   6-14  amended motion is filed.  The court may for good cause extend the
   6-15  time for filing or amending but the extension may not exceed 90
   6-16  days from the original filing deadline.  If the court does not act
   6-17  on the motion before the expiration of the 30 days allowed for
   6-18  determination of the motion, the original or amended motion is
   6-19  overruled by operation of law.
   6-20        (d)  To perfect an appeal, the defendant must also give
   6-21  notice of the appeal.  If the defendant requests a hearing on the
   6-22  motion for new trial, the defendant may give the notice of appeal
   6-23  orally in open court on the overruling of the motion.  If there is
   6-24  no hearing, the defendant must give written notice of appeal and
   6-25  must file the notice with the court not later than the 10th day
   6-26  after the date on which the motion is overruled.  The court may for
   6-27  good cause extend that time period, but the extension may not
    7-1  exceed 90 days from the original filing deadline.
    7-2        (e)  The court reporter shall set a reasonable transcript
    7-3  preparation fee.  The court clerk shall note the payment of the fee
    7-4  on the docket of the court.
    7-5        Sec. 30.0250.  Appeal Bond.  (a)  If the defendant is not in
    7-6  custody, the defendant may not take an appeal until the defendant
    7-7  files an appeal bond with the municipal court of record.  The bond
    7-8  must be approved by the court and must be filed not later than the
    7-9  10th day after the date on which the motion for new trial is
   7-10  overruled.  If the defendant is in custody, the defendant shall be
   7-11  committed to jail unless the defendant posts the appeal bond.
   7-12        (b)  The appeal bond must be in the amount of $50 or double
   7-13  the amount of the fine and costs adjudged against the defendant,
   7-14  whichever is greater.  The bond must state that the defendant was
   7-15  convicted in the case and has appealed, must be payable to the
   7-16  state for the use and benefit of the city, and must be conditioned
   7-17  on the defendant's appearance in the court to which the appeal is
   7-18  taken.
   7-19        Sec. 30.0251.  Record on Appeal.  The record on appeal
   7-20  consists of a transcript and, if necessary to the appeal, a
   7-21  statement of facts.  The court reporter shall prepare the record
   7-22  from the reporter's record or mechanical or videotape recordings of
   7-23  the proceedings.   The defendant shall pay for the cost of the
   7-24  transcription.  If the court finds that the defendant is unable to
   7-25  pay or give security for the record on appeal after a hearing in
   7-26  response to an affidavit by the defendant, the court shall order
   7-27  the reporter to prepare the record without charge to the defendant.
    8-1        Sec. 30.0252.  Transcript.  (a)  On the written request of
    8-2  the defendant or the defendant's attorney, the municipal court
    8-3  clerk shall prepare under the clerk's hand and seal a transcript of
    8-4  the municipal court of record proceedings.  The transcript must
    8-5  include copies of:
    8-6              (1)  the complaint;
    8-7              (2)  material docket entries made by the court;
    8-8              (3)  the jury charge and verdict in a jury trial;
    8-9              (4)  the judgment;
   8-10              (5)  the motion for new trial;
   8-11              (6)  the notice of appeal;
   8-12              (7)  written motions and pleas;
   8-13              (8)  written orders of the court;
   8-14              (9)  any bills of exception filed with the court;
   8-15              (10)  the appeal bond; and
   8-16              (11)  exhibits admitted into evidence.
   8-17        (b)  The clerk may include in the transcript additional
   8-18  portions of the proceedings in the court prepared from mechanical
   8-19  or videotape recordings.
   8-20        Sec. 30.0253.  Bills of Exception.  Either party may include
   8-21  bills of exception in the transcript subject to the applicable
   8-22  provisions of the Code of Criminal Procedure.  The bills of
   8-23  exception must be filed with the municipal court clerk not later
   8-24  than the 60th day after the date on which the notice of appeal is
   8-25  given or filed.
   8-26        Sec. 30.0254.  Statements of Facts.  A statement of facts
   8-27  included in the record on appeal must contain:
    9-1              (1)  a transcript of all or part of the municipal court
    9-2  of record proceedings that are shown by the notes of the court
    9-3  reporter to have occurred before, during, or after the trial, if
    9-4  the transcript is requested by the defendant;
    9-5              (2)  a brief statement of the facts of the case proven
    9-6  at trial as agreed to by the defendant and the prosecuting
    9-7  attorney;
    9-8              (3)  a partial transcript and the agreed statement of
    9-9  the facts of the case; or
   9-10              (4)  a transcript of all or part of the municipal court
   9-11  of record proceedings in the case that is prepared from mechanical
   9-12  or videotape recordings of the proceedings.
   9-13        Sec. 30.0255.  Completion, Approval, and Transfer of Record.
   9-14  (a)  Not later than the 60th day after the date on which the notice
   9-15  of appeal is given or filed, the appellant must file with the
   9-16  municipal court clerk:
   9-17              (1)  the statement of facts;
   9-18              (2)  a written description of material to be included
   9-19  in the transcript in addition to the required material; and
   9-20              (3)  any material to be included in the transcript that
   9-21  is not in the custody of the clerk.
   9-22        (b)  On completion of the record, the municipal judge shall
   9-23  approve the record in the manner provided for record completion,
   9-24  approval, and notification in the court of appeals.
   9-25        (c)  After the court approves the record, the clerk shall
   9-26  promptly send it to the appellate court clerk for filing.  The
   9-27  appellate court clerk shall notify the defendant and the
   10-1  prosecuting attorney that the record has been filed.
   10-2        Sec. 30.0256.  Brief on Appeal.  (a)  A defendant's brief on
   10-3  appeal from a municipal court of record must present points of
   10-4  error in the manner required by law for a brief on appeal to the
   10-5  court of appeals.
   10-6        (b)  The defendant must file the brief with the appellate
   10-7  court clerk not later than the 15th day after the date on which the
   10-8  transcript and statement of facts are filed with that clerk.  The
   10-9  defendant or the defendant's attorney must certify that the brief
  10-10  has been properly mailed to the prosecuting attorney.
  10-11        (c)  The prosecuting attorney must file the appellee's brief,
  10-12  if any, with the appellate court clerk not later than the 15th day
  10-13  after the date on which the defendant's brief is filed.
  10-14        (d)  On filing, each party shall deliver a copy of the brief
  10-15  to the opposing party and to the municipal judge.
  10-16        Sec. 30.0257.  Court Rules.  (a)  Except as modified by this
  10-17  subchapter, the Code of Criminal Procedure governs the trial of
  10-18  cases before the municipal court of record.  The court may make and
  10-19  enforce all rules of practice and procedure necessary to expedite
  10-20  the trial of cases before the court that are not inconsistent with
  10-21  general law.
  10-22        (b)  The appellate courts may make and enforce all rules of
  10-23  practice and procedure that are not inconsistent with general law
  10-24  and that are necessary to expedite the dispatch of appeals from the
  10-25  municipal court of record.
  10-26        Sec. 30.0258.  Disposition on Appeal.  (a)  According to law
  10-27  and the nature of the case, the appellate court may:
   11-1              (1)  affirm the judgment of the municipal court of
   11-2  record;
   11-3              (2)  reverse and remand for a new trial;
   11-4              (3)  reverse and dismiss the case; or
   11-5              (4)  reform and correct the judgment.
   11-6        (b)  Unless the matter was made an issue in the trial court
   11-7  or it affirmatively appears to the contrary from the transcript or
   11-8  the statement of facts, the appellate court shall presume that:
   11-9              (1)  venue was proven in the trial court;
  11-10              (2)  the jury, if any, was properly impaneled and
  11-11  sworn;
  11-12              (3)  the defendant was arraigned and pleaded to the
  11-13  complaint; and
  11-14              (4)  the municipal judge certified the charge before it
  11-15  was read to the jury.
  11-16        (c)  In each case decided by the appellate court, the court
  11-17  shall deliver a written opinion or order either sustaining or
  11-18  overruling each assignment of error presented.  The court shall set
  11-19  forth the reasons for its decision.  The appellate court clerk
  11-20  shall mail copies of the decision to the parties and to the
  11-21  municipal judge as soon as the decision is rendered.
  11-22        Sec. 30.0259.  Certificate of Appellate Proceedings.  When
  11-23  the judgment of the appellate court becomes final, the clerk of
  11-24  that court shall certify the proceedings and the judgment and shall
  11-25  mail the certificate to the municipal court.  The court clerk shall
  11-26  file the certificate with the papers in the case and note the
  11-27  certificate on the case docket.  If the municipal court of record
   12-1  judgment is affirmed, further action to enforce the judgment is not
   12-2  necessary except to:
   12-3              (1)  forfeit the bond of the defendant;
   12-4              (2)  issue a writ of capias for the defendant; or
   12-5              (3)  issue an execution against the defendant's
   12-6  property.
   12-7        Sec. 30.0260.  Effect of Order on New Trial.  If the
   12-8  appellate court awards a new trial to the defendant, the case
   12-9  stands as if a new trial had been granted by the municipal court of
  12-10  record.
  12-11        Sec. 30.0261.  Appeal to Court of Appeals.  The defendant has
  12-12  the right to appeal to the court of appeals if the fine assessed
  12-13  against the defendant exceeds $100 and if the judgment is affirmed
  12-14  by the appellate court.  The provisions of the Code of Criminal
  12-15  Procedure relating to direct appeals from a county or a district
  12-16  court to the court of appeals apply to the appeal, except that:
  12-17              (1)  the record and briefs on appeal in the appellate
  12-18  court constitute the record and briefs on appeal to the court of
  12-19  appeals unless the rules of the court of criminal appeals provide
  12-20  otherwise; and
  12-21              (2)  the record and briefs shall be filed directly with
  12-22  the court of appeals.
  12-23        SECTION 2.  The importance of this legislation and the
  12-24  crowded condition of the calendars in both houses create an
  12-25  emergency and an imperative public necessity that the
  12-26  constitutional rule requiring bills to be read on three several
  12-27  days in each house be suspended, and this rule is hereby suspended,
   13-1  and that this Act take effect and be in force from and after its
   13-2  passage, and it is so enacted.