1-1 By: Shapiro S.B. No. 753 1-2 (In the Senate - Filed February 24, 1995; February 27, 1995, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 March 21, 1995, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; March 21, 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 Irving. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Chapter 30, Government Code, is amended by adding 1-11 Subchapter A-1 to read as follows: 1-12 SUBCHAPTER A-1. IRVING 1-13 Sec. 30.0241. Application. This subchapter applies to the 1-14 City of Irving. 1-15 Sec. 30.0242. Creation. (a) The governing body of the city 1-16 may by ordinance create a municipal court of record if it 1-17 determines that the formation of the court is necessary to provide 1-18 a more efficient disposition of cases arising in the city. The 1-19 governing body may by ordinance determine the number of municipal 1-20 courts of record that are required to dispose of the cases and may 1-21 establish as many as are needed. The ordinance establishing the 1-22 courts shall give each court a numerical designation, beginning 1-23 with "Municipal Court of Record No. 1." 1-24 (b) A municipal court of record may not exist concurrently 1-25 with municipal courts that are not courts of record in the city. 1-26 (c) A municipal court of record has no terms and may sit at 1-27 any time for the transaction of the business of the court. 1-28 Sec. 30.0243. Application of Other Laws. The general law 1-29 regarding municipal courts, the general law regarding justice 1-30 courts on matters not covered by the law regarding municipal 1-31 courts, and any charter provision or ordinance of the city relating 1-32 to the municipal court apply to a municipal court of record unless 1-33 the law, charter provision, or ordinance is in conflict or 1-34 inconsistent with this subchapter. 1-35 Sec. 30.0244. Judge. (a) A municipal court of record is 1-36 presided over by a municipal judge. 1-37 (b) If there is more than one municipal judge in the city, 1-38 the governing body of the city shall appoint one of the judges to 1-39 be the chief judge. 1-40 (c) A municipal judge, including the chief judge, is 1-41 appointed by the governing body of the city for a term of two 1-42 years. 1-43 (d) A municipal judge must be a licensed attorney in good 1-44 standing in this state and must have two or more years of 1-45 experience in the practice of law in this state. The judge must be 1-46 a citizen of the United States and of this state. The judge shall 1-47 devote as much time to the office as it requires. 1-48 (e) If there is more than one municipal court of record in 1-49 the city, the judges may exchange benches and may sit and act for 1-50 each other in any proceeding pending in the courts. An act 1-51 performed by any of the judges is binding on all parties to the 1-52 proceeding. 1-53 (f) A municipal judge is entitled to a salary from the city, 1-54 the amount of which is determined by the governing body of the 1-55 city. The salary may not be based directly or indirectly on fines, 1-56 fees, or costs collected by the court. 1-57 (g) A municipal judge may be removed from office by the 1-58 governing body of the city at any time. 1-59 (h) A municipal judge shall take judicial notice of state 1-60 law, city ordinances, and the corporate limits of the city in a 1-61 case tried before a municipal court of record. A municipal judge 1-62 may grant writs of mandamus, injunction, and attachment and other 1-63 writs necessary to the enforcement of the jurisdiction of the court 1-64 and may issue writs of habeas corpus in cases in which the offense 1-65 charged is within the jurisdiction of the court. A municipal judge 1-66 may order a defendant and the victim or complainant in a case 1-67 before the municipal court to engage in mediation or alternative 1-68 dispute resolution. 2-1 (i) The governing body of the city may appoint one or more 2-2 qualified persons to be available to serve for a municipal judge 2-3 who is temporarily absent due to illness, family death, or 2-4 continuing legal or judicial education programs or for any other 2-5 reason. The chief judge, or the municipal judge if there is no 2-6 chief judge, shall select one of the persons appointed by the 2-7 governing body of the city to serve during an absence. An 2-8 alternate judge, while serving, has all the powers and shall 2-9 discharge all the duties of a municipal judge. An alternate judge 2-10 must have the same qualifications as a municipal judge. 2-11 Sec. 30.0245. Clerk; Other Personnel. The city manager of 2-12 the city may appoint a clerk of the municipal court of record who 2-13 may hire, direct, and remove the personnel authorized in the city's 2-14 annual budget for the clerk's office. The clerk or the clerk's 2-15 deputies or assistants may keep the records of the municipal courts 2-16 of record, issue process, and generally perform the duties for the 2-17 courts that a clerk of the county court exercising criminal 2-18 jurisdiction is required by law to perform for that court. The 2-19 clerk shall perform the duties in accordance with statutes, the 2-20 city charter, and city ordinances. 2-21 Sec. 30.0246. Court Reporter. (a) The city shall provide a 2-22 court reporter for the purpose of preserving a record in cases 2-23 tried before a municipal court of record. The clerk of the court 2-24 shall appoint the court reporter, who must meet the qualifications 2-25 provided by law for official court reporters. The reporter shall 2-26 be compensated by the city in the manner determined by the 2-27 governing body of the city. 2-28 (b) The court reporter may use written notes, transcribing 2-29 equipment, video or audio recording equipment, or a combination of 2-30 those methods to record the proceedings of the court. The court 2-31 reporter shall keep the record for the 20-day period beginning the 2-32 date after the last day of the court proceeding, trial, or denial 2-33 of motion for new trial, whichever occurs last. 2-34 (c) The court reporter is not required to record testimony 2-35 in a case unless the judge or one of the parties requests a record. 2-36 A party's request for a record must be in writing and be filed with 2-37 the court before trial. The judge shall tell the defendant that 2-38 unless the trial is recorded, the defendant waives the right to 2-39 appeal. 2-40 (d) The court clerk may provide that, in lieu of the city's 2-41 providing a court reporter at trial, proceedings in a municipal 2-42 court of record may be recorded by a good quality electronic 2-43 recording device. If the court clerk authorizes the electronic 2-44 recording, the court reporter need not be present at trial to 2-45 certify the statement of facts. The recording shall be kept and 2-46 stored for the 20-day period beginning the day after the last day 2-47 of the proceeding, trial, or denial of motion for new trial, 2-48 whichever occurs last. The proceedings that are appealed shall be 2-49 transcribed from the recording by an official court reporter. 2-50 Sec. 30.0247. Prosecutions by City Attorney. (a) All 2-51 prosecutions in the municipal court of record must be conducted by 2-52 the city attorney, an assistant or deputy city attorney, or an 2-53 attorney designated by the city attorney as a special prosecutor. 2-54 (b) A trial in a criminal prosecution in a municipal court 2-55 of record shall be bifurcated if either the state or the defendant 2-56 requests a bifurcated trial. 2-57 Sec. 30.0248. Jury. (a) A person who is brought before a 2-58 municipal court of record and who is charged with an offense is 2-59 entitled to be tried by a jury of six persons unless that right is 2-60 waived according to law. The jury shall assess the fine in a case 2-61 in which it finds the defendant guilty unless the defendant or the 2-62 state requests the judge to assess a fine. 2-63 (b) A juror who serves in the municipal courts of record 2-64 must meet the qualifications provided by Chapter 62. 2-65 Sec. 30.0249. Appeal. (a) A defendant has the right of 2-66 appeal from a judgment or conviction in a municipal court of record 2-67 as provided in this subchapter. The state has the right to an 2-68 appeal as provided by Article 44.01, Code of Criminal Procedure. 2-69 The county criminal courts of Dallas County have jurisdiction over 2-70 an appeal. 3-1 (b) The appellate court shall determine each appeal from a 3-2 municipal court of record conviction on the basis of the errors 3-3 that are set forth in the defendant's motion for new trial and that 3-4 are presented in the transcript and statement of facts prepared 3-5 from the proceedings leading to the conviction. An appeal from the 3-6 municipal court of record may not be by trial de novo. 3-7 (c) To perfect an appeal, the defendant must file with the 3-8 municipal court clerk a written motion for new trial not later than 3-9 the 10th day after the date on which judgment is rendered. The 3-10 motion must set forth the points of error of which the defendant 3-11 complains. The motion or an amended motion may be amended by leave 3-12 of court at any time before action on the motion is taken, but not 3-13 later than the 20th day after the date on which the original or 3-14 amended motion is filed. The court may for good cause extend the 3-15 time for filing or amending but the extension may not exceed 90 3-16 days from the original filing deadline. If the court does not act 3-17 on the motion before the expiration of the 30 days allowed for 3-18 determination of the motion, the original or amended motion is 3-19 overruled by operation of law. 3-20 (d) To perfect an appeal, the defendant must also give 3-21 notice of the appeal. If the defendant requests a hearing on the 3-22 motion for new trial, the defendant may give the notice of appeal 3-23 orally in open court on the overruling of the motion. If there is 3-24 no hearing, the defendant must give written notice of appeal and 3-25 must file the notice with the court not later than the 10th day 3-26 after the date on which the motion is overruled. The court may for 3-27 good cause extend that time period, but the extension may not 3-28 exceed 90 days from the original filing deadline. 3-29 (e) The court reporter shall set a reasonable transcript 3-30 preparation fee. The court clerk shall note the payment of the fee 3-31 on the docket of the court. 3-32 Sec. 30.0250. Appeal Bond. (a) If the defendant is not in 3-33 custody, the defendant may not take an appeal until the defendant 3-34 files an appeal bond with the municipal court of record. The bond 3-35 must be approved by the court and must be filed not later than the 3-36 10th day after the date on which the motion for new trial is 3-37 overruled. If the defendant is in custody, the defendant shall be 3-38 committed to jail unless the defendant posts the appeal bond. 3-39 (b) The appeal bond must be in the amount of $50 or double 3-40 the amount of the fine and costs adjudged against the defendant, 3-41 whichever is greater. The bond must state that the defendant was 3-42 convicted in the case and has appealed, must be payable to the 3-43 state for the use and benefit of the city, and must be conditioned 3-44 on the defendant's appearance in the court to which the appeal is 3-45 taken. 3-46 Sec. 30.0251. Record on Appeal. The record on appeal 3-47 consists of a transcript and, if necessary to the appeal, a 3-48 statement of facts. The court reporter shall prepare the record 3-49 from the reporter's record or mechanical or videotape recordings of 3-50 the proceedings. The defendant shall pay for the cost of the 3-51 transcription. If the court finds that the defendant is unable to 3-52 pay or give security for the record on appeal after a hearing in 3-53 response to an affidavit by the defendant, the court shall order 3-54 the reporter to prepare the record without charge to the defendant. 3-55 Sec. 30.0252. Transcript. (a) On the written request of 3-56 the defendant or the defendant's attorney, the municipal court 3-57 clerk shall prepare under the clerk's hand and seal a transcript of 3-58 the municipal court of record proceedings. The transcript must 3-59 include copies of: 3-60 (1) the complaint; 3-61 (2) material docket entries made by the court; 3-62 (3) the jury charge and verdict in a jury trial; 3-63 (4) the judgment; 3-64 (5) the motion for new trial; 3-65 (6) the notice of appeal; 3-66 (7) written motions and pleas; 3-67 (8) written orders of the court; 3-68 (9) any bills of exception filed with the court; 3-69 (10) the appeal bond; and 3-70 (11) exhibits admitted into evidence. 4-1 (b) The clerk may include in the transcript additional 4-2 portions of the proceedings in the court prepared from mechanical 4-3 or videotape recordings. 4-4 Sec. 30.0253. Bills of Exception. Either party may include 4-5 bills of exception in the transcript subject to the applicable 4-6 provisions of the Code of Criminal Procedure. The bills of 4-7 exception must be filed with the municipal court clerk not later 4-8 than the 60th day after the date on which the notice of appeal is 4-9 given or filed. 4-10 Sec. 30.0254. Statements of Facts. A statement of facts 4-11 included in the record on appeal must contain: 4-12 (1) a transcript of all or part of the municipal court 4-13 of record proceedings that are shown by the notes of the court 4-14 reporter to have occurred before, during, or after the trial, if 4-15 the transcript is requested by the defendant; 4-16 (2) a brief statement of the facts of the case proven 4-17 at trial as agreed to by the defendant and the prosecuting 4-18 attorney; 4-19 (3) a partial transcript and the agreed statement of 4-20 the facts of the case; or 4-21 (4) a transcript of all or part of the municipal court 4-22 of record proceedings in the case that is prepared from mechanical 4-23 or videotape recordings of the proceedings. 4-24 Sec. 30.0255. Completion, Approval, and Transfer of Record. 4-25 (a) Not later than the 60th day after the date on which the notice 4-26 of appeal is given or filed, the appellant must file with the 4-27 municipal court clerk: 4-28 (1) the statement of facts; 4-29 (2) a written description of material to be included 4-30 in the transcript in addition to the required material; and 4-31 (3) any material to be included in the transcript that 4-32 is not in the custody of the clerk. 4-33 (b) On completion of the record, the municipal judge shall 4-34 approve the record in the manner provided for record completion, 4-35 approval, and notification in the court of appeals. 4-36 (c) After the court approves the record, the clerk shall 4-37 promptly send it to the appellate court clerk for filing. The 4-38 appellate court clerk shall notify the defendant and the 4-39 prosecuting attorney that the record has been filed. 4-40 Sec. 30.0256. Brief on Appeal. (a) A defendant's brief on 4-41 appeal from a municipal court of record must present points of 4-42 error in the manner required by law for a brief on appeal to the 4-43 court of appeals. 4-44 (b) The defendant must file the brief with the appellate 4-45 court clerk not later than the 15th day after the date on which the 4-46 transcript and statement of facts are filed with that clerk. The 4-47 defendant or the defendant's attorney must certify that the brief 4-48 has been properly mailed to the prosecuting attorney. 4-49 (c) The prosecuting attorney must file the appellee's brief, 4-50 if any, with the appellate court clerk not later than the 15th day 4-51 after the date on which the defendant's brief is filed. 4-52 (d) On filing, each party shall deliver a copy of the brief 4-53 to the opposing party and to the municipal judge. 4-54 Sec. 30.0257. Court Rules. (a) Except as modified by this 4-55 subchapter, the Code of Criminal Procedure governs the trial of 4-56 cases before the municipal court of record. The court may make and 4-57 enforce all rules of practice and procedure necessary to expedite 4-58 the trial of cases before the court that are not inconsistent with 4-59 general law. 4-60 (b) The appellate courts may make and enforce all rules of 4-61 practice and procedure that are not inconsistent with general law 4-62 and that are necessary to expedite the dispatch of appeals from the 4-63 municipal court of record. 4-64 Sec. 30.0258. Disposition on Appeal. (a) According to law 4-65 and the nature of the case, the appellate court may: 4-66 (1) affirm the judgment of the municipal court of 4-67 record; 4-68 (2) reverse and remand for a new trial; 4-69 (3) reverse and dismiss the case; or 4-70 (4) reform and correct the judgment. 5-1 (b) Unless the matter was made an issue in the trial court 5-2 or it affirmatively appears to the contrary from the transcript or 5-3 the statement of facts, the appellate court shall presume that: 5-4 (1) venue was proven in the trial court; 5-5 (2) the jury, if any, was properly impaneled and 5-6 sworn; 5-7 (3) the defendant was arraigned and pleaded to the 5-8 complaint; and 5-9 (4) the municipal judge certified the charge before it 5-10 was read to the jury. 5-11 (c) In each case decided by the appellate court, the court 5-12 shall deliver a written opinion or order either sustaining or 5-13 overruling each assignment of error presented. The court shall set 5-14 forth the reasons for its decision. The appellate court clerk 5-15 shall mail copies of the decision to the parties and to the 5-16 municipal judge as soon as the decision is rendered. 5-17 Sec. 30.0259. Certificate of Appellate Proceedings. When 5-18 the judgment of the appellate court becomes final, the clerk of 5-19 that court shall certify the proceedings and the judgment and shall 5-20 mail the certificate to the municipal court. The court clerk shall 5-21 file the certificate with the papers in the case and note the 5-22 certificate on the case docket. If the municipal court of record 5-23 judgment is affirmed, further action to enforce the judgment is not 5-24 necessary except to: 5-25 (1) forfeit the bond of the defendant; 5-26 (2) issue a writ of capias for the defendant; or 5-27 (3) issue an execution against the defendant's 5-28 property. 5-29 Sec. 30.0260. Effect of Order on New Trial. If the 5-30 appellate court awards a new trial to the defendant, the case 5-31 stands as if a new trial had been granted by the municipal court of 5-32 record. 5-33 Sec. 30.0261. Appeal to Court of Appeals. The defendant has 5-34 the right to appeal to the court of appeals if the fine assessed 5-35 against the defendant exceeds $100 and if the judgment is affirmed 5-36 by the appellate court. The provisions of the Code of Criminal 5-37 Procedure relating to direct appeals from a county or a district 5-38 court to the court of appeals apply to the appeal, except that: 5-39 (1) the record and briefs on appeal in the appellate 5-40 court constitute the record and briefs on appeal to the court of 5-41 appeals unless the rules of the court of criminal appeals provide 5-42 otherwise; and 5-43 (2) the record and briefs shall be filed directly with 5-44 the court of appeals. 5-45 SECTION 2. The importance of this legislation and the 5-46 crowded condition of the calendars in both houses create an 5-47 emergency and an imperative public necessity that the 5-48 constitutional rule requiring bills to be read on three several 5-49 days in each house be suspended, and this rule is hereby suspended, 5-50 and that this Act take effect and be in force from and after its 5-51 passage, and it is so enacted. 5-52 * * * * *