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                               * * * * *