By: Harris S.B. No. 795
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of municipal courts of record and the
1-2 appointment of magistrates in Mansfield.
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 CC to read as follows:
1-6 SUBCHAPTER CC. MANSFIELD
1-7 Sec. 30.1041. APPLICATION. This subchapter applies to the
1-8 City of Mansfield.
1-9 Sec. 30.1042. 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. 30.1043. 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. 30.1044. 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 city
2-25 and may not be diminished during the judge's term of office. The
2-26 salary may not be based directly or indirectly on fines, fees, or
2-27 costs collected by the court.
3-1 (g) A municipal judge may be removed from office by the
3-2 governing body of the city at any time for incompetency,
3-3 misconduct, malfeasance, or disability.
3-4 (h) A municipal judge shall take judicial notice of the city
3-5 ordinances and the corporate limits of the city in a case tried
3-6 before a municipal court of record. A municipal judge may grant
3-7 writs of mandamus, injunction, and attachment and other writs
3-8 necessary to the enforcement of the jurisdiction of the court and
3-9 may issue writs of habeas corpus in cases in which the offense
3-10 charged is within the jurisdiction of the court. A municipal judge
3-11 may issue administrative search warrants.
3-12 (i) The governing body of the city shall appoint a qualified
3-13 person to fill a vacancy in the office of municipal judge for the
3-14 remainder of the unexpired term.
3-15 (j) The governing body may appoint one or more qualified
3-16 persons to be available to serve for a municipal judge who is
3-17 temporarily absent due to illness, family death, continuing legal
3-18 or judicial education programs, or any other reason. The chief
3-19 judge, or the municipal judge if there is no chief judge, shall
3-20 select one of the persons appointed by the governing body to serve
3-21 during an absence. An alternate judge, while serving, has all the
3-22 powers and shall discharge all the duties of a municipal judge. An
3-23 alternate judge must have the same qualifications as a municipal
3-24 judge.
3-25 Sec. 30.1045. MAGISTRATES. (a) The governing body of the
3-26 city may appoint one or more magistrates.
3-27 (b) A magistrate does not have to possess all the
4-1 qualifications necessary to be a municipal court of record judge.
4-2 (c) A magistrate may not preside over the court or hear
4-3 contested cases.
4-4 (d) A magistrate may:
4-5 (1) conduct an arraignment;
4-6 (2) hold an indigency hearing;
4-7 (3) accept a plea;
4-8 (4) sign a judgment;
4-9 (5) set the amount of a bond; and
4-10 (6) perform other functions under Article 15.17, Code
4-11 of Criminal Procedure.
4-12 Sec. 30.1046. CLERK; OTHER PERSONNEL. The city manager of
4-13 the city shall appoint a clerk of a municipal court of record who
4-14 may hire, direct, and remove the personnel authorized in the city's
4-15 annual budget for the clerk's office. The clerk or the clerk's
4-16 deputies shall keep the records of the municipal courts of record,
4-17 issue process, and generally perform the duties for the courts that
4-18 a clerk of the county court exercising criminal jurisdiction is
4-19 required by law to perform for that court. The clerk shall
4-20 perform the duties in accordance with statutes, the city charter,
4-21 and city ordinances.
4-22 Sec. 30.1047. COURT REPORTER. (a) The city shall provide a
4-23 court reporter for the purpose of preserving a record in cases
4-24 tried before a municipal court of record. The clerk of the court
4-25 shall appoint the court reporter, who must meet the qualifications
4-26 provided by law for official court reporters. The reporter shall
4-27 be compensated by the city in the manner determined by the
5-1 governing body of the city.
5-2 (b) The court reporter may use written notes, transcribing
5-3 equipment, video or audio recording equipment, or a combination of
5-4 those methods to record the proceedings of the court. A record
5-5 shall be kept for the 20-day period beginning the day after the
5-6 last day of the court proceeding, trial, or denial of motion for
5-7 new trial, whichever occurs last.
5-8 (c) The court reporter is not required to record testimony
5-9 in a case unless the judge or one of the parties requests a record.
5-10 A party's request for a record must be in writing and be filed with
5-11 the court before trial.
5-12 (d) The governing body of the city may provide that, in lieu
5-13 of providing a court reporter at trial, proceedings in a municipal
5-14 court of record may be recorded by a good quality electronic
5-15 recording device. If the governing body authorizes the electronic
5-16 recording, the court reporter need not be present at trial to
5-17 certify the statement of facts. The recording shall be kept and
5-18 stored for the 20-day period beginning the day after the last day
5-19 of the proceeding, trial, or denial of motion for new trial,
5-20 whichever occurs last. The proceedings that are appealed shall be
5-21 transcribed from the recording by an official court reporter.
5-22 Sec. 30.1048. PROSECUTIONS BY CITY ATTORNEY. All
5-23 prosecutions in a municipal court of record must be conducted by
5-24 the city attorney or an assistant or deputy city attorney.
5-25 Sec. 30.1049. JURY. (a) A person who is brought before a
5-26 municipal court of record and who is charged with an offense is
5-27 entitled to be tried by a jury of six persons unless that right is
6-1 waived according to law. The jury shall decide all questions of
6-2 fact or credibility of witnesses. The court shall determine all
6-3 matters of law and shall charge the jury on the law.
6-4 (b) A juror who serves in the municipal courts of record
6-5 must meet the qualifications provided by Chapter 62.
6-6 Sec. 30.1050. APPEAL. (a) A defendant has the right of
6-7 appeal from a judgment or conviction in a municipal court of record
6-8 as provided in this subchapter. The county criminal courts of
6-9 Tarrant County have jurisdiction over an appeal. The state has no
6-10 right to an appeal or to a new trial.
6-11 (b) The appellate court shall determine each appeal from a
6-12 municipal court of record conviction on the basis of the errors
6-13 that are set forth in the defendant's motion for new trial and that
6-14 are presented in the transcript and statement of facts prepared
6-15 from the proceedings leading to the conviction. An appeal from the
6-16 municipal court of record may not be by trial de novo.
6-17 (c) To perfect an appeal, the defendant must file with the
6-18 municipal court clerk a written motion for new trial not later than
6-19 the 10th day after the date on which judgment is rendered. The
6-20 motion must set forth the points of error of which the defendant
6-21 complains. The motion or an amended motion may be amended by leave
6-22 of court at any time before action on the motion is taken, but not
6-23 later than the 20th day after the date on which the original or
6-24 amended motion is filed. The court may for good cause extend the
6-25 time for filing or amending but the extension may not exceed 90
6-26 days from the original filing deadline. If the court does not act
6-27 on the motion before the expiration of the 30 days allowed for
7-1 determination of the motion, the original or amended motion is
7-2 overruled by operation of law.
7-3 (d) To perfect an appeal, the defendant must also give
7-4 notice of the appeal. If the defendant requests a hearing on the
7-5 motion for new trial, the defendant may give the notice of appeal
7-6 orally in open court on the overruling of the motion. If there is
7-7 no hearing, the defendant must give written notice of appeal and
7-8 must file the notice with the court not later than the 10th day
7-9 after the date on which the motion is overruled. The court may for
7-10 good cause extend that time period, but the extension may not
7-11 exceed 90 days from the original filing deadline.
7-12 Sec. 30.1051. APPEAL BOND. (a) If the defendant is not in
7-13 custody, the defendant may not take an appeal until the defendant
7-14 files an appeal bond with the municipal court of record. The bond
7-15 must be approved by the court and must be filed not later than the
7-16 10th day after the date on which the motion for new trial is
7-17 overruled. If the defendant is in custody, the defendant shall be
7-18 committed to jail unless the defendant posts the appeal bond.
7-19 (b) The appeal bond must be in the amount of $50 or double
7-20 the amount of the fine and costs adjudged against the defendant,
7-21 whichever is greater. The bond must state that the defendant was
7-22 convicted in the case and has appealed, must be payable to the
7-23 state for the use and benefit of the city, and must be conditioned
7-24 on the defendant's appearance in the court to which the appeal is
7-25 taken.
7-26 Sec. 30.1052. RECORD ON APPEAL. The record on appeal
7-27 consists of a transcript and, if necessary to the appeal, a
8-1 statement of facts. The court reporter shall prepare the record
8-2 from the reporter's record or mechanical or videotape recordings of
8-3 the proceedings. The defendant shall pay for the cost of the
8-4 transcription. If the court finds that the defendant is unable to
8-5 pay or give security for the record on appeal after a hearing in
8-6 response to an affidavit by the defendant, the court shall order
8-7 the reporter to prepare the record without charge to the defendant.
8-8 If the case is reversed on appeal, the court shall promptly refund
8-9 the cost to the defendant.
8-10 Sec. 30.1053. TRANSCRIPT. (a) On the written request of
8-11 the defendant or the defendant's attorney, the municipal court
8-12 clerk shall prepare under the clerk's hand and seal a transcript of
8-13 the municipal court of record proceedings. The transcript must
8-14 include copies of:
8-15 (1) the complaint;
8-16 (2) material docket entries made by the court;
8-17 (3) the jury charge and verdict in a jury trial;
8-18 (4) the judgment;
8-19 (5) the motion for new trial;
8-20 (6) the notice of appeal;
8-21 (7) written motions and pleas;
8-22 (8) written orders of the court;
8-23 (9) any bills of exception filed with the court;
8-24 (10) the appeal bond; and
8-25 (11) exhibits admitted into evidence.
8-26 (b) The clerk may include in the transcript additional
8-27 portions of the proceedings in the court prepared from mechanical
9-1 or videotape recordings.
9-2 Sec. 30.1054. BILLS OF EXCEPTION. Either party may include
9-3 bills of exception in the transcript subject to the applicable
9-4 provisions of the Code of Criminal Procedure. The bills of
9-5 exception must be filed with the municipal court clerk not later
9-6 than the 60th day after the date on which the notice of appeal is
9-7 given or filed.
9-8 Sec. 30.1055. STATEMENTS OF FACTS. A statement of facts
9-9 included in the record on appeal must contain:
9-10 (1) a transcript of all or part of the municipal court
9-11 of record proceedings that are shown by the notes of the court
9-12 reporter to have occurred before, during, or after the trial, if
9-13 the transcript is requested by the defendant;
9-14 (2) a brief statement of the facts of the case proven
9-15 at trial as agreed to by the defendant and the prosecuting
9-16 attorney;
9-17 (3) a partial transcript and the agreed statement of
9-18 the facts of the case; or
9-19 (4) a transcript of all or part of the municipal court
9-20 of record proceedings in the case that is prepared from mechanical
9-21 or videotape recordings of the proceedings.
9-22 Sec. 30.1056. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
9-23 (a) Not later than the 60th day after the date on which the notice
9-24 of appeal is given or filed, the parties must file with the
9-25 municipal court clerk:
9-26 (1) the statement of facts;
9-27 (2) a written description of material to be included
10-1 in the transcript in addition to the required material; and
10-2 (3) any material to be included in the transcript that
10-3 is not in the custody of the clerk.
10-4 (b) On completion of the record, the municipal judge shall
10-5 approve the record in the manner provided for record completion,
10-6 approval, and notification in the court of appeals.
10-7 (c) After the court approves the record, the clerk shall
10-8 promptly send it to the appellate court clerk for filing. The
10-9 appellate court clerk shall notify the defendant and the
10-10 prosecuting attorney that the record has been filed.
10-11 Sec. 30.1057. BRIEF ON APPEAL. (a) A defendant's brief on
10-12 appeal from a municipal court of record must present points of
10-13 error in the manner required by law for a brief on appeal to the
10-14 court of appeals.
10-15 (b) The defendant must file the brief with the appellate
10-16 court clerk not later than the 15th day after the date on which the
10-17 transcript and statement of facts are filed with that clerk. The
10-18 defendant or the defendant's attorney must certify that the brief
10-19 has been properly mailed to the prosecuting attorney.
10-20 (c) The prosecuting attorney must file the appellee's brief
10-21 with the appellate court clerk not later than the 15th day after
10-22 the date on which the defendant's brief is filed.
10-23 (d) On filing, each party shall deliver a copy of the brief
10-24 to the opposing party and to the municipal judge.
10-25 Sec. 30.1058. COURT RULES. (a) Except as modified by this
10-26 subchapter, the Code of Criminal Procedure governs the trial of
10-27 cases before a municipal court of record. The court may make and
11-1 enforce all rules of practice and procedure necessary to expedite
11-2 the trial of cases before the court that are not inconsistent with
11-3 general law.
11-4 (b) A bond must be payable to the state for the use and
11-5 benefit of the city.
11-6 (c) A peace officer may serve a process issued by a
11-7 municipal court of record.
11-8 (d) The appellate courts may make and enforce all rules of
11-9 practice and procedure that are not inconsistent with general law
11-10 and that are necessary to expedite the dispatch of appeals from the
11-11 municipal court of record.
11-12 Sec. 30.1059. DISPOSITION ON APPEAL. (a) According to law
11-13 and the nature of the case, the appellate court may:
11-14 (1) affirm the judgment of the municipal court of
11-15 record;
11-16 (2) reverse and remand for a new trial;
11-17 (3) reverse and dismiss the case; or
11-18 (4) reform and correct the judgment.
11-19 (b) Unless the matter was made an issue in the trial court
11-20 or it affirmatively appears to the contrary from the transcript or
11-21 the statement of facts, the appellate court shall presume that:
11-22 (1) venue was proven in the trial court;
11-23 (2) the jury, if any, was properly impaneled and
11-24 sworn;
11-25 (3) the defendant was arraigned and pleaded to the
11-26 complaint; and
11-27 (4) the municipal judge certified the charge before it
12-1 was read to the jury.
12-2 (c) In each case decided by the appellate court, the court
12-3 shall deliver a written opinion or order either sustaining or
12-4 overruling each assignment of error presented. The court shall set
12-5 forth the reasons for its decision. The appellate court clerk
12-6 shall mail copies of the decision to the parties and to the
12-7 municipal judge as soon as the decision is rendered.
12-8 Sec. 30.1060. CERTIFICATE OF APPELLATE PROCEEDINGS. When
12-9 the judgment of the appellate court becomes final, the clerk of
12-10 that court shall certify the proceedings and the judgment and shall
12-11 mail the certificate to the municipal court. The court clerk shall
12-12 file the certificate with the papers in the case and note the
12-13 certificate on the case docket. If the municipal court of record
12-14 judgment is affirmed, further action to enforce the judgment is not
12-15 necessary except to:
12-16 (1) forfeit the bond of the defendant;
12-17 (2) issue a writ of capias for the defendant; or
12-18 (3) issue an execution against the defendant's
12-19 property.
12-20 Sec. 30.1061. EFFECT OF ORDER OF NEW TRIAL. If the
12-21 appellate court awards a new trial to the defendant, the case
12-22 stands as if a new trial had been granted by the municipal court of
12-23 record.
12-24 Sec. 30.1062. APPEAL TO COURT OF APPEALS. The defendant has
12-25 the right to appeal to the court of appeals if the fine assessed
12-26 against the defendant exceeds $100 and if the judgment is affirmed
12-27 by the appellate court. The provisions of the Code of Criminal
13-1 Procedure relating to direct appeals from a county or a district
13-2 court to the court of appeals apply to the appeal, except that:
13-3 (1) the record and briefs on appeal in the appellate
13-4 court constitute the record and briefs on appeal to the court of
13-5 appeals unless the rules of the court of criminal appeals provide
13-6 otherwise; and
13-7 (2) the record and briefs shall be filed directly with
13-8 the court of appeals.
13-9 SECTION 2. The importance of this legislation and the
13-10 crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended,
13-14 and that this Act take effect and be in force from and after its
13-15 passage, and it is so enacted.