By Harris S.B. No. 795
74R2041 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record in
1-3 Mansfield.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 30, Government Code, is amended by adding
1-6 Subchapter CC to read as follows:
1-7 SUBCHAPTER CC. MANSFIELD
1-8 Sec. 30.1041. APPLICATION. This subchapter applies to the
1-9 City of Mansfield.
1-10 Sec. 30.1042. CREATION. (a) The governing body of the city
1-11 may by ordinance create a municipal court of record if it
1-12 determines that the formation of the court is necessary to provide
1-13 a more efficient disposition of cases arising in the city. The
1-14 governing body may by ordinance determine the number of municipal
1-15 courts of record that are required to dispose of the cases and may
1-16 establish as many as are needed. The ordinance establishing the
1-17 courts shall give each court a numerical designation, beginning
1-18 with "Municipal Court of Record No. 1."
1-19 (b) A municipal court of record may not exist concurrently
1-20 with municipal courts that are not courts of record in the city.
1-21 (c) A municipal court of record has no terms and may sit at
1-22 any time for the transaction of the business of the court.
1-23 Sec. 30.1043. APPLICATION OF OTHER LAWS. The general law
1-24 regarding municipal courts, the general law regarding justice
2-1 courts on matters not covered by the law regarding municipal
2-2 courts, and any charter provision or ordinance of the city relating
2-3 to the municipal court apply to a municipal court of record unless
2-4 the law, charter provision, or ordinance is in conflict or
2-5 inconsistent with this subchapter.
2-6 Sec. 30.1044. JUDGE. (a) A municipal court of record is
2-7 presided over by a municipal judge.
2-8 (b) If there is more than one municipal judge in the city,
2-9 the governing body of the city shall appoint one of the judges to
2-10 be the chief judge.
2-11 (c) A municipal judge, including the chief judge, is
2-12 appointed by the governing body of the city for a term of two
2-13 years.
2-14 (d) A municipal judge must be a licensed attorney in good
2-15 standing in this state and must have two or more years of
2-16 experience in the practice of law in this state. The judge must be
2-17 a citizen of the United States and of this state. The judge shall
2-18 devote as much time to the office as it requires.
2-19 (e) If there is more than one municipal court of record in
2-20 the city, the judges may exchange benches and may sit and act for
2-21 each other in any proceeding pending in the courts. An act
2-22 performed by any of the judges is binding on all parties to the
2-23 proceeding.
2-24 (f) A municipal judge is entitled to a salary from the city,
2-25 the amount of which is determined by the governing body of the city
2-26 and may not be diminished during the judge's term of office. The
2-27 salary may not be based directly or indirectly on fines, fees, or
3-1 costs collected by the court.
3-2 (g) A municipal judge may be removed from office by the
3-3 governing body of the city at any time for incompetency,
3-4 misconduct, malfeasance, or disability.
3-5 (h) A municipal judge shall take judicial notice of the city
3-6 ordinances and the corporate limits of the city in a case tried
3-7 before a municipal court of record. A municipal judge may grant
3-8 writs of mandamus, injunction, and attachment and other writs
3-9 necessary to the enforcement of the jurisdiction of the court and
3-10 may issue writs of habeas corpus in cases in which the offense
3-11 charged is within the jurisdiction of the court. A municipal judge
3-12 may issue administrative search warrants.
3-13 (i) The governing body of the city shall appoint a qualified
3-14 person to fill a vacancy in the office of municipal judge for the
3-15 remainder of the unexpired term.
3-16 (j) The governing body may appoint one or more qualified
3-17 persons to be available to serve for a municipal judge who is
3-18 temporarily absent due to illness, family death, continuing legal
3-19 or judicial education programs, or any other reason. The chief
3-20 judge, or the municipal judge if there is no chief judge, shall
3-21 select one of the persons appointed by the governing body to serve
3-22 during an absence. An alternate judge, while serving, has all the
3-23 powers and shall discharge all the duties of a municipal judge. An
3-24 alternate judge must have the same qualifications as a municipal
3-25 judge.
3-26 Sec. 30.1045. MAGISTRATES. (a) The governing body may
3-27 appoint one or more magistrates.
4-1 (b) A magistrate does not have to possess all the
4-2 qualifications necessary to be a municipal court of record judge.
4-3 (c) A magistrate may not preside over the court or hear
4-4 contested cases.
4-5 (d) A magistrate may:
4-6 (1) conduct an arraignment;
4-7 (2) hold an indigency hearing;
4-8 (3) accept a plea;
4-9 (4) sign a judgment;
4-10 (5) set the amount of a bond; and
4-11 (6) perform other functions under Article 15.17, Code
4-12 of Criminal Procedure.
4-13 Sec. 30.1046. CLERK; OTHER PERSONNEL. The city manager of
4-14 the city shall appoint a clerk of the municipal court of record who
4-15 may hire, direct, and remove the personnel authorized in the city's
4-16 annual budget for the clerk's office. The clerk or the clerk's
4-17 deputies shall keep the records of the municipal courts of record,
4-18 issue process, and generally perform the duties for the courts that
4-19 a clerk of the county court exercising criminal jurisdiction is
4-20 required by law to perform for that court. The clerk shall
4-21 perform the duties in accordance with statutes, the city charter,
4-22 and city ordinances.
4-23 Sec. 30.1047. COURT REPORTER. (a) The city shall provide a
4-24 court reporter for the purpose of preserving a record in cases
4-25 tried before the municipal court of record. The clerk of the court
4-26 shall appoint the court reporter, who must meet the qualifications
4-27 provided by law for official court reporters. The reporter shall
5-1 be compensated by the city in the manner determined by the
5-2 governing body of the city.
5-3 (b) The court reporter may use written notes, transcribing
5-4 equipment, video or audio recording equipment, or a combination of
5-5 those methods to record the proceedings of the court. A record
5-6 shall be kept for the 20-day period beginning the day after the
5-7 last day of the court proceeding, trial, or denial of motion for
5-8 new trial, whichever occurs last.
5-9 (c) The court reporter is not required to record testimony
5-10 in a case unless the judge or one of the parties requests a record.
5-11 A party's request for a record must be in writing and be filed with
5-12 the court before trial.
5-13 (d) The governing body may provide that, in lieu of
5-14 providing a court reporter at trial, proceedings in a municipal
5-15 court of record may be recorded by a good quality electronic
5-16 recording device. If the governing body authorizes the electronic
5-17 recording, the court reporter need not be present at trial to
5-18 certify the statement of facts. The recording shall be kept and
5-19 stored for the 20-day period beginning the day after the last day
5-20 of the proceeding, trial, or denial of motion for new trial,
5-21 whichever occurs last. The proceedings that are appealed shall be
5-22 transcribed from the recording by an official court reporter.
5-23 Sec. 30.1048. PROSECUTIONS BY CITY ATTORNEY. All
5-24 prosecutions in the municipal court of record must be conducted by
5-25 the city attorney or an assistant or deputy city attorney.
5-26 Sec. 30.1049. JURY. (a) A person who is brought before a
5-27 municipal court of record and who is charged with an offense is
6-1 entitled to be tried by a jury of six persons unless that right is
6-2 waived according to law. The jury shall decide all questions of
6-3 fact or credibility of witnesses. The court shall determine all
6-4 matters of law and shall charge the jury on the law.
6-5 (b) A juror who serves in the municipal courts of record
6-6 must meet the qualifications provided by Chapter 62.
6-7 Sec. 30.1050. APPEAL. (a) A defendant has the right of
6-8 appeal from a judgment or conviction in a municipal court of record
6-9 as provided in this subchapter. The county criminal courts of
6-10 Tarrant County have jurisdiction over an appeal. The state has no
6-11 right to an appeal or to a new trial.
6-12 (b) The appellate court shall determine each appeal from a
6-13 municipal court of record conviction on the basis of the errors
6-14 that are set forth in the defendant's motion for new trial and that
6-15 are presented in the transcript and statement of facts prepared
6-16 from the proceedings leading to the conviction. An appeal from the
6-17 municipal court of record may not be by trial de novo.
6-18 (c) To perfect an appeal, the defendant must file with the
6-19 municipal court clerk a written motion for new trial not later than
6-20 the 10th day after the date on which judgment is rendered. The
6-21 motion must set forth the points of error of which the defendant
6-22 complains. The motion or an amended motion may be amended by leave
6-23 of court at any time before action on the motion is taken, but not
6-24 later than the 20th day after the date on which the original or
6-25 amended motion is filed. The court may for good cause extend the
6-26 time for filing or amending but the extension may not exceed 90
6-27 days from the original filing deadline. If the court does not act
7-1 on the motion before the expiration of the 30 days allowed for
7-2 determination of the motion, the original or amended motion is
7-3 overruled by operation of law.
7-4 (d) To perfect an appeal, the defendant must also give
7-5 notice of the appeal. If the defendant requests a hearing on the
7-6 motion for new trial, the defendant may give the notice of appeal
7-7 orally in open court on the overruling of the motion. If there is
7-8 no hearing, the defendant must give written notice of appeal and
7-9 must file the notice with the court not later than the 10th day
7-10 after the date on which the motion is overruled. The court may for
7-11 good cause extend that time period, but the extension may not
7-12 exceed 90 days from the original filing deadline.
7-13 Sec. 30.1051. APPEAL BOND. (a) If the defendant is not in
7-14 custody, the defendant may not take an appeal until the defendant
7-15 files an appeal bond with the municipal court of record. The bond
7-16 must be approved by the court and must be filed not later than the
7-17 10th day after the date on which the motion for new trial is
7-18 overruled. If the defendant is in custody, the defendant shall be
7-19 committed to jail unless the defendant posts the appeal bond.
7-20 (b) The appeal bond must be in the amount of $50 or double
7-21 the amount of the fine and costs adjudged against the defendant,
7-22 whichever is greater. The bond must state that the defendant was
7-23 convicted in the case and has appealed, must be payable to the
7-24 state for the use and benefit of the city, and must be conditioned
7-25 on the defendant's appearance in the court to which the appeal is
7-26 taken.
7-27 Sec. 30.1052. RECORD ON APPEAL. The record on appeal
8-1 consists of a transcript and, if necessary to the appeal, a
8-2 statement of facts. The court reporter shall prepare the record
8-3 from the reporter's record or mechanical or videotape recordings of
8-4 the proceedings. The defendant shall pay for the cost of the
8-5 transcription. If the court finds that the defendant is unable to
8-6 pay or give security for the record on appeal after a hearing in
8-7 response to an affidavit by the defendant, the court shall order
8-8 the reporter to prepare the record without charge to the defendant.
8-9 If the case is reversed on appeal, the court shall promptly refund
8-10 the cost to the defendant.
8-11 Sec. 30.1053. TRANSCRIPT. (a) On the written request of
8-12 the defendant or the defendant's attorney, the municipal court
8-13 clerk shall prepare under the clerk's hand and seal a transcript of
8-14 the municipal court of record proceedings. The transcript must
8-15 include copies of:
8-16 (1) the complaint;
8-17 (2) material docket entries made by the court;
8-18 (3) the jury charge and verdict in a jury trial;
8-19 (4) the judgment;
8-20 (5) the motion for new trial;
8-21 (6) the notice of appeal;
8-22 (7) written motions and pleas;
8-23 (8) written orders of the court;
8-24 (9) any bills of exception filed with the court;
8-25 (10) the appeal bond; and
8-26 (11) exhibits admitted into evidence.
8-27 (b) The clerk may include in the transcript additional
9-1 portions of the proceedings in the court prepared from mechanical
9-2 or videotape recordings.
9-3 Sec. 30.1054. BILLS OF EXCEPTION. Either party may include
9-4 bills of exception in the transcript subject to the applicable
9-5 provisions of the Code of Criminal Procedure. The bills of
9-6 exception must be filed with the municipal court clerk not later
9-7 than the 60th day after the date on which the notice of appeal is
9-8 given or filed.
9-9 Sec. 30.1055. STATEMENTS OF FACTS. A statement of facts
9-10 included in the record on appeal must contain:
9-11 (1) a transcript of all or part of the municipal court
9-12 of record proceedings that are shown by the notes of the court
9-13 reporter to have occurred before, during, or after the trial, if
9-14 the transcript is requested by the defendant;
9-15 (2) a brief statement of the facts of the case proven
9-16 at trial as agreed to by the defendant and the prosecuting
9-17 attorney;
9-18 (3) a partial transcript and the agreed statement of
9-19 the facts of the case; or
9-20 (4) a transcript of all or part of the municipal court
9-21 of record proceedings in the case that is prepared from mechanical
9-22 or videotape recordings of the proceedings.
9-23 Sec. 30.1056. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
9-24 (a) Not later than the 60th day after the date on which the notice
9-25 of appeal is given or filed, the parties must file with the
9-26 municipal court clerk:
9-27 (1) the statement of facts;
10-1 (2) a written description of material to be included
10-2 in the transcript in addition to the required material; and
10-3 (3) any material to be included in the transcript that
10-4 is not in the custody of the clerk.
10-5 (b) On completion of the record, the municipal judge shall
10-6 approve the record in the manner provided for record completion,
10-7 approval, and notification in the court of appeals.
10-8 (c) After the court approves the record, the clerk shall
10-9 promptly send it to the appellate court clerk for filing. The
10-10 appellate court clerk shall notify the defendant and the
10-11 prosecuting attorney that the record has been filed.
10-12 Sec. 30.1057. BRIEF ON APPEAL. (a) A defendant's brief on
10-13 appeal from a municipal court of record must present points of
10-14 error in the manner required by law for a brief on appeal to the
10-15 court of appeals.
10-16 (b) The defendant must file the brief with the appellate
10-17 court clerk not later than the 15th day after the date on which the
10-18 transcript and statement of facts are filed with that clerk. The
10-19 defendant or the defendant's attorney must certify that the brief
10-20 has been properly mailed to the prosecuting attorney.
10-21 (c) The prosecuting attorney must file the appellee's brief
10-22 with the appellate court clerk not later than the 15th day after
10-23 the date on which the defendant's brief is filed.
10-24 (d) On filing, each party shall deliver a copy of the brief
10-25 to the opposing party and to the municipal judge.
10-26 Sec. 30.1058. COURT RULES. (a) Except as modified by this
10-27 subchapter, the Code of Criminal Procedure governs the trial of
11-1 cases before the municipal court of record. The court may make and
11-2 enforce all rules of practice and procedure necessary to expedite
11-3 the trial of cases before the court that are not inconsistent with
11-4 general law.
11-5 (b) A bond must be payable to the state for the use and
11-6 benefit of the city.
11-7 (c) A peace officer may serve a process issued by a
11-8 municipal court of record.
11-9 (d) The appellate courts may make and enforce all rules of
11-10 practice and procedure that are not inconsistent with general law
11-11 and that are necessary to expedite the dispatch of appeals from the
11-12 municipal court of record.
11-13 Sec. 30.1059. DISPOSITION ON APPEAL. (a) According to law
11-14 and the nature of the case, the appellate court may:
11-15 (1) affirm the judgment of the municipal court of
11-16 record;
11-17 (2) reverse and remand for a new trial;
11-18 (3) reverse and dismiss the case; or
11-19 (4) reform and correct the judgment.
11-20 (b) Unless the matter was made an issue in the trial court
11-21 or it affirmatively appears to the contrary from the transcript or
11-22 the statement of facts, the appellate court shall presume that:
11-23 (1) venue was proven in the trial court;
11-24 (2) the jury, if any, was properly impaneled and
11-25 sworn;
11-26 (3) the defendant was arraigned and pleaded to the
11-27 complaint; and
12-1 (4) the municipal judge certified the charge before it
12-2 was read to the jury.
12-3 (c) In each case decided by the appellate court, the court
12-4 shall deliver a written opinion or order either sustaining or
12-5 overruling each assignment of error presented. The court shall set
12-6 forth the reasons for its decision. The appellate court clerk
12-7 shall mail copies of the decision to the parties and to the
12-8 municipal judge as soon as the decision is rendered.
12-9 Sec. 30.1060. CERTIFICATE OF APPELLATE PROCEEDINGS. When
12-10 the judgment of the appellate court becomes final, the clerk of
12-11 that court shall certify the proceedings and the judgment and shall
12-12 mail the certificate to the municipal court. The court clerk shall
12-13 file the certificate with the papers in the case and note the
12-14 certificate on the case docket. If the municipal court of record
12-15 judgment is affirmed, further action to enforce the judgment is not
12-16 necessary except to:
12-17 (1) forfeit the bond of the defendant;
12-18 (2) issue a writ of capias for the defendant; or
12-19 (3) issue an execution against the defendant's
12-20 property.
12-21 Sec. 30.1061. EFFECT OF ORDER OF NEW TRIAL. If the
12-22 appellate court awards a new trial to the defendant, the case
12-23 stands as if a new trial had been granted by the municipal court of
12-24 record.
12-25 Sec. 30.1062. APPEAL TO COURT OF APPEALS. The defendant has
12-26 the right to appeal to the court of appeals if the fine assessed
12-27 against the defendant exceeds $100 and if the judgment is affirmed
13-1 by the appellate court. The provisions of the Code of Criminal
13-2 Procedure relating to direct appeals from a county or a district
13-3 court to the court of appeals apply to the appeal, except that:
13-4 (1) the record and briefs on appeal in the appellate
13-5 court constitute the record and briefs on appeal to the court of
13-6 appeals unless the rules of the court of criminal appeals provide
13-7 otherwise; and
13-8 (2) the record and briefs shall be filed directly with
13-9 the court of appeals.
13-10 SECTION 2. The importance of this legislation and the
13-11 crowded condition of the calendars in both houses create an
13-12 emergency and an imperative public necessity that the
13-13 constitutional rule requiring bills to be read on three several
13-14 days in each house be suspended, and this rule is hereby suspended,
13-15 and that this Act take effect and be in force from and after its
13-16 passage, and it is so enacted.