By: Barrientos S.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the manner in which the clerk of the municipal courts
1-2 of Austin is required to file and maintain original complaints and
1-3 other court papers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 30.330, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 30.330. FILING OF ORIGINAL PAPERS. (a) The clerk of
1-8 the municipal courts of record shall file the original complaints
1-9 <complaint> and the original of other papers for <in> each case
1-10 under the direction of the presiding municipal judge. The filed
1-11 original papers constitute the records of the courts and a separate
1-12 record book is not required.
1-13 (b) The clerk shall keep a file and other records <separate
1-14 folder> for each case which contain at least <and shall note on the
1-15 outside of the folder>:
1-16 (1) the style of the case;
1-17 (2) the nature of the charged offense;
1-18 (3) the dates that the warrant was issued and
1-19 returned;
1-20 (4) the date the examination or trial was held;
1-21 (5) whether trial was held by jury or before a judge;
1-22 (6) trial settings;
1-23 (7) any verdict of the jury;
2-1 (8) any judgment of the court;
2-2 (9) any motion for a new trial and the decision on the
2-3 motion;
2-4 (10) whether an appeal was taken; and
2-5 (11) the date and manner in which the judgment and
2-6 sentence were enforced.
2-7 SECTION 2. This Act takes effect September 1, 1995.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.