1-1 By: Barrientos S.B. No. 1610
1-2 (In the Senate - Filed March 22, 1995; March 23, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 27, 1995, reported favorably by the following
1-5 vote: Yeas 10, Nays 0; April 27, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the manner in which the clerk of the municipal courts
1-9 of Austin is required to file and maintain original complaints and
1-10 other court papers.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 30.330, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 30.330. FILING OF ORIGINAL PAPERS. (a) The clerk of
1-15 the municipal courts of record shall file the original complaints
1-16 <complaint> and the original of other papers for <in> each case
1-17 under the direction of the presiding municipal judge. The filed
1-18 original papers constitute the records of the courts and a separate
1-19 record book is not required.
1-20 (b) The clerk shall keep a file and other records <separate
1-21 folder> for each case which contain at least <and shall note on the
1-22 outside of the folder>:
1-23 (1) the style of the case;
1-24 (2) the nature of the charged offense;
1-25 (3) the dates that the warrant was issued and
1-26 returned;
1-27 (4) the date the examination or trial was held;
1-28 (5) whether trial was held by jury or before a judge;
1-29 (6) trial settings;
1-30 (7) any verdict of the jury;
1-31 (8) any judgment of the court;
1-32 (9) any motion for a new trial and the decision on the
1-33 motion;
1-34 (10) whether an appeal was taken; and
1-35 (11) the date and manner in which the judgment and
1-36 sentence were enforced.
1-37 SECTION 2. This Act takes effect September 1, 1995.
1-38 SECTION 3. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *