PMWJ H.B. 736 75(R)BILL ANALYSIS
JUDICIAL AFFAIRS
H.B. 736
By: Palmer
3-12-97
Committee Report (Unamended)
BACKGROUND
Currently, the municipal court in Lake Worth is not a court of record.
This means that all persons issued citations in the City of Lake Worth
have an automatic right of appeal to county courts. The defendant need
only plead no contest or guilty, give notice of appeal, submit a surety
bond and the case is appealed to the county court. At the county level,
theoretically a trial de novo is held on the merits. In practice, the
county court backlog is so great that the citations are never reached, or
if the case is reached, there is a plea bargain with costs going to the
county. The ease of appeal from a municipal court that is not a court of
record impairs the city's ability to enforce traffic laws and local
ordinances. An appeal from a municipal court of record may only occur
after trial, and may only be based upon errors of law.
PURPOSE
H.B. 736 authorizes the City of Lake Worth to establish their municipal
court as a municipal court of record, so it may more effectively enforce
its ordinances and traffic laws.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution.
SECTION BY SECTION ANALYSIS
SECTION 1 amends Chapter 30 of the Government Code by adding new
Subchapter GG.
Sec. 30.01251 provides that this subchapter shall apply to the City of
Lake Worth. Sec. 30.01252 permits the governing body of the
City to create a municipal court(s) of record by ordinance, prohibits
concurrent existence of municipal courts of record and municipal courts
that are not courts of record and provides for the terms of the court.
Sec. 30.01253 provides that the general law regarding municipal courts or
justice courts and any charter provision or ordinance relating to
municipal courts apply to the court of record unless they are in conflict
with this subchapter.
Sec. 30.01254 provides for the appointment of municipal judge(s) and a
chief judge, the qualifications for appointment, terms of office, exchange
of benches, guidelines for salaries, removal, parameters of authority for
the judge, vacancies, and alternate judges.
Sec. 30.01255 provides for the appointment of one or more magistrates and
establishes magistrates' qualifications, authority and duties.
Sec. 30.01256 provides for the appointment of a clerk of the municipal
court of record and establishes the clerk's duties.
Sec. 30.01257 provides for the appointment of a qualified court reporter
who may use written notes, transcribing equipment, video/audio recording
equipment or a combination of those methods to record the proceedings of
municipal court. The court reporter is not required to be present at
trial and need only transcribe the proceedings from the recording in the
event of an appeal.
Sec. 30.01258 provides that prosecutions in the municipal court of record
will be conducted by the city attorney or assistant or deputy city
attorney.
Sec. 30.01259 provides that any person brought before the municipal court
of record charged with an offense is entitled to be tried by a jury of six
persons unless that right is waived.
Sec. 30.01260 provides that a defendant, and not the state, has a right
to appeal from a judgment or conviction in the municipal court of record
on the basis of errors. The county criminal courts of Tarrant County have
jurisdiction over the appeal, which may not be by trial de novo. To
perfect an appeal, the defendant must file a written motion for new trial
which sets forth the points of error of which the defendant complains.
The defendant must give notice of the appeal upon the overruling of the
motion for new trial.
Sec. 30.01261 provides that an appeal may not be taken unless a bond
approved by the court is filed not later than the tenth day after the
motion for a new trial, and sets forth requirements for the bond.
Sec. 30.01262 details the required contents of the record on appeal.
The defendant is required to pay the cost of transcription unless the
court finds that the defendant is unable to pay. If the case is reversed
on appeal, the court must refund the cost of transcription to the
defendant.
Sec. 30.01263 requires the clerk to prepare a transcript of the court
proceedings if requested by the defendant and sets forth what must be
included in the transcript.
Sec. 30.01264 provides that either party may include bills of exception
in the transcript if they are timely filed with the municipal court clerk.
Sec. 30.01265 sets forth what must be contained in a statement of facts.
Sec. 30.01266 provides for the completion, approval and transfer of the
record upon appeal to the county appellate court.
Sec. 30.01267sets out the requirements for filing briefs on appeal.
Sec. 30.01268 provides that, except as modified by this Subchapter, the
Code of Criminal Procedure governs the trial of cases before the municipal
court of record and that the court may make and enforce rules of practice
and procedure necessary to expedite the trial cases not inconsistent with
general law. A bond must be payable to the state for the use and benefit
of the city. A peace officer may serve process issued by the municipal
courts of record. The county appellate courts can make and enforce rules
of practice and procedure not inconsistent with general law to expedite
appeals. Sec. 30.01269. Disposition on Appeal. Subsec. (a) authorizes
the appellate court to, according to the law and nature of the case,
affirm the judgment of the municipal court, reverse and remand the case
for a new trial, reverse and dismiss the case, or reform and correct the
judgment. Subsec. (b) sets out rebuttable presumptions on appeal. Subsec.
(c) directs the appellate court to deliver a written opinion or order
either sustaining or overruling each assignment of error presented to the
court and to mail copies of the decision to all parties and to the
municipal judge. Sec. 30.01270 requires the county
appellate court to certify the appellate proceedings and mail the
certificate to the municipal court. If the municipal court proceedings
were affirmed, further action to enforce the judgment is not necessary
except to forfeit the bond, issue a writ of capias or issue an execution
against the defendant's property.
Sec. 30.01271 provides that if the appellate court awards a new trial to
the defendant, the case is tried in the municipal court of record as if a
new trial had been granted by the court of record.
Sec. 30.01272 provides that the defendant may appeal to the Court of
Appeals if the fine assessed exceeds $100.00 and if the judgment is
affirmed by the county appellate court. Provisions in the Code of
Criminal Procedure relating to appeals from a county or a district court
apply to the appeal except the record and brief on appeal constitute the
record, and the record and brief shall be filed directly with the Court of
Appeals.
Sec. 30.01273 provides for the creation of joint courts of record by
contract.
Sec. 30.01274 provides for the appointment, term and removal of municipal
judges for the joint municipal courts of record.
Sec. 30.01275 provides for the jurisdiction of a joint municipal court of
record and appeal from that court.
Sec. 30.01276 provides for the selection of prosecuting attorneys for
joint courts.
Sec. 30.01277 provides for the method by which procedural requirements
are selected for the operation of the joint municipal courts of record.
SECTION 2. Emergency clause. Effective date.