PMWJ H.B. 2374 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 2374
By: Driver
4-28-97
Committee Report (Amended)



BACKGROUND 

 As the statute of the City of Garland currently exists, it 
requires an official court reporter in 
the courtroom to record all proceedings where a record is 
requested.  The City of Garland wishes to 
avoid that requirement.  The Legislature has adopted similar 
provisions for a number of other 
municipal courts of record in Texas.  The requested amendments 
would permit the City of Garland 
to elect to record court proceedings in the municipal court on a 
high quality electric recorder.


PURPOSE

 This bill would permit the City of Garland to elect to record 
court proceedings in the 
municipal court on a high quality electric recorder, clarify 
provisions concerning alternate judges, 
require that the chief judge, instead of the governing body, 
appoint an official court reporter, and 
require that a chief judge be appointed if more than one judge is 
appointed.


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 Government Code Section 30.453, Jurisdiction, to 
delete a reference 
to a repealed statute and replace it with a reference to the 
sections of the Texas Local Government 
Code where the old stature was recodified.

 SECTION 2 amends Government Code Section 30.454, Judge, Subsecs. 
(a) and (d) and adds 
new Subsecs. (e) and (f).
 Subsec. (a) is amended to provide that if the City of Garland has 
more than one 
municipal judge, the city shall appoint one of the judges as 
chief judge.
 Subsec. (d) is amended to establish the qualifications for any 
alternate judge 
appointed by the City Council to serve in the absence of the 
municipal court judges, and to 
clarify that any alternate judge appointed in the absence of a 
municipal court judge has the 
same powers and duties of a municipal court judge.
 New Subsec. (e) provides for the exchange of benches.
 New Subsec. (f) requires a judge to take judicial notice of city 
ordinances and the 
boundaries of the City in cases before the Garland Municipal 
Court of Record.

 SECTION 3 amends Government Code Section 30.456, Court Reporter.
 Subsec. (a) is amended to provide that the chief judge, instead 
of the governing shall 
appoint the official court reporter for the court.  New language 
requires the governing body 
of the city to determine and provide compensation for the court 
reporter.  For clarification 
"and proceedings" is added after "cases tried" in the requirement 
that an official court 
reporter be provided for the purpose of preserving the record.
 Subsec. (b) is amended to require the court reporter to keep the 
record for 20 days
 after the last day of the court proceeding, trial or denial of a 
motion for a new trial.
 Current Subsec. (d) is moved to Subsec. (c) and Subsec. (c) is 
amended to provide 
that the court reporter need not record testimony unless the 
judge requests a record or one of 
the parties requests a record in writing and filed prior to the 
beginning of the trial or 
proceeding.
 New Subsec. (d) authorizes the governing body to provide for the 
recording of 
proceedings by a good quality electronic recording device instead 
of providing a court 
reporter.  The recording must be kept for 20 days after the 
proceeding, trial, or denial of 
motion for a new trial.  Proceedings that are appealed shall be 
transcribed from the recording 
by an official court reporter.

 SECTION 4.  Effective date.

 SECTION 5.  Emergency clause.


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 added a new Section 4 to the bill and 
renumbered subsequent 
sections of the bill.  New Section 4 amends Government Code 
Sections 30.461(b) and (c).  Subsec. 
(b) was amended to specify that a defendant's motion for new 
trial is overruled by operation of law 
if the court does not rule on the motion in 21 days after the 
motion is filed.  Subsec. (c) was amended 
to require the defendant to give notice of an appeal in order to 
perfect an appeal, to specify that the 
notice must be in writing, to clarify that the motion to which 
reference is made in Subsec. (c) is a 
motion "for new trial," and to strike language made obsolete by 
additions to this section (that the 
defendant may give notice of an appeal following an order