PMWJ H.B. 3542 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 3542 By: Driver 4-28-97 Committee Report (Amended) BACKGROUND Currently, there are no municipal courts of record in the City of Rowlett. Texas law, in the absence of a local statute providing for a municipal court of record, requires appeals from a municipal court to be done by a trial do novo or a new trial. However, a local statute providing for a municipal court of record may allow the appeal to be based on the recorded errors made during the trial in lieu of a new trial. PURPOSE HB 3542 permits the creation of municipal courts of record in the City of Rowlett and sets out necessary provisions pertaining to judges, employees, appeals, rules, and procedures of the courts. 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, Government Code, by adding Subchapter HH, Rowlett, as follows: Sec. 30.01291. APPLICATION. Provides that this subchapter applies to the City of Rowlett. Sec. 30.01292. CREATION. Authorizes the governing body of the city by ordinance to create a municipal court of record, determine the number of municipal courts of record that are needed, establish the courts, and give each court a numerical designation. Prohibits a municipal court of record from existing concurrently with a municipal court that is not of record. Provides that a municipal court of record has no terms and is authorized to sit at any time. Sec. 30.01293. APPLICATION OF OTHER LAWS. Provides that general law regarding municipal courts, the general law regarding justice courts on matters not covered by the law regarding municipal courts, and any charter provision or ordinance of the city relating to the municipal court apply to a municipal court of record, unless the law, charter provision, or ordinance is in conflict or inconsistent with this chapter. Sec. 30.01294. JUDGE. Court is presided over by a municipal judge, appointed by the governing body of the city for a term of two years. If there is more than one municipal judge in the city, the governing body shall appoint one as the chief judge. A judge cannot serve more than three consecutive terms. Sets out qualifications of judge. Provides for exchange of benches and makes acts of any judge binding on all parties to the proceeding. Judge is entitled to a salary, set by the governing body, which cannot be diminished during the judge's term of office and cannot be based directly or indirectly on fines, fees, or costs collected by the court. Sets out causes for which judge may be removed. Requires judge to take judicial notice of city ordinance and corporate limits of the city. Permits judge to grant or issue writs in cases in which the offense charged is within the jurisdiction of the court. Governing body may appoint alternate judges with same powers, duties, and qualifications as municipal judge, to serve for a municipal judge who is temporarily absent for any reason. Sec. 30.01295. CLERK; OTHER PERSONNEL. Requires the city manager to appoint a clerk, who shall keep records of the courts, issue process, and perform other duties as required by law, city charter, and city ordinance. Sec. 30.01296. COURT REPORTER. Requires trial proceedings, when requested by the judge or in writing by one of the parties filed three days in advance, to be recorded by a good quality electronic audio recording device or videotape recording device. Recording must be kept for 20-day period after the last court action. Fees for preparation of a record for purposes of appeal must be paid before the record is prepared by the court reporter. Sec. 30.01297. PROSECUTIONS BY CITY ATTORNEY. All prosecutions in the court must be conducted by the city attorney or an assistant or deputy city attorney. Sec. 30.01298. JURY. A person on trial in the municipal court of record is entitled to be tried by a jury of six persons. Sec. 30.01299. APPEAL. Provides for defendant to appeal a judgment or conviction in a municipal court. An appeal may not be by trial de novo. Sets forth requirements to perfect an appeal, to amend a motion for a new trial and to extend time to file the motion or amendment. Sec. 30.01300. APPEAL BOND. Requires the defendant to file an appeal bond if the defendant is not in custody. Sets forth requirements and procedures of an appeal bond. Sec. 30.01301. RECORD ON APPEAL. Record on appeal consists of transcript and, if necessary, a statement of facts, which clerk of court shall prepare. Defendant shall pay cost of preparation of record, unless court finds that defendant is unable to pay cost. If case if reversed on appeal, court shall refund cost to defendant. Sec. 30.01302. TRANSCRIPT. Specifies documents transcript must include. Sec. 30.01303. BILLS OF EXCEPTION. Sets forth requirements of bills of exception. Sec. 30.01304. STATEMENTS OF FACTS. Sets forth the required contents of a statement of facts. Sec. 30.01305. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. Requires parties to file certain materials with the municipal court clerk within 60 days. Sets forth procedures for completion, approval, and transfer of the record. Sec. 30.01306. BRIEF ON APPEAL. Sets forth requirements and deadlines of briefs on appeal. Sec. 30.01307. COURT RULES. Provides that the Code of Criminal Procedure governs cases before the court except as provided by this act. The municipal court and the appellate courts may make and enforce rules not inconsistent with general law. Sec. 30.01308. DISPOSITION ON APPEAL. Authorizes the appellate court to make certain decisions according to law and the nature of the case. Requires an appellate court to presume certain matters unless the matter was made an issue or appears to the contrary from the transcript. Requires appellate court to deliver a written opinion or order, setting forth the reason for its decision. Sec. 30.01309. CERTIFICATE OF APPELLATE PROCEEDINGS. Sets forth the duties of the clerk of the court when the judgment of the appellate court becomes final. Provides that if the municipal court of record judgment is affirmed, further action to enforce the judgment is not necessary except in certain matters. Sec. 30.01310. EFFECT OF ORDER OF NEW TRIAL. Provides that if an appellate court awards a new trial to the defendant, the case stands as if a new trial had been grated by the municipal court. Sec. 30.01311. APPEAL TO COURT OF APPEALS. Defendant has right to appeal to court of appeals if the fine assessed against the defendant exceeds $100 and the judgment is affirmed by the appellate court. Provides procedures for the appeal. SECTION 2. Emergency clause. Effective date. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 removes the three-term limit for municipal judges in