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