SRC-AAA S.B. 400 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 400
By: Nelson
Jurisprudence
2-10-97
As Filed


DIGEST 

Currently, there are no municipal courts of record in the City of
Lewisville.  Texas law, absence of local statute providing for a municipal
court of record,  requires appeals from a municipal court to be done by a
trial de novo or a new trial.  A local statute providing for a municipal
court of record, however, may allow the appeal to be based on the recorded
errors made during the trial in lieu of a new trial.  This bill would
authorize the City of Lewisville to create municipal courts of record,
which do not require trial de novo on appeal.  

PURPOSE

As proposed, S.B. 400 creates municipal courts of record in the City of
Lewisville. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 30, Government Code, by adding Subchapter II, as
follows: 

SUBCHAPTER II. LEWISVILLE

Sec. 30.01321. APPLICATION. Provides that this subchapter applies to the
City of Lewisville (city). 

Sec. 30.01322. CREATION. Authorizes the governing body of the city to
create and determine a number of municipal courts of record, by ordinance.
Requires an ordinance establishing municipal courts to give each court
number a numerical designation, beginning with "Municipal Court of Record
No. 1."    Requires the governing body of the city to determine the method
of selecting municipal judges by using certain procedures.  Prohibits a
municipal court of record from existing concurrently with a municipal
court not that is of record.  Provides that a municipal court of record
has no terms and is authorized to sit at any time. 

Sec. 30.01323. JURISDICTION.  Sets forth the jurisdiction of a municipal
court of record. 

Sec. 30.01324. WRIT POWER. Authorizes a judge of a municipal court to
grant certain writs and to issue administrative search warrants. 

Sec. 30.01325. APPLICATION OF OTHER LAWS. Provides that 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. 30.01326. JUDGE. Sets forth requirements for municipal judges.

Sec. 30.01327. VACANCIES;  TEMPORARY REPLACEMENT; REMOVAL. Sets forth
requirements for a vacancy, temporary replacement, and removal of a
municipal judge.  

Sec. 30.01328. CLERK; OTHER PERSONNEL. Requires the city manager to
appoint a clerk to be known as "Lewisville Municipal Court Clerk."   Sets
forth the duties of the clerk and the duties of the clerk's deputies.  

Sec. 30.01329. COURT REPORTER.  Requires the city to provide a court
reporter. Requires the clerk to appoint the court reporter.  Requires the
city to compensate the court reporter.  Authorizes the court reporter to
use certain methods of recording.  Sets forth requirements for recording
testimony.  Authorizes the governing board of the city to have good
quality recording devices instead of a court reporter.  Sets forth how
long a recording is to be kept and stored.  Provides that appealed
proceedings are to be transcribed.  Requires the court reporter to certify
the official record. 

Sec. 30.01330. PROSECUTIONS BY CITY ATTORNEY.  Requires all prosecutions
in the municipal court of record to be conducted by the city attorney or
an assistant or deputy attorney. 

Sec. 30.01331. COMPLAINT; READING. Sets forth the requirements of a
complaint. 

Sec. 30.01332. JURY.  Provides that a defendant in a municipal court of
record is entitled to be tried by a jury of six persons, unless that right
is waived.  Sets forth the duties of the jury.  Requires the court to
determine all matters of law and to charge the jury on the law. Provides
that a juror who serves is to meet the qualifications required by jurors.
Provides for compensation to jurors.  Requires the clerk to establish a
fair and objective juror selection process. 

Sec. 30.01333. COURT RULES. Provides that the Code of Criminal Procedure
as applied to county courts applies to municipal courts of record.
Provides that bonds are to be payable to the state.  Prohibits the court
from assessing costs other than warrant fees, capias fees, and other fees
authorized for municipal courts.  Authorizes a peace officer to serve
process issued by a municipal court of record. 
Requires fines, fees, and bonds to be paid to the county clerk and
deposited into the city general fund. 

Sec. 30.01334. APPEAL. Sets forth requirements and procedures of an appeal
from a municipal court of record.  

Sec. 30.01335. APPEAL BOND; RECORD ON APPEAL. Requires the defendant to
file an appeal bond with the municipal court of record, if the defendant
is not in custody.  Sets forth requirements and procedures of the appeal
bond.   Sets forth the requirements and procedures of the record. 

Sec. 30.01336. TRANSCRIPT.  Sets forth requirements and procedures of the
transcript. Requires the defendant to file a copy of written instructions
with the clerk and deliver a copy to the city attorney.  Requires the city
attorney to file a written direction to the clerk if additional portions
of the trial proceedings in the transcript are to be included.  

Sec. 30.01337. BILLS OF EXCEPTION. Sets forth requirements of bills of
exception. 

Sec. 30.01338. STATEMENT OF FACTS. Sets forth the required contents of a
statement of facts. Requires the court reporter to transcribe any portion
of the recorded proceedings at the request of the parties or judge.
Requires the defendant to pay for the transcription, unless the defendant
is unable to pay. 

Sec. 30.01339. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. Requires
parties to file certain materials with the municipal court clerk within a
certain period of time. Sets forth procedures for completion, approval,
and transfer of the record. 

 Sec. 30.01340. BRIEF ON APPEAL. Sets forth requirements and deadlines of
a brief on appeal. 

Sec. 30.01341. 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.  Sets
forth the procedures in disposing an appeal.  

Sec. 30.01342. CERTIFICATION 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. 30.01343. EFFECT OR ORDER OF NEW TRIAL. Provides that if an appellate
court awards a new trial to a defendant, the case stands as if a new trial
had been granted by the municipal court. 

Sec. 30.01344. APPEAL TO COURT OF APPEALS. Sets forth requirements for
appeal to the court of appeals. 

Sec. 30.01345. SEAL. Sets forth the required format of the seal of the
municipal court of record and when it is to be used. 

SECTION 2. Emergency clause.
  Effective date: upon passage.