SRC-AAA S.B. 1063 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 1063
By: Carona
Jurisprudence
3-13-97
As Filed


DIGEST 

Currently, there are no municipal courts of record in the City of
Richardson.   This bill would authorize the City of Richardson to create
municipal courts of record; allows council appointments of judges,
election of judges not even mentioned; limits appeals to question of law,
not questions of guilt; allows for electronic recording of proceedings;
and provides for preparation of transcripts only for appeal. 

PURPOSE

As proposed, S.B. 1063 creates municipal courts of record in the City of
Richardson; allows council appointments of judges, election of judges not
even mentioned; limits appeals to question of law, not questions of guilt;
allows for electronic recording of proceedings; and provides for
preparation of transcripts only for appeal. 

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 KK, as
follows: 

SUBCHAPTER KK. RICHARDSON

Sec. 30.01401. APPLICATION. Provides that this subchapter applies to the
City of Richardson (city). 

Sec. 30.01402. 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 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 that is not of record. Provides that a municipal court of record has
no terms and is authorized to sit at any time. 

Sec. 30.01403. JURISDICTION.  Sets forth the jurisdiction of a municipal
court of record. 

Sec. 30.01404. WRIT POWER. Authorizes a judge of a municipal court to
grant certain writs and to issue administrative search warrants. 

Sec. 30.01405. 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. 30.01406. JUDGE. Sets forth requirements for municipal judges.
 
Sec. 30.01407. VACANCIES;  TEMPORARY REPLACEMENT; REMOVAL. Sets forth
requirements for a vacancy, temporary replacement, and removal of a
municipal judge.  

Sec. 30.01408. CLERK; OTHER PERSONNEL. Requires the city manager to
appoint a clerk to be known as the municipal court clerk.   Sets forth the
duties of the clerk and the duties of the clerk's deputies.  

Sec. 30.01409. COURT REPORTER.  Requires the city to provide a court
reporter. Requires the clerk to appoint the court reporter. Authorizes the
clerk to record the proceedings of a municipal court of record. Sets forth
requirements for recording testimony. Provides that appealed proceedings
are to be transcribed from a recording by an official court reporter.
Authorizes a court reporter to use certain methods of recording. Sets
forth how long a recording is to be kept and stored.   Provides that no
one is required to record testimony in a case unless the judge or the
parties request a record.   Sets forth requirements of the request.
Requires the court reporter to certify the official record. 

Sec. 30.01410. PROSECUTION 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. 30.01411. COMPLAINT; PLEADING. Sets forth the requirements of a
complaint. 

Sec. 30.01412. 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.  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. 30.01413. COURT RULES. Provides that the Code of Criminal Procedure
as applied to county courts governs cases before to municipal courts of
record.  Requires bonds  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 a
process issued by a municipal court of record.  Sets forth court rules in
a conviction. Requires fines, fees, and bonds to be paid to the municipal
court clerk and deposited into the city general fund. 

Sec. 30.01414. APPEAL. Sets forth requirements and procedures of an appeal
from a municipal court of record.  

Sec. 30.01415. APPEAL BOND; RECORD ON APPEAL. Prohibits the defendant from
taking an appeal until the defendant files 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. 30.01416. TRANSCRIPT.  Requires the clerk to prepare a transcript of
the court proceedings after paying a fee.  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. 30.01417. 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 the judge.
Requires the defendant to pay for the transcription, unless the defendant
is unable to pay.  Requires the court reporter to be paid for the services
by the city. 

Sec. 30.01418.  TRANSFER OF RECORD; FEE. Requires parties to file certain
materials with the municipal court clerk within a certain period of time.

 Sec. 30.01419. BRIEF ON APPEAL. Sets forth requirements and deadlines of
a brief on appeal. 

Sec. 30.01420. PROCEDURE; DISPOSITION ON APPEAL.  Requires the appellate
court to hear appeals from the municipal court at the earliest possible
time. Authorizes the court to determine the rules for oral argument.
Provides that the case may be submitted without oral argument. 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 requirements of an opinion of the court.   

Sec. 30.01421. 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. 30.01422. 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. 30.01423. APPEAL TO COURT OF APPEALS. Sets forth requirements for
appeal of the appellate court decision to the court of appeals. 

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