By Palmer H.B. No. 736
75R2902 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record in Lake
1-3 Worth.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 30, Government Code, is amended by adding
1-6 Subchapter GG to read as follows:
1-7 SUBCHAPTER GG. LAKE WORTH
1-8 Sec. 30.01251. APPLICATION. This subchapter applies to the
1-9 City of Lake Worth.
1-10 Sec. 30.01252. CREATION. (a) The governing body of the
1-11 city may by ordinance create a municipal court of record if it
1-12 determines that the formation of the court is necessary to provide
1-13 a more efficient disposition of cases arising in the city. The
1-14 governing body may by ordinance determine the number of municipal
1-15 courts of record that are required to dispose of the cases and may
1-16 establish as many as are needed. The ordinance establishing the
1-17 courts shall give each court a numerical designation, beginning
1-18 with "Municipal Court of Record No. 1."
1-19 (b) A municipal court of record may not exist concurrently
1-20 with municipal courts that are not courts of record in the city.
1-21 (c) A municipal court of record has no terms and may sit at
1-22 any time for the transaction of the business of the court.
1-23 Sec. 30.01253. APPLICATION OF OTHER LAWS. The general law
1-24 regarding municipal courts, the general law regarding justice
2-1 courts on matters not covered by the law regarding municipal
2-2 courts, and any charter provision or ordinance of the city relating
2-3 to the municipal court apply to a municipal court of record unless
2-4 the law, charter provision, or ordinance is in conflict or
2-5 inconsistent with this subchapter.
2-6 Sec. 30.01254. JUDGE. (a) A municipal court of record is
2-7 presided over by a municipal judge.
2-8 (b) If there is more than one municipal judge in the city,
2-9 the governing body of the city shall appoint one of the judges to
2-10 be the chief judge.
2-11 (c) A municipal judge, including the chief judge, is
2-12 appointed by the governing body of the city for a term of two
2-13 years.
2-14 (d) A municipal judge must be a licensed attorney in good
2-15 standing in this state and must have two or more years of
2-16 experience in the practice of law in this state. The judge must be
2-17 a citizen of the United States and of this state. The judge shall
2-18 devote as much time to the office as it requires.
2-19 (e) If there is more than one municipal court of record in
2-20 the city, the judges may exchange benches and may sit and act for
2-21 each other in any proceeding pending in the courts. An act
2-22 performed by any of the judges is binding on all parties to the
2-23 proceeding.
2-24 (f) A municipal judge is entitled to a salary from the city,
2-25 the amount of which is determined by the governing body of the city
2-26 and may not be diminished during the judge's term of office. The
2-27 salary may not be based directly or indirectly on fines, fees, or
3-1 costs collected by the court.
3-2 (g) A municipal judge may be removed from office by the
3-3 governing body of the city at any time for incompetency,
3-4 misconduct, malfeasance, or disability.
3-5 (h) A municipal judge shall take judicial notice of the city
3-6 ordinances and the corporate limits of the city in a case tried
3-7 before a municipal court of record. A municipal judge may grant
3-8 writs of mandamus, injunction, and attachment and other writs
3-9 necessary to the enforcement of the jurisdiction of the court and
3-10 may issue writs of habeas corpus in cases in which the offense
3-11 charged is within the jurisdiction of the court. A municipal judge
3-12 may issue administrative search warrants.
3-13 (i) The governing body of the city shall appoint a qualified
3-14 person to fill a vacancy in the office of municipal judge for the
3-15 remainder of the unexpired term.
3-16 (j) The governing body may appoint one or more qualified
3-17 persons to be available to serve for a municipal judge who is
3-18 temporarily absent due to illness, family death, continuing legal
3-19 or judicial education programs, or any other reason. The chief
3-20 judge, or the municipal judge if there is no chief judge, shall
3-21 select one of the persons appointed by the governing body to serve
3-22 during an absence. An alternate judge, while serving, has all the
3-23 powers and shall discharge all the duties of a municipal judge. An
3-24 alternate judge must have the same qualifications as a municipal
3-25 judge.
3-26 Sec. 30.01255. MAGISTRATES. (a) The governing body may
3-27 appoint one or more magistrates in addition to magistrates provided
4-1 under Article 2.09, Code of Criminal Procedure.
4-2 (b) A magistrate does not have to possess all the
4-3 qualifications necessary to be a municipal court of record judge.
4-4 (c) A magistrate may not preside over the court or hear
4-5 contested cases.
4-6 (d) A magistrate may:
4-7 (1) conduct an arraignment;
4-8 (2) hold an indigency hearing;
4-9 (3) accept a plea;
4-10 (4) sign a judgment;
4-11 (5) set the amount of a bond; and
4-12 (6) perform other functions under Article 15.17, Code
4-13 of Criminal Procedure.
4-14 Sec. 30.01256. CLERK; OTHER PERSONNEL. The city
4-15 administrator of the city shall appoint a clerk of the municipal
4-16 court of record who may hire, direct, and remove the personnel
4-17 authorized in the city's annual budget for the clerk's office. The
4-18 clerk or the clerk's deputies shall keep the records of the
4-19 municipal courts of record, issue process, and generally perform
4-20 the duties for the courts that a clerk of the county court
4-21 exercising criminal jurisdiction is required by law to perform for
4-22 that court. The clerk shall perform the duties in accordance with
4-23 statutes, the city charter, and city ordinances.
4-24 Sec. 30.01257. COURT REPORTER. (a) The city shall provide
4-25 a court reporter for the purpose of preserving a record in cases
4-26 tried before the municipal court of record. The clerk of the court
4-27 shall appoint the court reporter, who must meet the qualifications
5-1 provided by law for official court reporters. The reporter shall
5-2 be compensated by the city in the manner determined by the
5-3 governing body of the city.
5-4 (b) The court reporter may use written notes, transcribing
5-5 equipment, video or audio recording equipment, or a combination of
5-6 those methods to record the proceedings of the court. A record
5-7 shall be kept for the 20-day period beginning the day after the
5-8 last day of the court proceeding, trial, or denial of motion for
5-9 new trial, whichever occurs last.
5-10 (c) The court reporter is not required to record testimony
5-11 in a case unless the judge or one of the parties requests a record.
5-12 A party's request for a record must be in writing and be filed with
5-13 the court before trial.
5-14 (d) The governing body may provide that, in lieu of
5-15 providing a court reporter at trial, proceedings in a municipal
5-16 court of record may be recorded by a good quality electronic
5-17 recording device. If the governing body authorizes the electronic
5-18 recording, the court reporter need not be present at trial to
5-19 certify the statement of facts. The recording shall be kept and
5-20 stored for the 20-day period beginning the day after the last day
5-21 of the proceeding, trial, or denial of motion for new trial,
5-22 whichever occurs last. The proceedings that are appealed shall be
5-23 transcribed from the recording by an official court reporter.
5-24 Sec. 30.01258. PROSECUTIONS BY CITY ATTORNEY. All
5-25 prosecutions in the municipal court of record must be conducted by
5-26 the city attorney or an assistant or deputy city attorney.
5-27 Sec. 30.01259. JURY. (a) A person who is brought before a
6-1 municipal court of record and who is charged with an offense is
6-2 entitled to be tried by a jury of six persons unless that right is
6-3 waived according to law. The jury shall decide all questions of
6-4 fact or credibility of witnesses. The court shall determine all
6-5 matters of law and shall charge the jury on the law.
6-6 (b) A juror who serves in the municipal courts of record
6-7 must meet the qualifications provided by Chapter 62.
6-8 Sec. 30.01260. APPEAL. (a) A defendant has the right of
6-9 appeal from a judgment or conviction in a municipal court of record
6-10 as provided in this subchapter. The county criminal courts of
6-11 Tarrant County have jurisdiction over an appeal. The state has no
6-12 right to an appeal or to a new trial.
6-13 (b) The appellate court shall determine each appeal from a
6-14 municipal court of record conviction on the basis of the errors
6-15 that are set forth in the defendant's motion for new trial and that
6-16 are presented in the transcript and statement of facts prepared
6-17 from the proceedings leading to the conviction. An appeal from the
6-18 municipal court of record may not be by trial de novo.
6-19 (c) To perfect an appeal, the defendant must file with the
6-20 municipal court clerk a written motion for new trial not later than
6-21 the 10th day after the date on which judgment is rendered. The
6-22 motion must set forth the points of error of which the defendant
6-23 complains. The motion or an amended motion may be amended by leave
6-24 of court at any time before action on the motion is taken, but not
6-25 later than the 20th day after the date on which the original or
6-26 amended motion is filed. The court may for good cause extend the
6-27 time for filing or amending, but the extension may not exceed 90
7-1 days from the original filing deadline. If the court does not act
7-2 on the motion before the expiration of the 30 days allowed for
7-3 determination of the motion, the original or amended motion is
7-4 overruled by operation of law.
7-5 (d) To perfect an appeal, the defendant must also give
7-6 notice of the appeal. If the defendant requests a hearing on the
7-7 motion for new trial, the defendant may give the notice of appeal
7-8 orally in open court on the overruling of the motion. If there is
7-9 no hearing, the defendant must give written notice of appeal and
7-10 must file the notice with the court not later than the 10th day
7-11 after the date on which the motion is overruled. The court may for
7-12 good cause extend that time period, but the extension may not
7-13 exceed 90 days from the original filing deadline.
7-14 Sec. 30.01261. APPEAL BOND. (a) If the defendant is not in
7-15 custody, the defendant may not take an appeal until the defendant
7-16 files an appeal bond with the municipal court of record. The bond
7-17 must be approved by the court and must be filed not later than the
7-18 10th day after the date on which the motion for new trial is
7-19 overruled. If the defendant is in custody, the defendant shall be
7-20 committed to jail unless the defendant posts the appeal bond.
7-21 (b) The appeal bond must be in the amount of $50 or double
7-22 the amount of the fine and costs adjudged against the defendant,
7-23 whichever is greater. The bond must state that the defendant was
7-24 convicted in the case and has appealed, must be payable to the
7-25 state for the use and benefit of the city, and must be conditioned
7-26 on the defendant's appearance in the court to which the appeal is
7-27 taken.
8-1 Sec. 30.01262. RECORD ON APPEAL. The record on appeal
8-2 consists of a transcript and, if necessary to the appeal, a
8-3 statement of facts. The court reporter shall prepare the record
8-4 from the reporter's record or mechanical or videotape recordings of
8-5 the proceedings. The defendant shall pay for the cost of the
8-6 transcription. If the court finds that the defendant is unable to
8-7 pay or give security for the record on appeal after a hearing in
8-8 response to an affidavit by the defendant, the court shall order
8-9 the reporter to prepare the record without charge to the defendant.
8-10 If the case is reversed on appeal, the court shall promptly refund
8-11 the cost to the defendant.
8-12 Sec. 30.01263. TRANSCRIPT. (a) On the written request of
8-13 the defendant or the defendant's attorney, the municipal court
8-14 clerk shall prepare under the clerk's hand and seal a transcript of
8-15 the municipal court of record proceedings. The transcript must
8-16 include copies of:
8-17 (1) the complaint;
8-18 (2) material docket entries made by the court;
8-19 (3) the jury charge and verdict in a jury trial;
8-20 (4) the judgment;
8-21 (5) the motion for new trial;
8-22 (6) the notice of appeal;
8-23 (7) written motions and pleas;
8-24 (8) written orders of the court;
8-25 (9) any bills of exception filed with the court;
8-26 (10) the appeal bond; and
8-27 (11) exhibits admitted into evidence.
9-1 (b) The clerk may include in the transcript additional
9-2 portions of the proceedings in the court prepared from mechanical
9-3 or videotape recordings.
9-4 Sec. 30.01264. BILLS OF EXCEPTION. Either party may include
9-5 bills of exception in the transcript subject to the applicable
9-6 provisions of the Texas Rules of Appellate Procedure. The bills of
9-7 exception must be filed with the municipal court clerk not later
9-8 than the 60th day after the date on which the notice of appeal is
9-9 given or filed.
9-10 Sec. 30.01265. STATEMENTS OF FACTS. A statement of facts
9-11 included in the record on appeal must contain:
9-12 (1) a transcript of all or part of the municipal court
9-13 of record proceedings that are shown by the notes of the court
9-14 reporter to have occurred before, during, or after the trial, if
9-15 the transcript is requested by the defendant;
9-16 (2) a brief statement of the facts of the case proven
9-17 at trial as agreed to by the defendant and the prosecuting
9-18 attorney;
9-19 (3) a partial transcript and the agreed statement of
9-20 the facts of the case; or
9-21 (4) a transcript of all or part of the municipal court
9-22 of record proceedings in the case that is prepared from mechanical
9-23 or videotape recordings of the proceedings.
9-24 Sec. 30.01266. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
9-25 (a) Not later than the 60th day after the date on which the notice
9-26 of appeal is given or filed, the parties must file with the
9-27 municipal court clerk:
10-1 (1) the statement of facts;
10-2 (2) a written description of material to be included
10-3 in the transcript in addition to the required material; and
10-4 (3) any material to be included in the transcript that
10-5 is not in the custody of the clerk.
10-6 (b) On completion of the record, the municipal judge shall
10-7 approve the record in the manner provided for record completion,
10-8 approval, and notification in the court of appeals.
10-9 (c) After the court approves the record, the clerk shall
10-10 promptly send it to the appellate court clerk for filing. The
10-11 appellate court clerk shall notify the defendant and the
10-12 prosecuting attorney that the record has been filed.
10-13 Sec. 30.01267. BRIEF ON APPEAL. (a) A defendant's brief on
10-14 appeal from a municipal court of record must present points of
10-15 error in the manner required by law for a brief on appeal to the
10-16 court of appeals.
10-17 (b) The defendant must file the brief with the appellate
10-18 court clerk not later than the 15th day after the date on which the
10-19 transcript and statement of facts are filed with that clerk. The
10-20 defendant or the defendant's attorney must certify that the brief
10-21 has been properly mailed to the prosecuting attorney.
10-22 (c) The prosecuting attorney must file the appellee's brief
10-23 with the appellate court clerk not later than the 15th day after
10-24 the date on which the defendant's brief is filed.
10-25 (d) On filing, each party shall deliver a copy of the brief
10-26 to the opposing party and to the municipal judge.
10-27 Sec. 30.01268. COURT RULES. (a) Except as modified by this
11-1 subchapter, the Code of Criminal Procedure governs the trial of
11-2 cases before the municipal court of record. The court may make and
11-3 enforce all rules of practice and procedure necessary to expedite
11-4 the trial of cases before the court that are not inconsistent with
11-5 general law.
11-6 (b) A bond must be payable to the state for the use and
11-7 benefit of the city.
11-8 (c) A peace officer may serve a process issued by a
11-9 municipal court of record.
11-10 (d) The appellate courts may make and enforce all rules of
11-11 practice and procedure that are not inconsistent with general law
11-12 and that are necessary to expedite the dispatch of appeals from the
11-13 municipal court of record.
11-14 Sec. 30.01269. DISPOSITION ON APPEAL. (a) According to law
11-15 and the nature of the case, the appellate court may:
11-16 (1) affirm the judgment of the municipal court of
11-17 record;
11-18 (2) reverse and remand for a new trial;
11-19 (3) reverse and dismiss the case; or
11-20 (4) reform and correct the judgment.
11-21 (b) Unless the matter was made an issue in the trial court
11-22 or it affirmatively appears to the contrary from the transcript or
11-23 the statement of facts, the appellate court shall presume that:
11-24 (1) venue was proven in the trial court;
11-25 (2) the jury, if any, was properly impaneled and
11-26 sworn;
11-27 (3) the defendant was arraigned and pleaded to the
12-1 complaint; and
12-2 (4) the municipal judge certified the charge before it
12-3 was read to the jury.
12-4 (c) In each case decided by the appellate court, the court
12-5 shall deliver a written opinion or order either sustaining or
12-6 overruling each assignment of error presented. The court shall set
12-7 forth the reasons for its decision. The appellate court clerk
12-8 shall mail copies of the decision to the parties and to the
12-9 municipal judge as soon as the decision is rendered.
12-10 Sec. 30.01270. CERTIFICATE OF APPELLATE PROCEEDINGS. When
12-11 the judgment of the appellate court becomes final, the clerk of
12-12 that court shall certify the proceedings and the judgment and shall
12-13 mail the certificate to the municipal court. The court clerk shall
12-14 file the certificate with the papers in the case and note the
12-15 certificate on the case docket. If the municipal court of record
12-16 judgment is affirmed, further action to enforce the judgment is not
12-17 necessary except to:
12-18 (1) forfeit the bond of the defendant;
12-19 (2) issue a writ of capias for the defendant; or
12-20 (3) issue an execution against the defendant's
12-21 property.
12-22 Sec. 30.01271. EFFECT OF ORDER OF NEW TRIAL. If the
12-23 appellate court awards a new trial to the defendant, the case
12-24 stands as if a new trial had been granted by the municipal court of
12-25 record.
12-26 Sec. 30.01272. APPEAL TO COURT OF APPEALS. The defendant
12-27 has the right to appeal to the court of appeals if the fine
13-1 assessed against the defendant exceeds $100 and if the judgment is
13-2 affirmed by the appellate court. The provisions of the Texas Rules
13-3 of Appellate Procedure relating to direct appeals from a county or
13-4 a district court to the court of appeals apply to the appeal,
13-5 except that:
13-6 (1) the record and briefs on appeal in the appellate
13-7 court constitute the record and briefs on appeal to the court of
13-8 appeals unless the rules of the court of criminal appeals provide
13-9 otherwise; and
13-10 (2) the record and briefs shall be filed directly with
13-11 the court of appeals.
13-12 Sec. 30.01273. JOINT COURTS: CREATION. (a) The governing
13-13 body of the city may contract with one or more municipalities that
13-14 have municipal courts of record to establish a joint municipal
13-15 court of record to serve the contracting municipalities.
13-16 (b) A joint municipal court of record created under this
13-17 section replaces each municipality's individual municipal court of
13-18 record.
13-19 Sec. 30.01274. JOINT COURT: JUDGES. (a) Notwithstanding
13-20 any other law, a joint municipal court of record created under
13-21 Section 30.01273 is presided over by a municipal judge or alternate
13-22 municipal judge who is appointed by a majority vote of each of the
13-23 governing bodies of the contracting municipalities for a two-year
13-24 term.
13-25 (b) The judge of a joint municipal court of record may be
13-26 removed from office by the governing bodies of the contracting
13-27 municipalities at any time for incompetency, misconduct,
14-1 malfeasance, or inability to perform the tasks of the office.
14-2 Sec. 30.01275. JOINT COURTS: JURISDICTION. (a) The
14-3 jurisdiction of a joint municipal court of record created under
14-4 Section 30.01273 is the combined jurisdiction of the municipal
14-5 courts of the contracting municipalities.
14-6 (b) An appeal from a joint municipal court of record created
14-7 under Section 30.01273 is to the county criminal court of the
14-8 county in which the offense occurred. If that county does not have
14-9 a county criminal court, appeal is to the county court of law of
14-10 the county.
14-11 Sec. 30.01276. JOINT COURT: PROSECUTING ATTORNEY. A
14-12 municipality that contracts under Section 30.01273 may provide its
14-13 own prosecuting attorney or the contracting municipalities may
14-14 agree on the selection of one or more prosecuting attorneys.
14-15 Sec. 30.01277. JOINT COURT: APPLICABLE LAW. (a) The
14-16 municipalities by contract shall select one of the contracting
14-17 municipality's enabling statutes as the source of applicable
14-18 procedural requirements for the operation of the joint municipal
14-19 court of record established under Section 30.01273.
14-20 (b) All of the provisions of the statute selected under
14-21 Subsection (a) apply to the operation of the joint municipal court
14-22 of record. If there is a conflict with any of the provisions in
14-23 Sections 30.01273-30.01276, those sections control.
14-24 (c) Any matter that is not governed by the contracting
14-25 municipalities' enabling legislation or other law shall be resolved
14-26 by the contract entered into under Section 30.01273.
14-27 SECTION 2. The importance of this legislation and the
15-1 crowded condition of the calendars in both houses create an
15-2 emergency and an imperative public necessity that the
15-3 constitutional rule requiring bills to be read on three several
15-4 days in each house be suspended, and this rule is hereby suspended,
15-5 and that this Act take effect and be in force from and after its
15-6 passage, and it is so enacted.