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.