1-1 By: Palmer (Senate Sponsor - Moncrief) H.B. No. 736 1-2 (In the Senate - Received from the House April 4, 1997; 1-3 April 8, 1997, read first time and referred to Committee on 1-4 Jurisprudence; April 29, 1997, reported favorably by the following 1-5 vote: Yeas 7, Nays 0; April 29, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation of municipal courts of record in Lake 1-9 Worth. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 30, Government Code, is amended by adding 1-12 Subchapter GG to read as follows: 1-13 SUBCHAPTER GG. LAKE WORTH 1-14 Sec. 30.01251. APPLICATION. This subchapter applies to the 1-15 City of Lake Worth. 1-16 Sec. 30.01252. CREATION. (a) The governing body of the 1-17 city may by ordinance create a municipal court of record if it 1-18 determines that the formation of the court is necessary to provide 1-19 a more efficient disposition of cases arising in the city. The 1-20 governing body may by ordinance determine the number of municipal 1-21 courts of record that are required to dispose of the cases and may 1-22 establish as many as are needed. The ordinance establishing the 1-23 courts shall give each court a numerical designation, beginning 1-24 with "Municipal Court of Record No. 1." 1-25 (b) A municipal court of record may not exist concurrently 1-26 with municipal courts that are not courts of record in the city. 1-27 (c) A municipal court of record has no terms and may sit at 1-28 any time for the transaction of the business of the court. 1-29 Sec. 30.01253. APPLICATION OF OTHER LAWS. The general law 1-30 regarding municipal courts, the general law regarding justice 1-31 courts on matters not covered by the law regarding municipal 1-32 courts, and any charter provision or ordinance of the city relating 1-33 to the municipal court apply to a municipal court of record unless 1-34 the law, charter provision, or ordinance is in conflict or 1-35 inconsistent with this subchapter. 1-36 Sec. 30.01254. JUDGE. (a) A municipal court of record is 1-37 presided over by a municipal judge. 1-38 (b) If there is more than one municipal judge in the city, 1-39 the governing body of the city shall appoint one of the judges to 1-40 be the chief judge. 1-41 (c) A municipal judge, including the chief judge, is 1-42 appointed by the governing body of the city for a term of two 1-43 years. 1-44 (d) A municipal judge must be a licensed attorney in good 1-45 standing in this state and must have two or more years of 1-46 experience in the practice of law in this state. The judge must be 1-47 a citizen of the United States and of this state. The judge shall 1-48 devote as much time to the office as it requires. 1-49 (e) If there is more than one municipal court of record in 1-50 the city, the judges may exchange benches and may sit and act for 1-51 each other in any proceeding pending in the courts. An act 1-52 performed by any of the judges is binding on all parties to the 1-53 proceeding. 1-54 (f) A municipal judge is entitled to a salary from the city, 1-55 the amount of which is determined by the governing body of the city 1-56 and may not be diminished during the judge's term of office. The 1-57 salary may not be based directly or indirectly on fines, fees, or 1-58 costs collected by the court. 1-59 (g) A municipal judge may be removed from office by the 1-60 governing body of the city at any time for incompetency, 1-61 misconduct, malfeasance, or disability. 1-62 (h) A municipal judge shall take judicial notice of the city 1-63 ordinances and the corporate limits of the city in a case tried 1-64 before a municipal court of record. A municipal judge may grant 2-1 writs of mandamus, injunction, and attachment and other writs 2-2 necessary to the enforcement of the jurisdiction of the court and 2-3 may issue writs of habeas corpus in cases in which the offense 2-4 charged is within the jurisdiction of the court. A municipal judge 2-5 may issue administrative search warrants. 2-6 (i) The governing body of the city shall appoint a qualified 2-7 person to fill a vacancy in the office of municipal judge for the 2-8 remainder of the unexpired term. 2-9 (j) The governing body may appoint one or more qualified 2-10 persons to be available to serve for a municipal judge who is 2-11 temporarily absent due to illness, family death, continuing legal 2-12 or judicial education programs, or any other reason. The chief 2-13 judge, or the municipal judge if there is no chief judge, shall 2-14 select one of the persons appointed by the governing body to serve 2-15 during an absence. An alternate judge, while serving, has all the 2-16 powers and shall discharge all the duties of a municipal judge. An 2-17 alternate judge must have the same qualifications as a municipal 2-18 judge. 2-19 Sec. 30.01255. MAGISTRATES. (a) The governing body may 2-20 appoint one or more magistrates in addition to magistrates provided 2-21 under Article 2.09, Code of Criminal Procedure. 2-22 (b) A magistrate does not have to possess all the 2-23 qualifications necessary to be a municipal court of record judge. 2-24 (c) A magistrate may not preside over the court or hear 2-25 contested cases. 2-26 (d) A magistrate may: 2-27 (1) conduct an arraignment; 2-28 (2) hold an indigency hearing; 2-29 (3) accept a plea; 2-30 (4) sign a judgment; 2-31 (5) set the amount of a bond; and 2-32 (6) perform other functions under Article 15.17, Code 2-33 of Criminal Procedure. 2-34 Sec. 30.01256. CLERK; OTHER PERSONNEL. The city 2-35 administrator of the city shall appoint a clerk of the municipal 2-36 court of record who may hire, direct, and remove the personnel 2-37 authorized in the city's annual budget for the clerk's office. The 2-38 clerk or the clerk's deputies shall keep the records of the 2-39 municipal courts of record, issue process, and generally perform 2-40 the duties for the courts that a clerk of the county court 2-41 exercising criminal jurisdiction is required by law to perform for 2-42 that court. The clerk shall perform the duties in accordance with 2-43 statutes, the city charter, and city ordinances. 2-44 Sec. 30.01257. COURT REPORTER. (a) The city shall provide 2-45 a court reporter for the purpose of preserving a record in cases 2-46 tried before the municipal court of record. The clerk of the court 2-47 shall appoint the court reporter, who must meet the qualifications 2-48 provided by law for official court reporters. The reporter shall 2-49 be compensated by the city in the manner determined by the 2-50 governing body of the city. 2-51 (b) The court reporter may use written notes, transcribing 2-52 equipment, video or audio recording equipment, or a combination of 2-53 those methods to record the proceedings of the court. A record 2-54 shall be kept for the 20-day period beginning the day after the 2-55 last day of the court proceeding, trial, or denial of motion for 2-56 new trial, whichever occurs last. 2-57 (c) The court reporter is not required to record testimony 2-58 in a case unless the judge or one of the parties requests a record. 2-59 A party's request for a record must be in writing and be filed with 2-60 the court before trial. 2-61 (d) The governing body may provide that, in lieu of 2-62 providing a court reporter at trial, proceedings in a municipal 2-63 court of record may be recorded by a good quality electronic 2-64 recording device. If the governing body authorizes the electronic 2-65 recording, the court reporter need not be present at trial to 2-66 certify the statement of facts. The recording shall be kept and 2-67 stored for the 20-day period beginning the day after the last day 2-68 of the proceeding, trial, or denial of motion for new trial, 2-69 whichever occurs last. The proceedings that are appealed shall be 3-1 transcribed from the recording by an official court reporter. 3-2 Sec. 30.01258. PROSECUTIONS BY CITY ATTORNEY. All 3-3 prosecutions in the municipal court of record must be conducted by 3-4 the city attorney or an assistant or deputy city attorney. 3-5 Sec. 30.01259. JURY. (a) A person who is brought before a 3-6 municipal court of record and who is charged with an offense is 3-7 entitled to be tried by a jury of six persons unless that right is 3-8 waived according to law. The jury shall decide all questions of 3-9 fact or credibility of witnesses. The court shall determine all 3-10 matters of law and shall charge the jury on the law. 3-11 (b) A juror who serves in the municipal courts of record 3-12 must meet the qualifications provided by Chapter 62. 3-13 Sec. 30.01260. APPEAL. (a) A defendant has the right of 3-14 appeal from a judgment or conviction in a municipal court of record 3-15 as provided in this subchapter. The county criminal courts of 3-16 Tarrant County have jurisdiction over an appeal. The state has no 3-17 right to an appeal or to a new trial. 3-18 (b) The appellate court shall determine each appeal from a 3-19 municipal court of record conviction on the basis of the errors 3-20 that are set forth in the defendant's motion for new trial and that 3-21 are presented in the transcript and statement of facts prepared 3-22 from the proceedings leading to the conviction. An appeal from the 3-23 municipal court of record may not be by trial de novo. 3-24 (c) To perfect an appeal, the defendant must file with the 3-25 municipal court clerk a written motion for new trial not later than 3-26 the 10th day after the date on which judgment is rendered. The 3-27 motion must set forth the points of error of which the defendant 3-28 complains. The motion or an amended motion may be amended by leave 3-29 of court at any time before action on the motion is taken, but not 3-30 later than the 20th day after the date on which the original or 3-31 amended motion is filed. The court may for good cause extend the 3-32 time for filing or amending, but the extension may not exceed 90 3-33 days from the original filing deadline. If the court does not act 3-34 on the motion before the expiration of the 30 days allowed for 3-35 determination of the motion, the original or amended motion is 3-36 overruled by operation of law. 3-37 (d) To perfect an appeal, the defendant must also give 3-38 notice of the appeal. If the defendant requests a hearing on the 3-39 motion for new trial, the defendant may give the notice of appeal 3-40 orally in open court on the overruling of the motion. If there is 3-41 no hearing, the defendant must give written notice of appeal and 3-42 must file the notice with the court not later than the 10th day 3-43 after the date on which the motion is overruled. The court may for 3-44 good cause extend that time period, but the extension may not 3-45 exceed 90 days from the original filing deadline. 3-46 Sec. 30.01261. APPEAL BOND. (a) If the defendant is not in 3-47 custody, the defendant may not take an appeal until the defendant 3-48 files an appeal bond with the municipal court of record. The bond 3-49 must be approved by the court and must be filed not later than the 3-50 10th day after the date on which the motion for new trial is 3-51 overruled. If the defendant is in custody, the defendant shall be 3-52 committed to jail unless the defendant posts the appeal bond. 3-53 (b) The appeal bond must be in the amount of $50 or double 3-54 the amount of the fine and costs adjudged against the defendant, 3-55 whichever is greater. The bond must state that the defendant was 3-56 convicted in the case and has appealed, must be payable to the 3-57 state for the use and benefit of the city, and must be conditioned 3-58 on the defendant's appearance in the court to which the appeal is 3-59 taken. 3-60 Sec. 30.01262. RECORD ON APPEAL. The record on appeal 3-61 consists of a transcript and, if necessary to the appeal, a 3-62 statement of facts. The court reporter shall prepare the record 3-63 from the reporter's record or mechanical or videotape recordings of 3-64 the proceedings. The defendant shall pay for the cost of the 3-65 transcription. If the court finds that the defendant is unable to 3-66 pay or give security for the record on appeal after a hearing in 3-67 response to an affidavit by the defendant, the court shall order 3-68 the reporter to prepare the record without charge to the defendant. 3-69 If the case is reversed on appeal, the court shall promptly refund 4-1 the cost to the defendant. 4-2 Sec. 30.01263. TRANSCRIPT. (a) On the written request of 4-3 the defendant or the defendant's attorney, the municipal court 4-4 clerk shall prepare under the clerk's hand and seal a transcript of 4-5 the municipal court of record proceedings. The transcript must 4-6 include copies of: 4-7 (1) the complaint; 4-8 (2) material docket entries made by the court; 4-9 (3) the jury charge and verdict in a jury trial; 4-10 (4) the judgment; 4-11 (5) the motion for new trial; 4-12 (6) the notice of appeal; 4-13 (7) written motions and pleas; 4-14 (8) written orders of the court; 4-15 (9) any bills of exception filed with the court; 4-16 (10) the appeal bond; and 4-17 (11) exhibits admitted into evidence. 4-18 (b) The clerk may include in the transcript additional 4-19 portions of the proceedings in the court prepared from mechanical 4-20 or videotape recordings. 4-21 Sec. 30.01264. BILLS OF EXCEPTION. Either party may include 4-22 bills of exception in the transcript subject to the applicable 4-23 provisions of the Texas Rules of Appellate Procedure. The bills of 4-24 exception must be filed with the municipal court clerk not later 4-25 than the 60th day after the date on which the notice of appeal is 4-26 given or filed. 4-27 Sec. 30.01265. STATEMENTS OF FACTS. A statement of facts 4-28 included in the record on appeal must contain: 4-29 (1) a transcript of all or part of the municipal court 4-30 of record proceedings that are shown by the notes of the court 4-31 reporter to have occurred before, during, or after the trial, if 4-32 the transcript is requested by the defendant; 4-33 (2) a brief statement of the facts of the case proven 4-34 at trial as agreed to by the defendant and the prosecuting 4-35 attorney; 4-36 (3) a partial transcript and the agreed statement of 4-37 the facts of the case; or 4-38 (4) a transcript of all or part of the municipal court 4-39 of record proceedings in the case that is prepared from mechanical 4-40 or videotape recordings of the proceedings. 4-41 Sec. 30.01266. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. 4-42 (a) Not later than the 60th day after the date on which the notice 4-43 of appeal is given or filed, the parties must file with the 4-44 municipal court clerk: 4-45 (1) the statement of facts; 4-46 (2) a written description of material to be included 4-47 in the transcript in addition to the required material; and 4-48 (3) any material to be included in the transcript that 4-49 is not in the custody of the clerk. 4-50 (b) On completion of the record, the municipal judge shall 4-51 approve the record in the manner provided for record completion, 4-52 approval, and notification in the court of appeals. 4-53 (c) After the court approves the record, the clerk shall 4-54 promptly send it to the appellate court clerk for filing. The 4-55 appellate court clerk shall notify the defendant and the 4-56 prosecuting attorney that the record has been filed. 4-57 Sec. 30.01267. BRIEF ON APPEAL. (a) A defendant's brief on 4-58 appeal from a municipal court of record must present points of 4-59 error in the manner required by law for a brief on appeal to the 4-60 court of appeals. 4-61 (b) The defendant must file the brief with the appellate 4-62 court clerk not later than the 15th day after the date on which the 4-63 transcript and statement of facts are filed with that clerk. The 4-64 defendant or the defendant's attorney must certify that the brief 4-65 has been properly mailed to the prosecuting attorney. 4-66 (c) The prosecuting attorney must file the appellee's brief 4-67 with the appellate court clerk not later than the 15th day after 4-68 the date on which the defendant's brief is filed. 4-69 (d) On filing, each party shall deliver a copy of the brief 5-1 to the opposing party and to the municipal judge. 5-2 Sec. 30.01268. COURT RULES. (a) Except as modified by this 5-3 subchapter, the Code of Criminal Procedure governs the trial of 5-4 cases before the municipal court of record. The court may make and 5-5 enforce all rules of practice and procedure necessary to expedite 5-6 the trial of cases before the court that are not inconsistent with 5-7 general law. 5-8 (b) A bond must be payable to the state for the use and 5-9 benefit of the city. 5-10 (c) A peace officer may serve a process issued by a 5-11 municipal court of record. 5-12 (d) The appellate courts may make and enforce all rules of 5-13 practice and procedure that are not inconsistent with general law 5-14 and that are necessary to expedite the dispatch of appeals from the 5-15 municipal court of record. 5-16 Sec. 30.01269. DISPOSITION ON APPEAL. (a) According to law 5-17 and the nature of the case, the appellate court may: 5-18 (1) affirm the judgment of the municipal court of 5-19 record; 5-20 (2) reverse and remand for a new trial; 5-21 (3) reverse and dismiss the case; or 5-22 (4) reform and correct the judgment. 5-23 (b) Unless the matter was made an issue in the trial court 5-24 or it affirmatively appears to the contrary from the transcript or 5-25 the statement of facts, the appellate court shall presume that: 5-26 (1) venue was proven in the trial court; 5-27 (2) the jury, if any, was properly impaneled and 5-28 sworn; 5-29 (3) the defendant was arraigned and pleaded to the 5-30 complaint; and 5-31 (4) the municipal judge certified the charge before it 5-32 was read to the jury. 5-33 (c) In each case decided by the appellate court, the court 5-34 shall deliver a written opinion or order either sustaining or 5-35 overruling each assignment of error presented. The court shall set 5-36 forth the reasons for its decision. The appellate court clerk 5-37 shall mail copies of the decision to the parties and to the 5-38 municipal judge as soon as the decision is rendered. 5-39 Sec. 30.01270. CERTIFICATE OF APPELLATE PROCEEDINGS. When 5-40 the judgment of the appellate court becomes final, the clerk of 5-41 that court shall certify the proceedings and the judgment and shall 5-42 mail the certificate to the municipal court. The court clerk shall 5-43 file the certificate with the papers in the case and note the 5-44 certificate on the case docket. If the municipal court of record 5-45 judgment is affirmed, further action to enforce the judgment is not 5-46 necessary except to: 5-47 (1) forfeit the bond of the defendant; 5-48 (2) issue a writ of capias for the defendant; or 5-49 (3) issue an execution against the defendant's 5-50 property. 5-51 Sec. 30.01271. EFFECT OF ORDER OF NEW TRIAL. If the 5-52 appellate court awards a new trial to the defendant, the case 5-53 stands as if a new trial had been granted by the municipal court of 5-54 record. 5-55 Sec. 30.01272. APPEAL TO COURT OF APPEALS. The defendant 5-56 has the right to appeal to the court of appeals if the fine 5-57 assessed against the defendant exceeds $100 and if the judgment is 5-58 affirmed by the appellate court. The provisions of the Texas Rules 5-59 of Appellate Procedure relating to direct appeals from a county or 5-60 a district court to the court of appeals apply to the appeal, 5-61 except that: 5-62 (1) the record and briefs on appeal in the appellate 5-63 court constitute the record and briefs on appeal to the court of 5-64 appeals unless the rules of the court of criminal appeals provide 5-65 otherwise; and 5-66 (2) the record and briefs shall be filed directly with 5-67 the court of appeals. 5-68 Sec. 30.01273. JOINT COURTS: CREATION. (a) The governing 5-69 body of the city may contract with one or more municipalities that 6-1 have municipal courts of record to establish a joint municipal 6-2 court of record to serve the contracting municipalities. 6-3 (b) A joint municipal court of record created under this 6-4 section replaces each municipality's individual municipal court of 6-5 record. 6-6 Sec. 30.01274. JOINT COURT: JUDGES. (a) Notwithstanding 6-7 any other law, a joint municipal court of record created under 6-8 Section 30.01273 is presided over by a municipal judge or alternate 6-9 municipal judge who is appointed by a majority vote of each of the 6-10 governing bodies of the contracting municipalities for a two-year 6-11 term. 6-12 (b) The judge of a joint municipal court of record may be 6-13 removed from office by the governing bodies of the contracting 6-14 municipalities at any time for incompetency, misconduct, 6-15 malfeasance, or inability to perform the tasks of the office. 6-16 Sec. 30.01275. JOINT COURTS: JURISDICTION. (a) The 6-17 jurisdiction of a joint municipal court of record created under 6-18 Section 30.01273 is the combined jurisdiction of the municipal 6-19 courts of the contracting municipalities. 6-20 (b) An appeal from a joint municipal court of record created 6-21 under Section 30.01273 is to the county criminal court of the 6-22 county in which the offense occurred. If that county does not have 6-23 a county criminal court, appeal is to the county court of law of 6-24 the county. 6-25 Sec. 30.01276. JOINT COURT: PROSECUTING ATTORNEY. A 6-26 municipality that contracts under Section 30.01273 may provide its 6-27 own prosecuting attorney or the contracting municipalities may 6-28 agree on the selection of one or more prosecuting attorneys. 6-29 Sec. 30.01277. JOINT COURT: APPLICABLE LAW. (a) The 6-30 municipalities by contract shall select one of the contracting 6-31 municipality's enabling statutes as the source of applicable 6-32 procedural requirements for the operation of the joint municipal 6-33 court of record established under Section 30.01273. 6-34 (b) All of the provisions of the statute selected under 6-35 Subsection (a) apply to the operation of the joint municipal court 6-36 of record. If there is a conflict with any of the provisions in 6-37 Sections 30.01273-30.01276, those sections control. 6-38 (c) Any matter that is not governed by the contracting 6-39 municipalities' enabling legislation or other law shall be resolved 6-40 by the contract entered into under Section 30.01273. 6-41 SECTION 2. The importance of this legislation and the 6-42 crowded condition of the calendars in both houses create an 6-43 emergency and an imperative public necessity that the 6-44 constitutional rule requiring bills to be read on three several 6-45 days in each house be suspended, and this rule is hereby suspended, 6-46 and that this Act take effect and be in force from and after its 6-47 passage, and it is so enacted. 6-48 * * * * *