By Driver H.B. No. 2374
75R5362 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the municipal courts of record in Garland.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 30.453, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 30.453. JURISDICTION. (a) A municipal court of record
1-7 has the jurisdiction provided by general law for municipal courts.
1-8 (b) A municipal court of record also has jurisdiction over
1-9 cases arising outside the territorial limits of the municipality
1-10 [city] under the ordinances authorized by Sections 215.072,
1-11 217.042, 341.903, and 401.002, Local Government Code [Subdivision
1-12 19, Article 1175, Revised Statutes].
1-13 SECTION 2. Section 30.454, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 30.454. JUDGE. (a) Each municipal court of record is
1-16 presided over by a judge, who shall be known as the "city judge" or
1-17 the "municipal judge." If there is more than one municipal judge
1-18 in the city, the governing body of the city shall appoint one of
1-19 the judges as chief judge. Each municipal [The] judge must be an
1-20 attorney licensed to practice law in this state. The governing
1-21 body of the city shall appoint each municipal judge for a term of
1-22 one year.
1-23 (b) A municipal judge is entitled to a salary set by the
1-24 governing body of the city.
2-1 (c) A municipal judge may be removed from office by the
2-2 governing body of the city at any time for incompetency,
2-3 misconduct, malfeasance, or disability.
2-4 (d) The governing body of the city may appoint alternate
2-5 city judges and may designate the order of their priority to act
2-6 for a municipal judge if the municipal judge is unavailable or
2-7 fails to act for any reason or if there is a vacancy in the office
2-8 of municipal judge. An alternate judge, while serving, has all the
2-9 powers and shall discharge all the duties of a municipal court
2-10 judge. An alternate judge must have all the same qualifications as
2-11 a municipal court judge.
2-12 (e) If there is more than one municipal court of record in
2-13 the city, the judges may exchange benches and may sit and act for
2-14 each other in any proceeding pending in the courts. An act
2-15 performed by any of the judges is binding on all parties to the
2-16 proceeding.
2-17 (f) A municipal judge shall take judicial notice of the city
2-18 ordinances and the territorial limits of the municipality in a case
2-19 tried before a municipal court of record.
2-20 SECTION 3. Section 30.456, Government Code, is amended to
2-21 read as follows:
2-22 Sec. 30.456. COURT REPORTER. (a) For the purpose of
2-23 preserving a record in all cases tried and proceedings held before
2-24 the municipal courts, the [governing body of the] city shall
2-25 provide an official court reporter. The official court reporter
2-26 shall be appointed by the chief judge and must have the
2-27 qualifications required by general law for official court
3-1 reporters. The court reporter shall be compensated in the manner
3-2 determined by the governing body of the city.
3-3 (b) The court reporter may use written notes, transcribing
3-4 equipment, recording equipment, or a combination of these methods
3-5 to prepare a transcript of the proceedings of the court. The court
3-6 reporter shall keep the record for the 20-day period beginning on
3-7 the day after the last day of the court proceeding, trial, or
3-8 denial of a motion for new trial, whichever occurs last.
3-9 (c) The court reporter is not required to record testimony
3-10 in a case or any other proceeding before the court unless the judge
3-11 or one of the parties requests a [shall certify the official]
3-12 record. A party's request for a record must be in writing and
3-13 filed with the court before trial or before any proceeding for
3-14 which a record is requested.
3-15 (d) The governing body may provide that, instead of
3-16 providing a court reporter at trial or during any other court
3-17 proceeding, proceedings in a municipal court of record may be
3-18 recorded by a good quality electronic recording device. No record
3-19 is required to be kept unless requested as provided by Subsection
3-20 (c). If the governing body authorizes the electronic recording,
3-21 the court reporter need not be present at trial to certify the
3-22 statement of facts or a transcription of any proceeding. The
3-23 recording shall be kept and stored for the 20-day period beginning
3-24 on the day after the last day of the court proceeding, trial, or
3-25 denial of a motion for new trial, whichever occurs last. The
3-26 proceedings that are appealed shall be transcribed from the
3-27 recording by an official court reporter. [The court reporter is
4-1 not required to record testimony in a trial unless the judge or one
4-2 of the parties requests a record.]
4-3 SECTION 4. This Act takes effect September 1, 1997.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.
4-9 COMMITTEE AMENDMENT NO. 1
4-10 Amend H.B. 2374 as follows:
4-11 (1) On page 4, between lines 2 and 3, insert the following:
4-12 SECTION 4. Sections 30.461(b) and (c), Government Code, are
4-13 amended to read as follows:
4-14 (b) To perfect an appeal, the defendant must file a motion
4-15 for new trial not later than the fifth day after the date on which
4-16 the judgment and sentence are rendered. The motion must be in
4-17 writing and must be filed with the clerk of the municipal courts of
4-18 record. The motion constitutes the assignments of error on appeal.
4-19 A ground of error not set forth in the motion is waived. If the
4-20 court does not rule on the motion before the 21st day after the
4-21 date the motion is filed, the motion is overruled by operation of
4-22 law.
4-23 (c) To perfect an appeal, the defendant must also give
4-24 notice of appeal. To give notice of appeal, the defendant must
4-25 file a written notice of appeal with the court and pay [After an
4-26 order overruling a motion for new trial, the defendant may give
4-27 notice of appeal by paying] the $10 transcript preparation fee not
5-1 later than the 10th day after the date on which the motion for new
5-2 trial is overruled. The clerk shall note the payment of the fee on
5-3 the docket of the court. If the case is reversed on appeal, the
5-4 fee shall be refunded to the defendant.
5-5 (2) Renumber Sections 4 and 5 as Sections 5 and 6,
5-6 respectively.
5-7 75R12321 RJA-D Clark