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.