By Driver H.B. No. 3542
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record for the City
1-3 of Rowlett.
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 HH to read as follows:
1-7 SUBCHAPTER HH. ROWLETT
1-8 Sec. 30.01291. APPLICATION. This subchapter applies to the
1-9 City of Rowlett.
1-10 Sec. 30.01292. 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. 30.01293. 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. 30.01294. 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 incompetence,
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.
3-12 (i) The governing body of the city shall appoint a qualified
3-13 person to fill a vacancy in the office of municipal judge.
3-14 (j) The governing body of the city may appoint one or more
3-15 qualified persons to be available to serve for a municipal judge
3-16 who is temporarily absent due to illness, family death, or
3-17 continuing legal or judicial education programs or for any other
3-18 reason. The chief judge or the municipal judge if there is no
3-19 chief judge shall select one of the persons appointed by the
3-20 governing body of the city to serve during an absence. An
3-21 alternate judge, while serving, has all the powers and shall
3-22 discharge all the duties of a municipal judge. An alternate judge
3-23 must have the same qualifications as a municipal judge.
3-24 Sec. 30.01295. CLERK; OTHER PERSONNEL. The city manager of
3-25 the city shall appoint a clerk of the municipal court of record who
3-26 may hire, direct, and remove the personnel authorized in the city's
3-27 annual budget for the clerk's office. The clerk or the clerk's
4-1 deputies shall keep the records of the municipal courts of record,
4-2 issue process, and generally perform the duties for the courts that
4-3 a clerk of the county court exercising criminal jurisdiction is
4-4 required by law to perform for that court. The clerk shall perform
4-5 the duties in accordance with statutes, the city charter, and city
4-6 ordinances.
4-7 Sec. 30.01296. COURT REPORTER. (a) Instead of being
4-8 recorded by a court reporter, trial proceedings in a municipal
4-9 court of record, when requested as provided by this section, shall
4-10 be recorded by a good quality electronic audio recording device or
4-11 videotape recording device.
4-12 (b) A municipal court of record is not required to record
4-13 testimony in a case unless the judge or one of the parties requests
4-14 a record. A party's request for a record must be in writing and be
4-15 filed with the court at least three days before trial.
4-16 (c) The recording shall be kept and stored for a 20-day
4-17 period beginning the day after the last day of the proceeding,
4-18 trial, or denial of motion for new trial, whichever occurs last.
4-19 The proceedings that are appealed shall be transcribed from the
4-20 recording by a court reporter provided by the city.
4-21 (d) All fees for preparation of a record for purposes of
4-22 appeal shall be paid before the preparation of the record by the
4-23 court reporter. An extension of time for the appeal may not be
4-24 granted due to a party's failure to timely pay the fees.
4-25 Sec. 30.01297. PROSECUTIONS BY CITY ATTORNEY. All
4-26 prosecutions in a municipal court of record must be conducted by
4-27 the city attorney or an assistant or deputy city attorney.
5-1 Sec. 30.01298. JURY. (a) A person who is brought before a
5-2 municipal court of record and who is charged with an offense is
5-3 entitled to be tried by a jury of six persons unless that right is
5-4 waived according to law. The jury shall decide all questions of
5-5 fact or credibility of witnesses. The court shall determine all
5-6 matters of law and shall charge the jury on the law.
5-7 (b) A juror who serves in a municipal court of record must
5-8 meet the qualifications provided by Chapter 62.
5-9 Sec. 30.01299. APPEAL. (a) A defendant has the right of
5-10 appeal from a judgment or conviction in a municipal court of record
5-11 as provided by this subchapter. The county criminal courts of
5-12 Dallas County have jurisdiction over an appeal. The state has no
5-13 right to an appeal or to a new trial.
5-14 (b) The appellate court shall determine each appeal from a
5-15 municipal court of record conviction on the basis of the errors
5-16 that are set forth in the defendant's motion for new trial and that
5-17 are presented in the transcript and statement of facts prepared
5-18 from the proceedings leading to the conviction. An appeal from the
5-19 municipal court of record may not be by trial de novo.
5-20 (c) To perfect an appeal, the defendant must file with the
5-21 municipal court clerk a written motion for new trial not later than
5-22 the 10th day after the date on which judgment is rendered. The
5-23 motion must set forth the points of error of which the defendant
5-24 complains. The motion or an amended motion may be amended by leave
5-25 of court at any time before action on the motion is taken, but not
5-26 later than the 20th day after the date on which the original or
5-27 amended motion is filed. The court may for good cause extend the
6-1 time for filing or amending, but the extension may not exceed 90
6-2 days from the original filing deadline. If the court does not act
6-3 on the motion before the expiration of the 30 days allowed for
6-4 determination of the motion, the original or amended motion is
6-5 overruled by operation of law.
6-6 (d) To perfect an appeal, the defendant must also give
6-7 notice of the appeal. If the defendant requests a hearing on the
6-8 motion for new trial, the defendant may give the notice of appeal
6-9 orally in open court on the overruling of the motion. If there is
6-10 no hearing, the defendant must give written notice of appeal and
6-11 must file the notice with the court not later than the 10th day
6-12 after the date on which the motion is overruled. The court may for
6-13 good cause extend that time period, but the extension may not
6-14 exceed 90 days from the original filing deadline.
6-15 Sec. 30.01300. APPEAL BOND. (a) If the defendant is not in
6-16 custody, the defendant may not take an appeal until the defendant
6-17 files an appeal bond with the municipal court of record. The bond
6-18 must be approved by the court and must be filed not later than the
6-19 10th day after the date on which the motion for new trial is
6-20 overruled. If the defendant is in custody, the defendant shall be
6-21 committed to jail unless the defendant posts the appeal bond.
6-22 (b) The appeal bond must be in the amount of $60 or double
6-23 the amount of the fine and costs adjudged against the defendant,
6-24 whichever is greater. The bond must state that the defendant was
6-25 convicted in the case and has appealed, must be payable to the
6-26 state for the use and benefit of the city, and must be conditioned
6-27 on the defendant's appearance in the court to which the appeal is
7-1 taken.
7-2 Sec. 30.01301. RECORD ON APPEAL. The record on appeal
7-3 consists of a transcript and, if necessary to the appeal, a
7-4 statement of facts. The clerk of the court shall prepare the
7-5 record from the mechanical, audio, or videotape recording of the
7-6 proceedings. The defendant shall pay for the cost of the
7-7 transcription. If the court finds that the defendant is unable to
7-8 pay or give security for the record on appeal after a hearing in
7-9 response to an affidavit by the defendant, the court shall order
7-10 the clerk to prepare the record without charge to the defendant.
7-11 If the case is reversed on appeal, the court shall promptly refund
7-12 the cost to the defendant.
7-13 Sec. 30.01302. TRANSCRIPT. On the written request of the
7-14 defendant or the defendant's attorney, the municipal court clerk
7-15 shall prepare under the clerk's hand and seal a transcript of the
7-16 municipal court of record proceedings. The transcript must include
7-17 copies of:
7-18 (1) the complaint;
7-19 (2) material docket entries made by the court;
7-20 (3) the jury charge and verdict in a jury trial;
7-21 (4) the judgment;
7-22 (5) the motion for new trial;
7-23 (6) the notice of appeal;
7-24 (7) written motions and pleas;
7-25 (8) written orders of the court;
7-26 (9) any bills of exception filed with the court;
7-27 (10) the appeal bond; and
8-1 (11) exhibits admitted into evidence.
8-2 Sec. 30.01303. BILLS OF EXCEPTION. Either party may include
8-3 bills of exception in the transcript subject to the applicable
8-4 provisions of the Texas Rules of Appellate Procedure. The bills of
8-5 exception must be filed with the municipal court clerk not later
8-6 than the 60th day after the date on which the notice of appeal is
8-7 given or filed.
8-8 Sec. 30.01304. STATEMENTS OF FACTS. A statement of facts
8-9 included in the record on appeal must contain:
8-10 (1) a transcript of all or part of the municipal court
8-11 of record proceedings that occurred before, during, or after the
8-12 trial, if the transcript is requested by the defendant;
8-13 (2) a brief statement of the facts of the case proved
8-14 at trial as agreed to by the defendant and the prosecuting
8-15 attorney;
8-16 (3) a partial transcript and the agreed statement of
8-17 the facts of the case; or
8-18 (4) a transcript of all or part of the municipal court
8-19 of record proceedings in the case that is prepared from videotape
8-20 recordings of the proceedings.
8-21 Sec. 30.01305. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
8-22 (a) Not later than the 60th day after the date on which the notice
8-23 of appeal is given or filed, the parties must file with the
8-24 municipal court clerk:
8-25 (1) the statement of facts;
8-26 (2) a written description of material to be included
8-27 in the transcript in addition to the required material; and
9-1 (3) any material to be included in the transcript that
9-2 is not in the custody of the clerk.
9-3 (b) On completion of the record, the municipal judge shall
9-4 approve the record in the manner provided for record completion,
9-5 approval, and notification in the court of appeals.
9-6 (c) After the court approves the record, the clerk shall
9-7 promptly send it to the appellate court clerk for filing. The
9-8 appellate court clerk shall notify the defendant and the
9-9 prosecuting attorney that the record has been filed.
9-10 Sec. 30.01306. BRIEF ON APPEAL. (a) A defendant's brief on
9-11 appeal from a municipal court of record must present points of
9-12 error in the manner required by law for a brief on appeal to the
9-13 court of appeals.
9-14 (b) The defendant must file the brief with the appellate
9-15 court clerk not later than the 15th day after the date on which the
9-16 transcript and statement of facts are filed with that clerk. The
9-17 defendant or the defendant's attorney must certify that the brief
9-18 has been properly mailed to the prosecuting attorney.
9-19 (c) The prosecuting attorney must file the appellee's brief
9-20 with the appellate court clerk not later than the 15th day after
9-21 the date on which the defendant's brief is filed.
9-22 (d) On filing, each party shall deliver a copy of the brief
9-23 to the opposing party and to the municipal judge.
9-24 Sec. 30.01307. COURT RULES. (a) Except as modified by this
9-25 subchapter, the Code of Criminal Procedure governs the trial of
9-26 cases before a municipal court of record. The court may make and
9-27 enforce all rules of practice and procedure necessary to expedite
10-1 the trial of cases before the court that are not inconsistent with
10-2 general law.
10-3 (b) The appellate courts may make and enforce all rules of
10-4 practice and procedure that are not inconsistent with general law
10-5 and that are necessary to expedite the dispatch of appeals from the
10-6 municipal court of record.
10-7 Sec. 30.01308. DISPOSITION ON APPEAL. (a) According to law
10-8 and the nature of the case, the appellate court may:
10-9 (1) affirm the judgment of the municipal court of
10-10 record;
10-11 (2) reverse and remand for a new trial;
10-12 (3) reverse and dismiss the case; or
10-13 (4) reform and correct the judgment.
10-14 (b) Unless the matter was made an issue in the trial court
10-15 or it affirmatively appears to the contrary from the transcript or
10-16 the statement of facts, the appellate court shall presume that:
10-17 (1) venue was proved in the trial court;
10-18 (2) the jury, if any, was properly impaneled and
10-19 sworn;
10-20 (3) the defendant was arraigned and pleaded to the
10-21 complaint; and
10-22 (4) the municipal judge certified the charge before it
10-23 was read to the jury.
10-24 (c) In each case decided by the appellate court, the court
10-25 shall deliver a written opinion or order either sustaining or
10-26 overruling each assignment of error presented. The court shall set
10-27 forth the reasons for its decision. The appellate court clerk
11-1 shall mail copies of the decision to the parties and to the
11-2 municipal judge as soon as the decision is rendered.
11-3 Sec. 30.01309. CERTIFICATE OF APPELLATE PROCEEDINGS. When
11-4 the judgment of the appellate court becomes final, the clerk of
11-5 that court shall certify the proceedings and the judgment and shall
11-6 mail the certificate to the municipal court of record. The court
11-7 clerk shall file the certificate with the papers in the case and
11-8 note the certificate on the case docket. If the municipal court of
11-9 record judgment is affirmed, further action to enforce the judgment
11-10 is not necessary except to:
11-11 (1) forfeit the bond of the defendant;
11-12 (2) issue a writ of capias for the defendant; or
11-13 (3) issue an execution against the defendant's
11-14 property.
11-15 Sec. 30.01310. EFFECT OF ORDER OF NEW TRIAL. If the
11-16 appellate court awards a new trial to the defendant, the case
11-17 stands as if a new trial had been granted by the municipal court of
11-18 record.
11-19 Sec. 30.01311. APPEAL TO COURT OF APPEALS. The defendant
11-20 has the right to appeal to the court of appeals if the fine
11-21 assessed against the defendant exceeds $100 and if the judgment is
11-22 affirmed by the appellate court. The provisions of the Code of
11-23 Criminal Procedure relating to direct appeals from a county or a
11-24 district court to the court of appeals apply to the appeal, except
11-25 that:
11-26 (1) the record and briefs on appeal in the appellate
11-27 court constitute the record and briefs on appeal to the court of
12-1 appeals unless the rules of the court of criminal appeals provide
12-2 otherwise; and
12-3 (2) the record and briefs shall be filed directly with
12-4 the court of appeals.
12-5 SECTION 2. The importance of this legislation and the
12-6 crowded condition of the calendars in both houses create an
12-7 emergency and an imperative public necessity that the
12-8 constitutional rule requiring bills to be read on three several
12-9 days in each house be suspended, and this rule is hereby suspended,
12-10 and that this Act take effect and be in force from and after its
12-11 passage, and it is so enacted.