By Driver H.B. No. 3542
75R2979 MWV-D
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. A municipal judge, including the chief judge, may not serve
2-14 for more than three consecutive terms.
2-15 (d) A municipal judge must be a licensed attorney in good
2-16 standing in this state and must have two or more years of
2-17 experience in the practice of law in this state. The judge must be
2-18 a citizen of the United States and of this state. The judge shall
2-19 devote as much time to the office as it requires.
2-20 (e) If there is more than one municipal court of record in
2-21 the city, the judges may exchange benches and may sit and act for
2-22 each other in any proceeding pending in the courts. An act
2-23 performed by any of the judges is binding on all parties to the
2-24 proceeding.
2-25 (f) A municipal judge is entitled to a salary from the city,
2-26 the amount of which is determined by the governing body of the city
2-27 and may not be diminished during the judge's term of office. The
3-1 salary may not be based directly or indirectly on fines, fees, or
3-2 costs collected by the court.
3-3 (g) A municipal judge may be removed from office by the
3-4 governing body of the city at any time for incompetence,
3-5 misconduct, malfeasance, or disability.
3-6 (h) A municipal judge shall take judicial notice of the city
3-7 ordinances and the corporate limits of the city in a case tried
3-8 before a municipal court of record. A municipal judge may grant
3-9 writs of mandamus, injunction, and attachment and other writs
3-10 necessary to the enforcement of the jurisdiction of the court and
3-11 may issue writs of habeas corpus in cases in which the offense
3-12 charged is within the jurisdiction of the court.
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.
3-15 (j) The governing body of the city may appoint one or more
3-16 qualified persons to be available to serve for a municipal judge
3-17 who is temporarily absent due to illness, family death, or
3-18 continuing legal or judicial education programs or for any other
3-19 reason. The chief judge or the municipal judge if there is no
3-20 chief judge shall select one of the persons appointed by the
3-21 governing body of the city to serve during an absence. An
3-22 alternate judge, while serving, has all the powers and shall
3-23 discharge all the duties of a municipal judge. An alternate judge
3-24 must have the same qualifications as a municipal judge.
3-25 Sec. 30.01295. CLERK; OTHER PERSONNEL. The city manager of
3-26 the city shall appoint a clerk of the municipal court of record who
3-27 may hire, direct, and remove the personnel authorized in the city's
4-1 annual budget for the clerk's office. The clerk or the clerk's
4-2 deputies shall keep the records of the municipal courts of record,
4-3 issue process, and generally perform the duties for the courts that
4-4 a clerk of the county court exercising criminal jurisdiction is
4-5 required by law to perform for that court. The clerk shall perform
4-6 the duties in accordance with statutes, the city charter, and city
4-7 ordinances.
4-8 Sec. 30.01296. COURT REPORTER. (a) Instead of being
4-9 recorded by a court reporter, trial proceedings in a municipal
4-10 court of record, when requested as provided by this section, shall
4-11 be recorded by a good quality electronic audio recording device or
4-12 videotape recording device.
4-13 (b) A municipal court of record is not required to record
4-14 testimony in a case unless the judge or one of the parties requests
4-15 a record. A party's request for a record must be in writing and be
4-16 filed with the court at least three days before trial.
4-17 (c) The recording shall be kept and stored for a 20-day
4-18 period beginning the day after the last day of the proceeding,
4-19 trial, or denial of motion for new trial, whichever occurs last.
4-20 The proceedings that are appealed shall be transcribed from the
4-21 recording by a court reporter provided by the city.
4-22 (d) All fees for preparation of a record for purposes of
4-23 appeal shall be paid before the preparation of the record by the
4-24 court reporter. An extension of time for the appeal may not be
4-25 granted due to a party's failure to timely pay the fees.
4-26 Sec. 30.01297. PROSECUTIONS BY CITY ATTORNEY. All
4-27 prosecutions in a municipal court of record must be conducted by
5-1 the city attorney or an assistant or deputy city attorney.
5-2 Sec. 30.01298. JURY. (a) A person who is brought before a
5-3 municipal court of record and who is charged with an offense is
5-4 entitled to be tried by a jury of six persons unless that right is
5-5 waived according to law. The jury shall decide all questions of
5-6 fact or credibility of witnesses. The court shall determine all
5-7 matters of law and shall charge the jury on the law.
5-8 (b) A juror who serves in a municipal court of record must
5-9 meet the qualifications provided by Chapter 62.
5-10 Sec. 30.01299. APPEAL. (a) A defendant has the right of
5-11 appeal from a judgment or conviction in a municipal court of record
5-12 as provided by this subchapter. The county criminal courts of
5-13 Dallas County have jurisdiction over an appeal. The state has no
5-14 right to an appeal or to a new trial.
5-15 (b) The appellate court shall determine each appeal from a
5-16 municipal court of record conviction on the basis of the errors
5-17 that are set forth in the defendant's motion for new trial and that
5-18 are presented in the transcript and statement of facts prepared
5-19 from the proceedings leading to the conviction. An appeal from the
5-20 municipal court of record may not be by trial de novo.
5-21 (c) To perfect an appeal, the defendant must file with the
5-22 municipal court clerk a written motion for new trial not later than
5-23 the 10th day after the date on which judgment is rendered. The
5-24 motion must set forth the points of error of which the defendant
5-25 complains. The motion or an amended motion may be amended by leave
5-26 of court at any time before action on the motion is taken, but not
5-27 later than the 20th day after the date on which the original or
6-1 amended motion is filed. The court may for good cause extend the
6-2 time for filing or amending, but the extension may not exceed 90
6-3 days from the original filing deadline. If the court does not act
6-4 on the motion before the expiration of the 30 days allowed for
6-5 determination of the motion, the original or amended motion is
6-6 overruled by operation of law.
6-7 (d) To perfect an appeal, the defendant must also give
6-8 notice of the appeal. If the defendant requests a hearing on the
6-9 motion for new trial, the defendant may give the notice of appeal
6-10 orally in open court on the overruling of the motion. If there is
6-11 no hearing, the defendant must give written notice of appeal and
6-12 must file the notice with the court not later than the 10th day
6-13 after the date on which the motion is overruled. The court may for
6-14 good cause extend that time period, but the extension may not
6-15 exceed 90 days from the original filing deadline.
6-16 Sec. 30.01300. APPEAL BOND. (a) If the defendant is not in
6-17 custody, the defendant may not take an appeal until the defendant
6-18 files an appeal bond with the municipal court of record. The bond
6-19 must be approved by the court and must be filed not later than the
6-20 10th day after the date on which the motion for new trial is
6-21 overruled. If the defendant is in custody, the defendant shall be
6-22 committed to jail unless the defendant posts the appeal bond.
6-23 (b) The appeal bond must be in the amount of $60 or double
6-24 the amount of the fine and costs adjudged against the defendant,
6-25 whichever is greater. The bond must state that the defendant was
6-26 convicted in the case and has appealed, must be payable to the
6-27 state for the use and benefit of the city, and must be conditioned
7-1 on the defendant's appearance in the court to which the appeal is
7-2 taken.
7-3 Sec. 30.01301. RECORD ON APPEAL. The record on appeal
7-4 consists of a transcript and, if necessary to the appeal, a
7-5 statement of facts. The clerk of the court shall prepare the
7-6 record from the mechanical, audio, or videotape recording of the
7-7 proceedings. The defendant shall pay for the cost of the
7-8 transcription. If the court finds that the defendant is unable to
7-9 pay or give security for the record on appeal after a hearing in
7-10 response to an affidavit by the defendant, the court shall order
7-11 the clerk to prepare the record without charge to the defendant.
7-12 If the case is reversed on appeal, the court shall promptly refund
7-13 the cost to the defendant.
7-14 Sec. 30.01302. TRANSCRIPT. On the written request of the
7-15 defendant or the defendant's attorney, the municipal court clerk
7-16 shall prepare under the clerk's hand and seal a transcript of the
7-17 municipal court of record proceedings. The transcript must include
7-18 copies of:
7-19 (1) the complaint;
7-20 (2) material docket entries made by the court;
7-21 (3) the jury charge and verdict in a jury trial;
7-22 (4) the judgment;
7-23 (5) the motion for new trial;
7-24 (6) the notice of appeal;
7-25 (7) written motions and pleas;
7-26 (8) written orders of the court;
7-27 (9) any bills of exception filed with the court;
8-1 (10) the appeal bond; and
8-2 (11) exhibits admitted into evidence.
8-3 Sec. 30.01303. BILLS OF EXCEPTION. Either party may include
8-4 bills of exception in the transcript subject to the applicable
8-5 provisions of the Texas Rules of Appellate Procedure. The bills of
8-6 exception must be filed with the municipal court clerk not later
8-7 than the 60th day after the date on which the notice of appeal is
8-8 given or filed.
8-9 Sec. 30.01304. STATEMENTS OF FACTS. A statement of facts
8-10 included in the record on appeal must contain:
8-11 (1) a transcript of all or part of the municipal court
8-12 of record proceedings that occurred before, during, or after the
8-13 trial, if the transcript is requested by the defendant;
8-14 (2) a brief statement of the facts of the case proved
8-15 at trial as agreed to by the defendant and the prosecuting
8-16 attorney;
8-17 (3) a partial transcript and the agreed statement of
8-18 the facts of the case; or
8-19 (4) a transcript of all or part of the municipal court
8-20 of record proceedings in the case that is prepared from videotape
8-21 recordings of the proceedings.
8-22 Sec. 30.01305. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
8-23 (a) Not later than the 60th day after the date on which the notice
8-24 of appeal is given or filed, the parties must file with the
8-25 municipal court clerk:
8-26 (1) the statement of facts;
8-27 (2) a written description of material to be included
9-1 in the transcript in addition to the required material; and
9-2 (3) any material to be included in the transcript that
9-3 is not in the custody of the clerk.
9-4 (b) On completion of the record, the municipal judge shall
9-5 approve the record in the manner provided for record completion,
9-6 approval, and notification in the court of appeals.
9-7 (c) After the court approves the record, the clerk shall
9-8 promptly send it to the appellate court clerk for filing. The
9-9 appellate court clerk shall notify the defendant and the
9-10 prosecuting attorney that the record has been filed.
9-11 Sec. 30.01306. BRIEF ON APPEAL. (a) A defendant's brief on
9-12 appeal from a municipal court of record must present points of
9-13 error in the manner required by law for a brief on appeal to the
9-14 court of appeals.
9-15 (b) The defendant must file the brief with the appellate
9-16 court clerk not later than the 15th day after the date on which the
9-17 transcript and statement of facts are filed with that clerk. The
9-18 defendant or the defendant's attorney must certify that the brief
9-19 has been properly mailed to the prosecuting attorney.
9-20 (c) The prosecuting attorney must file the appellee's brief
9-21 with the appellate court clerk not later than the 15th day after
9-22 the date on which the defendant's brief is filed.
9-23 (d) On filing, each party shall deliver a copy of the brief
9-24 to the opposing party and to the municipal judge.
9-25 Sec. 30.01307. COURT RULES. (a) Except as modified by this
9-26 subchapter, the Code of Criminal Procedure governs the trial of
9-27 cases before a municipal court of record. The court may make and
10-1 enforce all rules of practice and procedure necessary to expedite
10-2 the trial of cases before the court that are not inconsistent with
10-3 general law.
10-4 (b) The appellate courts may make and enforce all rules of
10-5 practice and procedure that are not inconsistent with general law
10-6 and that are necessary to expedite the dispatch of appeals from the
10-7 municipal court of record.
10-8 Sec. 30.01308. DISPOSITION ON APPEAL. (a) According to law
10-9 and the nature of the case, the appellate court may:
10-10 (1) affirm the judgment of the municipal court of
10-11 record;
10-12 (2) reverse and remand for a new trial;
10-13 (3) reverse and dismiss the case; or
10-14 (4) reform and correct the judgment.
10-15 (b) Unless the matter was made an issue in the trial court
10-16 or it affirmatively appears to the contrary from the transcript or
10-17 the statement of facts, the appellate court shall presume that:
10-18 (1) venue was proved in the trial court;
10-19 (2) the jury, if any, was properly impaneled and
10-20 sworn;
10-21 (3) the defendant was arraigned and pleaded to the
10-22 complaint; and
10-23 (4) the municipal judge certified the charge before it
10-24 was read to the jury.
10-25 (c) In each case decided by the appellate court, the court
10-26 shall deliver a written opinion or order either sustaining or
10-27 overruling each assignment of error presented. The court shall set
11-1 forth the reasons for its decision. The appellate court clerk
11-2 shall mail copies of the decision to the parties and to the
11-3 municipal judge as soon as the decision is rendered.
11-4 Sec. 30.01309. CERTIFICATE OF APPELLATE PROCEEDINGS. When
11-5 the judgment of the appellate court becomes final, the clerk of
11-6 that court shall certify the proceedings and the judgment and shall
11-7 mail the certificate to the municipal court of record. The court
11-8 clerk shall file the certificate with the papers in the case and
11-9 note the certificate on the case docket. If the municipal court of
11-10 record judgment is affirmed, further action to enforce the judgment
11-11 is not necessary except to:
11-12 (1) forfeit the bond of the defendant;
11-13 (2) issue a writ of capias for the defendant; or
11-14 (3) issue an execution against the defendant's
11-15 property.
11-16 Sec. 30.01310. EFFECT OF ORDER OF NEW TRIAL. If the
11-17 appellate court awards a new trial to the defendant, the case
11-18 stands as if a new trial had been granted by the municipal court of
11-19 record.
11-20 Sec. 30.01311. APPEAL TO COURT OF APPEALS. The defendant
11-21 has the right to appeal to the court of appeals if the fine
11-22 assessed against the defendant exceeds $100 and if the judgment is
11-23 affirmed by the appellate court. The provisions of the Code of
11-24 Criminal Procedure relating to direct appeals from a county or a
11-25 district court to the court of appeals apply to the appeal, except
11-26 that:
11-27 (1) the record and briefs on appeal in the appellate
12-1 court constitute the record and briefs on appeal to the court of
12-2 appeals unless the rules of the court of criminal appeals provide
12-3 otherwise; and
12-4 (2) the record and briefs shall be filed directly with
12-5 the court of appeals.
12-6 SECTION 2. The importance of this legislation and the
12-7 crowded condition of the calendars in both houses create an
12-8 emergency and an imperative public necessity that the
12-9 constitutional rule requiring bills to be read on three several
12-10 days in each house be suspended, and this rule is hereby suspended,
12-11 and that this Act take effect and be in force from and after its
12-12 passage, and it is so enacted.