1-1 By: Driver (Senate Sponsor - Carona) H.B. No. 3542 1-2 (In the Senate - Received from the House May 8, 1997; 1-3 May 9, 1997, read first time and referred to Committee on 1-4 Jurisprudence; May 15, 1997, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 15, 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 for the City 1-9 of Rowlett. 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 HH to read as follows: 1-13 SUBCHAPTER HH. ROWLETT 1-14 Sec. 30.01291. APPLICATION. This subchapter applies to the 1-15 City of Rowlett. 1-16 Sec. 30.01292. 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. 30.01293. 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. 30.01294. 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 incompetence, 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. 2-5 (i) The governing body of the city shall appoint a qualified 2-6 person to fill a vacancy in the office of municipal judge. 2-7 (j) The governing body of the city may appoint one or more 2-8 qualified persons to be available to serve for a municipal judge 2-9 who is temporarily absent due to illness, family death, or 2-10 continuing legal or judicial education programs or for any other 2-11 reason. The chief judge or the municipal judge if there is no 2-12 chief judge shall select one of the persons appointed by the 2-13 governing body of the city to serve during an absence. An 2-14 alternate judge, while serving, has all the powers and shall 2-15 discharge all the duties of a municipal judge. An alternate judge 2-16 must have the same qualifications as a municipal judge. 2-17 Sec. 30.01295. CLERK; OTHER PERSONNEL. The city manager of 2-18 the city shall appoint a clerk of the municipal court of record who 2-19 may hire, direct, and remove the personnel authorized in the city's 2-20 annual budget for the clerk's office. The clerk or the clerk's 2-21 deputies shall keep the records of the municipal courts of record, 2-22 issue process, and generally perform the duties for the courts that 2-23 a clerk of the county court exercising criminal jurisdiction is 2-24 required by law to perform for that court. The clerk shall perform 2-25 the duties in accordance with statutes, the city charter, and city 2-26 ordinances. 2-27 Sec. 30.01296. COURT REPORTER. (a) Instead of being 2-28 recorded by a court reporter, trial proceedings in a municipal 2-29 court of record, when requested as provided by this section, shall 2-30 be recorded by a good quality electronic audio recording device or 2-31 videotape recording device. 2-32 (b) A municipal court of record is not required to record 2-33 testimony in a case unless the judge or one of the parties requests 2-34 a record. A party's request for a record must be in writing and be 2-35 filed with the court at least three days before trial. 2-36 (c) The recording shall be kept and stored for a 20-day 2-37 period beginning the day after the last day of the proceeding, 2-38 trial, or denial of motion for new trial, whichever occurs last. 2-39 The proceedings that are appealed shall be transcribed from the 2-40 recording by a court reporter provided by the city. 2-41 (d) All fees for preparation of a record for purposes of 2-42 appeal shall be paid before the preparation of the record by the 2-43 court reporter. An extension of time for the appeal may not be 2-44 granted due to a party's failure to timely pay the fees. 2-45 Sec. 30.01297. PROSECUTIONS BY CITY ATTORNEY. All 2-46 prosecutions in a municipal court of record must be conducted by 2-47 the city attorney or an assistant or deputy city attorney. 2-48 Sec. 30.01298. JURY. (a) A person who is brought before a 2-49 municipal court of record and who is charged with an offense is 2-50 entitled to be tried by a jury of six persons unless that right is 2-51 waived according to law. The jury shall decide all questions of 2-52 fact or credibility of witnesses. The court shall determine all 2-53 matters of law and shall charge the jury on the law. 2-54 (b) A juror who serves in a municipal court of record must 2-55 meet the qualifications provided by Chapter 62. 2-56 Sec. 30.01299. APPEAL. (a) A defendant has the right of 2-57 appeal from a judgment or conviction in a municipal court of record 2-58 as provided by this subchapter. The county criminal courts of 2-59 Dallas County have jurisdiction over an appeal. The state has no 2-60 right to an appeal or to a new trial. 2-61 (b) The appellate court shall determine each appeal from a 2-62 municipal court of record conviction on the basis of the errors 2-63 that are set forth in the defendant's motion for new trial and that 2-64 are presented in the transcript and statement of facts prepared 2-65 from the proceedings leading to the conviction. An appeal from the 2-66 municipal court of record may not be by trial de novo. 2-67 (c) To perfect an appeal, the defendant must file with the 2-68 municipal court clerk a written motion for new trial not later than 2-69 the 10th day after the date on which judgment is rendered. The 3-1 motion must set forth the points of error of which the defendant 3-2 complains. The motion or an amended motion may be amended by leave 3-3 of court at any time before action on the motion is taken, but not 3-4 later than the 20th day after the date on which the original or 3-5 amended motion is filed. The court may for good cause extend the 3-6 time for filing or amending, but the extension may not exceed 90 3-7 days from the original filing deadline. If the court does not act 3-8 on the motion before the expiration of the 30 days allowed for 3-9 determination of the motion, the original or amended motion is 3-10 overruled by operation of law. 3-11 (d) To perfect an appeal, the defendant must also give 3-12 notice of the appeal. If the defendant requests a hearing on the 3-13 motion for new trial, the defendant may give the notice of appeal 3-14 orally in open court on the overruling of the motion. If there is 3-15 no hearing, the defendant must give written notice of appeal and 3-16 must file the notice with the court not later than the 10th day 3-17 after the date on which the motion is overruled. The court may for 3-18 good cause extend that time period, but the extension may not 3-19 exceed 90 days from the original filing deadline. 3-20 Sec. 30.01300. APPEAL BOND. (a) If the defendant is not in 3-21 custody, the defendant may not take an appeal until the defendant 3-22 files an appeal bond with the municipal court of record. The bond 3-23 must be approved by the court and must be filed not later than the 3-24 10th day after the date on which the motion for new trial is 3-25 overruled. If the defendant is in custody, the defendant shall be 3-26 committed to jail unless the defendant posts the appeal bond. 3-27 (b) The appeal bond must be in the amount of $60 or double 3-28 the amount of the fine and costs adjudged against the defendant, 3-29 whichever is greater. The bond must state that the defendant was 3-30 convicted in the case and has appealed, must be payable to the 3-31 state for the use and benefit of the city, and must be conditioned 3-32 on the defendant's appearance in the court to which the appeal is 3-33 taken. 3-34 Sec. 30.01301. RECORD ON APPEAL. The record on appeal 3-35 consists of a transcript and, if necessary to the appeal, a 3-36 statement of facts. The clerk of the court shall prepare the 3-37 record from the mechanical, audio, or videotape recording of the 3-38 proceedings. The defendant shall pay for the cost of the 3-39 transcription. If the court finds that the defendant is unable to 3-40 pay or give security for the record on appeal after a hearing in 3-41 response to an affidavit by the defendant, the court shall order 3-42 the clerk to prepare the record without charge to the defendant. 3-43 If the case is reversed on appeal, the court shall promptly refund 3-44 the cost to the defendant. 3-45 Sec. 30.01302. TRANSCRIPT. On the written request of the 3-46 defendant or the defendant's attorney, the municipal court clerk 3-47 shall prepare under the clerk's hand and seal a transcript of the 3-48 municipal court of record proceedings. The transcript must include 3-49 copies of: 3-50 (1) the complaint; 3-51 (2) material docket entries made by the court; 3-52 (3) the jury charge and verdict in a jury trial; 3-53 (4) the judgment; 3-54 (5) the motion for new trial; 3-55 (6) the notice of appeal; 3-56 (7) written motions and pleas; 3-57 (8) written orders of the court; 3-58 (9) any bills of exception filed with the court; 3-59 (10) the appeal bond; and 3-60 (11) exhibits admitted into evidence. 3-61 Sec. 30.01303. BILLS OF EXCEPTION. Either party may include 3-62 bills of exception in the transcript subject to the applicable 3-63 provisions of the Texas Rules of Appellate Procedure. The bills of 3-64 exception must be filed with the municipal court clerk not later 3-65 than the 60th day after the date on which the notice of appeal is 3-66 given or filed. 3-67 Sec. 30.01304. STATEMENTS OF FACTS. A statement of facts 3-68 included in the record on appeal must contain: 3-69 (1) a transcript of all or part of the municipal court 4-1 of record proceedings that occurred before, during, or after the 4-2 trial, if the transcript is requested by the defendant; 4-3 (2) a brief statement of the facts of the case proved 4-4 at trial as agreed to by the defendant and the prosecuting 4-5 attorney; 4-6 (3) a partial transcript and the agreed statement of 4-7 the facts of the case; or 4-8 (4) a transcript of all or part of the municipal court 4-9 of record proceedings in the case that is prepared from videotape 4-10 recordings of the proceedings. 4-11 Sec. 30.01305. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. 4-12 (a) Not later than the 60th day after the date on which the notice 4-13 of appeal is given or filed, the parties must file with the 4-14 municipal court clerk: 4-15 (1) the statement of facts; 4-16 (2) a written description of material to be included 4-17 in the transcript in addition to the required material; and 4-18 (3) any material to be included in the transcript that 4-19 is not in the custody of the clerk. 4-20 (b) On completion of the record, the municipal judge shall 4-21 approve the record in the manner provided for record completion, 4-22 approval, and notification in the court of appeals. 4-23 (c) After the court approves the record, the clerk shall 4-24 promptly send it to the appellate court clerk for filing. The 4-25 appellate court clerk shall notify the defendant and the 4-26 prosecuting attorney that the record has been filed. 4-27 Sec. 30.01306. BRIEF ON APPEAL. (a) A defendant's brief on 4-28 appeal from a municipal court of record must present points of 4-29 error in the manner required by law for a brief on appeal to the 4-30 court of appeals. 4-31 (b) The defendant must file the brief with the appellate 4-32 court clerk not later than the 15th day after the date on which the 4-33 transcript and statement of facts are filed with that clerk. The 4-34 defendant or the defendant's attorney must certify that the brief 4-35 has been properly mailed to the prosecuting attorney. 4-36 (c) The prosecuting attorney must file the appellee's brief 4-37 with the appellate court clerk not later than the 15th day after 4-38 the date on which the defendant's brief is filed. 4-39 (d) On filing, each party shall deliver a copy of the brief 4-40 to the opposing party and to the municipal judge. 4-41 Sec. 30.01307. COURT RULES. (a) Except as modified by this 4-42 subchapter, the Code of Criminal Procedure governs the trial of 4-43 cases before a municipal court of record. The court may make and 4-44 enforce all rules of practice and procedure necessary to expedite 4-45 the trial of cases before the court that are not inconsistent with 4-46 general law. 4-47 (b) The appellate courts may make and enforce all rules of 4-48 practice and procedure that are not inconsistent with general law 4-49 and that are necessary to expedite the dispatch of appeals from the 4-50 municipal court of record. 4-51 Sec. 30.01308. DISPOSITION ON APPEAL. (a) According to law 4-52 and the nature of the case, the appellate court may: 4-53 (1) affirm the judgment of the municipal court of 4-54 record; 4-55 (2) reverse and remand for a new trial; 4-56 (3) reverse and dismiss the case; or 4-57 (4) reform and correct the judgment. 4-58 (b) Unless the matter was made an issue in the trial court 4-59 or it affirmatively appears to the contrary from the transcript or 4-60 the statement of facts, the appellate court shall presume that: 4-61 (1) venue was proved in the trial court; 4-62 (2) the jury, if any, was properly impaneled and 4-63 sworn; 4-64 (3) the defendant was arraigned and pleaded to the 4-65 complaint; and 4-66 (4) the municipal judge certified the charge before it 4-67 was read to the jury. 4-68 (c) In each case decided by the appellate court, the court 4-69 shall deliver a written opinion or order either sustaining or 5-1 overruling each assignment of error presented. The court shall set 5-2 forth the reasons for its decision. The appellate court clerk 5-3 shall mail copies of the decision to the parties and to the 5-4 municipal judge as soon as the decision is rendered. 5-5 Sec. 30.01309. CERTIFICATE OF APPELLATE PROCEEDINGS. When 5-6 the judgment of the appellate court becomes final, the clerk of 5-7 that court shall certify the proceedings and the judgment and shall 5-8 mail the certificate to the municipal court of record. The court 5-9 clerk shall file the certificate with the papers in the case and 5-10 note the certificate on the case docket. If the municipal court of 5-11 record judgment is affirmed, further action to enforce the judgment 5-12 is not necessary except to: 5-13 (1) forfeit the bond of the defendant; 5-14 (2) issue a writ of capias for the defendant; or 5-15 (3) issue an execution against the defendant's 5-16 property. 5-17 Sec. 30.01310. EFFECT OF ORDER OF NEW TRIAL. If the 5-18 appellate court awards a new trial to the defendant, the case 5-19 stands as if a new trial had been granted by the municipal court of 5-20 record. 5-21 Sec. 30.01311. APPEAL TO COURT OF APPEALS. The defendant 5-22 has the right to appeal to the court of appeals if the fine 5-23 assessed against the defendant exceeds $100 and if the judgment is 5-24 affirmed by the appellate court. The provisions of the Code of 5-25 Criminal Procedure relating to direct appeals from a county or a 5-26 district court to the court of appeals apply to the appeal, except 5-27 that: 5-28 (1) the record and briefs on appeal in the appellate 5-29 court constitute the record and briefs on appeal to the court of 5-30 appeals unless the rules of the court of criminal appeals provide 5-31 otherwise; and 5-32 (2) the record and briefs shall be filed directly with 5-33 the court of appeals. 5-34 SECTION 2. The importance of this legislation and the 5-35 crowded condition of the calendars in both houses create an 5-36 emergency and an imperative public necessity that the 5-37 constitutional rule requiring bills to be read on three several 5-38 days in each house be suspended, and this rule is hereby suspended, 5-39 and that this Act take effect and be in force from and after its 5-40 passage, and it is so enacted. 5-41 * * * * *