By Marchant H.B. No. 3555 75R10714 SAW-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of municipal courts of record in Coppell. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 30, Government Code, is amended by adding 1-5 Subchapter LL to read as follows: 1-6 SUBCHAPTER LL. COPPELL 1-7 Sec. 30.01441. APPLICATION. This subchapter applies to the 1-8 City of Coppell. 1-9 Sec. 30.01442. CREATION. (a) The governing body of the 1-10 city may by ordinance create a municipal court of record if it 1-11 determines that the formation of the court is necessary to provide 1-12 a more efficient disposition of cases arising in the city. The 1-13 governing body may by ordinance determine the number of municipal 1-14 courts of record that are required to dispose of the cases and may 1-15 establish as many as necessary. The ordinance establishing the 1-16 courts shall give each court a numerical designation, beginning 1-17 with "Municipal Court No. 1." 1-18 (b) A municipal court of record may not exist concurrently 1-19 with municipal courts that are not courts of record in the city. 1-20 (c) A municipal court of record has no terms and may sit at 1-21 any time for the transaction of the business of the court. 1-22 Sec. 30.01443. JURISDICTION. (a) A municipal court of 1-23 record created under this subchapter has jurisdiction within the 1-24 territorial limits of the city in all criminal cases arising under 2-1 the ordinances of the city. 2-2 (b) The court has concurrent jurisdiction with a justice of 2-3 the peace in any precinct in which the city is located in criminal 2-4 cases within the justice court jurisdiction that: 2-5 (1) arise within the territorial limits of the city; 2-6 and 2-7 (2) are punishable by fine only. 2-8 (c) The court has jurisdiction over cases arising outside 2-9 the territorial limits of the city under ordinances authorized by 2-10 Sections 215.072, 217.042, 341.903, and 401.002, Local Government 2-11 Code. 2-12 Sec. 30.01444. WRIT POWER. The judge of a municipal court 2-13 of record created under this subchapter may grant writs of 2-14 mandamus, injunction, attachment, and other writs necessary for the 2-15 enforcement of the jurisdiction of the court and may issue writs of 2-16 habeas corpus in cases in which the offense charged is within the 2-17 jurisdiction of the court. 2-18 Sec. 30.01445. APPLICATION OF OTHER LAWS. The general law 2-19 regarding municipal courts, the general law regarding justice 2-20 courts on matters not covered by the law regarding municipal 2-21 courts, and any charter provision or ordinance of the city relating 2-22 to the municipal court apply to a municipal court of record unless 2-23 the law, charter provision, or ordinance is in conflict or 2-24 inconsistent with this subchapter. 2-25 Sec. 30.01446. JUDGE. (a) A municipal judge presides over 2-26 a municipal court of record. 2-27 (b) The governing body of the city appoints a municipal 3-1 judge for a term of two years. 3-2 (c) A municipal judge must be a licensed attorney in good 3-3 standing in this state, a citizen of the United States, and a 3-4 resident of this state. A municipal judge is not required to be a 3-5 resident of the city. 3-6 (d) If there is more than one municipal court of record in 3-7 the city, the municipal court judges may exchange benches and may 3-8 sit and act for each other in any proceeding pending in the courts. 3-9 (e) A municipal judge is entitled to a salary and other 3-10 benefits set by the governing body of the city. The governing body 3-11 may not base the salary directly or indirectly on fines, fees, or 3-12 costs collected by the court. 3-13 Sec. 30.01447. VACANCY; TEMPORARY REPLACEMENT; REMOVAL. 3-14 (a) The governing body of the city shall appoint a qualified 3-15 person to fill a vacancy in the office of municipal judge for the 3-16 remainder of the unexpired term. 3-17 (b) The governing body may appoint one or more qualified 3-18 persons as an alternate or associate municipal judge for a term of 3-19 two years. 3-20 (c) An alternate or associate judge must meet the 3-21 qualifications prescribed for the municipal judge. 3-22 (d) The governing body shall set the compensation of an 3-23 alternate or associate municipal judge. 3-24 (e) The municipal judge may assign an alternate or associate 3-25 municipal judge to act for the municipal judge when the municipal 3-26 judge is unable to act for any reason. An alternate or associate 3-27 judge, while serving, has all the powers and duties of a municipal 4-1 judge. 4-2 (f) A municipal judge or an alternate or associate municipal 4-3 judge serves at the pleasure of the governing body of the city and 4-4 may be removed with or without cause. 4-5 Sec. 30.01448. CLERK; OTHER PERSONNEL. (a) The city 4-6 manager shall appoint a clerk of the municipal court of record. 4-7 (b) The clerk may hire, direct, and remove the personnel 4-8 authorized in the city's annual budget for the clerk's office, 4-9 including deputies and bailiffs as may be necessary or appropriate. 4-10 (c) The clerk or the clerk's deputies shall keep the records 4-11 of the municipal courts of record, issue process, and generally 4-12 perform the duties for the courts that a clerk of the county court 4-13 exercising criminal jurisdiction is required by law to perform for 4-14 that court. The clerk shall perform the duties in accordance with 4-15 statutes, the city charter, and city ordinances. 4-16 Sec. 30.01449. COURT REPORTER. (a) The city shall provide 4-17 a court reporter for the purpose of preserving a record in cases 4-18 tried before the municipal court of record. The clerk of the court 4-19 shall appoint a court reporter who meets the qualifications 4-20 provided by law for official court reporters. 4-21 (b) The court reporter may use written notes, transcribing 4-22 equipment, or a combination of those methods to record the 4-23 proceedings of the court. The court reporter shall keep the record 4-24 for the 20-day period beginning the day after the last day of the 4-25 court proceeding, trial, or denial of motion for new trial, 4-26 whichever occurs last. 4-27 (c) A court reporter or the recording of proceedings is not 5-1 required in a case unless the judge or one of the parties requests 5-2 a record. A party's request for a record must be in writing and 5-3 filed with the court before trial. 5-4 (d) The court reporter shall certify the official record. 5-5 Sec. 30.01450. PROSECUTIONS BY CITY ATTORNEY. All 5-6 prosecutions in the municipal court of record must be conducted by 5-7 the city attorney or the city attorney's designee. 5-8 Sec. 30.01451. COMPLAINT; PLEADING. (a) A proceeding in a 5-9 municipal court of record commences with the filing of a complaint. 5-10 A complaint must begin "In the name and by authority of the State 5-11 of Texas" and must conclude "Against the peace and dignity of the 5-12 State." 5-13 (b) Complaints must comply with Article 45.17, Code of 5-14 Criminal Procedure. 5-15 (c) Pleadings must be in writing and filed with the 5-16 municipal court clerk. 5-17 Sec. 30.01452. JURY. (a) A person who is brought before a 5-18 municipal court of record and who is charged with an offense is 5-19 entitled to be tried by a jury of six persons unless that right is 5-20 waived according to law. 5-21 (b) A juror for the municipal court must have the 5-22 qualifications required of jurors by law and must be a resident of 5-23 the city. 5-24 (c) A juror is entitled to receive compensation for each day 5-25 and each fraction of a day in attendance on a municipal court of 5-26 record jury as provided by Chapter 61. 5-27 (d) The municipal court clerk shall establish a fair, 6-1 impartial, and objective juror selection process. 6-2 Sec. 30.01453. COURT RULES. (a) Except as modified by this 6-3 subchapter, the Code of Criminal Procedure as applied to county 6-4 courts at law governs the trial of cases before municipal courts of 6-5 record. 6-6 (b) Bonds must be payable to the state for the use and 6-7 benefit of the city. The court may not assess court costs other 6-8 than warrant fees, capias fees, and other fees authorized for 6-9 municipal courts. 6-10 (c) A peace officer may serve a process issued by a 6-11 municipal court of record. 6-12 (d) On conviction, judgment and sentence are in the name of 6-13 the state, and the state recovers from the defendant the fine and 6-14 fees for the use and benefit of the city. The court may require 6-15 that the defendant remain in the custody of the chief of police 6-16 until the fines and costs are paid and shall order that execution 6-17 issue to collect the fines and penalties. 6-18 (e) Fines, fees, costs, and bonds shall be paid to the 6-19 municipal court clerk, who shall deposit them in the city general 6-20 fund. 6-21 Sec. 30.01454. APPEAL. (a) A defendant has the right of 6-22 appeal from a judgment or conviction in a municipal court of record 6-23 as provided by this subchapter. The state has the right to an 6-24 appeal as provided by Article 44.01, Code of Criminal Procedure. 6-25 The county criminal courts of appeal of Dallas County have 6-26 jurisdiction over appeals from the municipal courts of record. 6-27 (b) The appellate court shall determine each appeal from a 7-1 municipal court of record conviction on the basis of the errors 7-2 that are set forth in the defendant's motion for new trial and that 7-3 are presented in the transcript and statement of facts prepared 7-4 from the proceedings leading to the conviction. An appeal from the 7-5 municipal court of record may not be a trial de novo. 7-6 (c) To perfect an appeal, the defendant must file with the 7-7 municipal court clerk a written motion for new trial not later than 7-8 the 10th day after the date on which judgment and sentence are 7-9 rendered. The motion must be in writing and must be filed with the 7-10 clerk of the municipal court of record. The motion constitutes the 7-11 assignment of error on appeal. A ground or an error not set forth 7-12 in the motion is waived. If the court does not act on the motion 7-13 before the 30th day after the motion is filed with the clerk, the 7-14 motion is overruled by operation of law. 7-15 (d) After an order overruling a motion for new trial, the 7-16 defendant shall give written notice of appeal and pay the 7-17 transcript preparation fee not later than the 10th day after the 7-18 date on which the motion is overruled. The governing body shall 7-19 set a reasonable transcript preparation fee not to exceed $50. The 7-20 clerk shall note the payment of the fee on the docket of the court. 7-21 If the case is reversed on appeal, the fee shall be refunded to the 7-22 defendant. 7-23 (e) The city attorney or the city attorney's designee shall 7-24 represent the city in all appeals from the municipal courts of 7-25 record. 7-26 Sec. 30.01455. APPEAL BOND. (a) If the defendant is not in 7-27 custody, the defendant may not take an appeal until the defendant 8-1 files an appeal bond with the municipal court of record. The bond 8-2 must be approved by the court and must be filed not later than the 8-3 10th day after the date on which the motion for new trial is 8-4 overruled. If the defendant is in custody, the defendant shall be 8-5 committed to jail unless the defendant posts the appeal bond. 8-6 (b) The appeal bond must be in the amount of $50 or double 8-7 the amount of the fine and costs adjudged against the defendant, 8-8 whichever is greater. The bond must be payable to the state for 8-9 the use and benefit of the city and must be conditioned on the 8-10 defendant's appearance in the court to which the appeal is taken. 8-11 Sec. 30.01456. RECORD ON APPEAL. The record on appeal 8-12 consists of a transcript and, if necessary to the appeal, a 8-13 statement of facts. The court reporter shall prepare the record 8-14 from the reporter's record or mechanical recordings of the 8-15 proceedings. The defendant shall pay for the cost of the 8-16 transcript. If the court finds that the defendant is unable to pay 8-17 or give security for the record on appeal after a hearing in 8-18 response to an affidavit by the defendant, the court shall order 8-19 the reporter to prepare the record without charge to the defendant. 8-20 If the case is reversed on appeal, the court shall promptly refund 8-21 the cost to the defendant. 8-22 Sec. 30.01457. TRANSCRIPT. (a) The municipal court clerk 8-23 shall prepare under the clerk's hand and seal a transcript of the 8-24 municipal court of record proceedings after payment of the 8-25 transcript preparation fee under Section 30.01454. The clerk shall 8-26 prepare the transcript under written instructions from the 8-27 defendant or the defendant's attorney. Unless otherwise agreed by 9-1 the parties in writing, the transcript must include a copy of: 9-2 (1) the complaint; 9-3 (2) court orders on any motions or exceptions; 9-4 (3) the judgment; 9-5 (4) the verdict in a jury trial; 9-6 (5) any findings of fact or conclusions of law made by 9-7 the court; 9-8 (6) the motion for new trial and the order of the 9-9 court on the motion; 9-10 (7) the notice of appeal; 9-11 (8) any statement of the parties regarding material to 9-12 be included in the record; 9-13 (9) the appeal bond; and 9-14 (10) any signed paper designated as material by either 9-15 party. 9-16 (b) The defendant or the defendant's attorney shall file a 9-17 copy of the written instructions with the clerk and shall deliver a 9-18 copy to the city attorney. 9-19 (c) The city attorney shall file written instructions with 9-20 the clerk if additional portions of the trial proceedings in the 9-21 transcript are to be included. 9-22 Sec. 30.01458. STATEMENTS OF FACTS. (a) A statement of 9-23 facts included in the record on appeal must contain: 9-24 (1) a transcription of all or part of the municipal 9-25 court of record proceedings recorded by the court reporter before, 9-26 during, or after the trial, if the transcription is requested by a 9-27 party, a party's attorney, or the municipal judge; 10-1 (2) a brief statement of the facts of the case proven 10-2 at trial as agreed to by the defendant and the prosecuting 10-3 attorney; or 10-4 (3) a partial transcription and the agreed statement 10-5 of the facts of the case. 10-6 (b) The court reporter shall transcribe in duplicate any 10-7 portion of the recorded proceedings or the notes of the court 10-8 proceedings in the case at the request of either party or the 10-9 municipal judge. The defendant shall pay for the transcription 10-10 unless the court finds, after hearing in response to an affidavit 10-11 by the defendant, that the defendant is unable to pay or give 10-12 security for the transcription. On certification by the court that 10-13 the court reporter has rendered the service without charge to the 10-14 defendant, the court reporter shall be paid for the services by the 10-15 city. 10-16 Sec. 30.01459. TRANSFER OF RECORD. Not later than the 60th 10-17 day after the date on which the transcript preparation fee is paid, 10-18 the parties must file with the municipal court clerk the transcript 10-19 and the statement of facts. The clerk shall promptly forward them 10-20 to the appellate court clerk. 10-21 Sec. 30.01460. BRIEF ON APPEAL. (a) The defendant must 10-22 file a brief on appeal with the appellate court clerk not later 10-23 than the 20th day after the date on which the transcript and 10-24 statement of facts are filed with that clerk. 10-25 (b) The prosecuting attorney must file the appellee's brief 10-26 with the appellate court clerk not later than the 20th day after 10-27 the date on which the defendant's brief is served on the 11-1 prosecuting attorney. 11-2 (c) To avoid unnecessary delay, the record and briefs on 11-3 appeal shall be limited as far as possible to the questions relied 11-4 on for reversal. 11-5 (d) On filing, each party shall immediately deliver a copy 11-6 of the brief to the opposing party. 11-7 Sec. 30.01461. PROCEDURE; DISPOSITION ON APPEAL. (a) The 11-8 appellate court shall hear appeals from the municipal court of 11-9 record at the earliest possible time with due regard to the rights 11-10 of the parties and the proper administration of justice. The court 11-11 may determine the rules for oral argument. The case may be 11-12 submitted on the record and briefs without oral argument. 11-13 (b) According to law and the nature of the case, the 11-14 appellate court may: 11-15 (1) affirm the judgment of the municipal court of 11-16 record; 11-17 (2) reverse and remand for a new trial; 11-18 (3) reverse and dismiss the case; or 11-19 (4) reform and correct the judgment. 11-20 (c) Unless the matter was made an issue in the trial court 11-21 or it affirmatively appears to the contrary from the transcript or 11-22 the statement of facts, the appellate court shall presume that: 11-23 (1) venue was proven in the trial court; 11-24 (2) the jury, if any, was properly impaneled and 11-25 sworn; 11-26 (3) the defendant was arraigned and pleaded to the 11-27 complaint; 12-1 (4) the municipal judge certified the charge and the 12-2 clerk filed the charge before it was read to the jury; and 12-3 (5) the proceedings were otherwise regular and in 12-4 accordance with the formalities required by law. 12-5 (d) In each case decided by the appellate court, the court 12-6 shall deliver a written opinion or order either sustaining or 12-7 overruling each assignment of error presented. If an assignment of 12-8 error is sustained, the court shall set forth the reasons for its 12-9 decision. The appellate court clerk shall mail copies of the 12-10 decision to the parties and to the municipal judge promptly after 12-11 the decision is rendered. 12-12 Sec. 30.01462. CERTIFICATE OF APPELLATE PROCEEDINGS. When 12-13 the judgment of the appellate court becomes final, the clerk of 12-14 that court shall certify the proceedings and the judgment and shall 12-15 mail the certificate to the clerk of the municipal court of record. 12-16 The clerk shall file the certificate with the papers in the case 12-17 and note the certificate on the case docket. If the municipal 12-18 court of record judgment is affirmed, further action to enforce the 12-19 judgment is not necessary except to: 12-20 (1) forfeit the bond of the defendant; 12-21 (2) issue a writ of capias for the defendant; or 12-22 (3) issue an execution against the defendant's 12-23 property. 12-24 Sec. 30.01463. EFFECT OF ORDER OF NEW TRIAL. If the 12-25 appellate court awards a new trial to the defendant, the case 12-26 stands as if a new trial had been granted by the municipal court of 12-27 record. 13-1 Sec. 30.01464. APPEAL TO COURT OF APPEALS. An appeal of the 13-2 appellate court decision to the court of appeals is governed by the 13-3 Code of Criminal Procedure, except that the transcript, briefs, and 13-4 statement of facts filed in the appellate court constitute the 13-5 transcript, briefs, and statement of facts on appeal to the court 13-6 of appeals unless the rules of the court of appeals provide 13-7 otherwise. 13-8 SECTION 2. The importance of this legislation and the 13-9 crowded condition of the calendars in both houses create an 13-10 emergency and an imperative public necessity that the 13-11 constitutional rule requiring bills to be read on three several 13-12 days in each house be suspended, and this rule is hereby suspended, 13-13 and that this Act take effect and be in force from and after its 13-14 passage, and it is so enacted.