By:  Nelson                                   S.B. No. 400

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the creation of municipal courts of record in the City

 1-2     of Lewisville.

 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 II to read as follows:

 1-6                         SUBCHAPTER II.  LEWISVILLE

 1-7           Sec. 30.01321.  APPLICATION. This subchapter applies to the

 1-8     City of Lewisville.

 1-9           Sec. 30.01322.  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 are needed.  The ordinance establishing the

1-16     courts shall give each court a numerical designation, beginning

1-17     with "Municipal Court of Record No. 1."

1-18           (b)  On creation of the initial municipal court of record,

1-19     the governing body of the city shall determine the method of

1-20     selecting the judge of a municipal court of record by:

1-21                 (1)  adopting an ordinance that provides for the

1-22     appointment of a municipal judge by the governing body of the city;

1-23                 (2)  adopting an ordinance that provides for the

 2-1     election of a municipal judge by the qualified voters of the city;

 2-2     or

 2-3                 (3)  ordering an election in which the qualified voters

 2-4     of the city determine whether a municipal judge is appointed by the

 2-5     governing body of the city or elected.

 2-6           (c)  A municipal court of record may not exist concurrently

 2-7     with municipal courts that are not courts of record in the city.

 2-8           (d)  A municipal court of record has no terms and may sit at

 2-9     any time for the transaction of the business of the court.

2-10           Sec. 30.01323.  JURISDICTION.  (a)  A municipal court of

2-11     record created under this subchapter has jurisdiction within the

2-12     territorial limits of the city in all criminal cases arising under

2-13     the ordinances of the city.

2-14           (b)  The court has concurrent jurisdiction with a justice of

2-15     the peace in any precinct in which the city is located in criminal

2-16     cases within the justice court jurisdiction that:

2-17                 (1)  arise within the territorial limits of the city;

2-18     and

2-19                 (2)  are punishable by fine only.

2-20           (c)  The court has jurisdiction over cases arising outside

2-21     the territorial limits of the city under ordinances authorized by

2-22     Section 215.072, 217.042, 341.903, or 401.002, Local Government

2-23     Code.

2-24           Sec. 30.01324.  WRIT POWER.  The judge of a municipal court

2-25     of record created under this subchapter may grant writs of

 3-1     mandamus, injunction, attachment, and other writs necessary to the

 3-2     enforcement of the jurisdiction of the court and may issue writs of

 3-3     habeas corpus in cases in which the offense charged is within the

 3-4     jurisdiction of the court.  A municipal judge may issue

 3-5     administrative search warrants.

 3-6           Sec. 30.01325.  APPLICATION OF OTHER LAWS.  The general law

 3-7     regarding municipal courts, the general law regarding justice

 3-8     courts on matters not covered by the law regarding municipal

 3-9     courts, and any charter provision or ordinance of the city relating

3-10     to the municipal court apply to a municipal court of record unless

3-11     the law, charter provision, or ordinance is in conflict or

3-12     inconsistent with this subchapter.

3-13           Sec. 30.01326.  JUDGE.  (a)  A municipal court of record is

3-14     presided over by a municipal judge.

3-15           (b)  If more than one municipal judge is elected or appointed

3-16     in the city, the governing body of the city shall appoint one of

3-17     the judges to be the chief judge.

3-18           (c)  A municipal judge, including the chief judge, is

3-19     appointed or elected for a term of two years.

3-20           (d)  A municipal judge must be a licensed attorney in good

3-21     standing in this state and must have two or more years of

3-22     experience in the practice of law in this state.  The judge must be

3-23     a citizen of the United States and of this state.  The judge shall

3-24     devote as much time to the office as it requires.

3-25           (e)  If more than one municipal court of record is created,

 4-1     the judges may exchange benches and may sit and act for each other

 4-2     in any proceeding pending in the courts.  An act performed by any

 4-3     of the judges is binding on all parties to the proceeding.

 4-4           (f)  A municipal judge is entitled to receive a salary from

 4-5     the city, the amount of which is determined by the governing body

 4-6     of the city and may not be diminished during the judge's term of

 4-7     office.  The salary may not be based directly or indirectly on

 4-8     fines, fees, or costs collected by the court.

 4-9           Sec. 30.01327.  VACANCIES; TEMPORARY REPLACEMENT; REMOVAL.

4-10     (a)  If a vacancy occurs in the office of municipal judge, the

4-11     governing body of the city shall appoint a qualified person to fill

4-12     the office for the remainder of the unexpired term.

4-13           (b)  The governing body may appoint one or more qualified

4-14     persons to be available to serve for a municipal judge who is

4-15     temporarily absent due to illness, family death, continuing legal

4-16     or judicial education programs, or any other reason.  The chief

4-17     judge, or the municipal judge if there is not a chief judge, shall

4-18     select one of the persons appointed by the governing body to serve

4-19     during an absence.  An alternate judge, while serving, has all the

4-20     powers and shall discharge all the duties of a municipal judge.  An

4-21     alternate judge must have the same qualifications as a municipal

4-22     judge.

4-23           (c)  A municipal judge may be removed from office by the

4-24     governing body of the city at any time for incompetency,

4-25     misconduct, malfeasance, or disability.

 5-1           Sec. 30.01328.  CLERK; OTHER PERSONNEL.  (a)  The city

 5-2     manager of the city shall appoint a clerk of the municipal court of

 5-3     record who shall be known as the "Lewisville Municipal Court

 5-4     Clerk."

 5-5           (b)  The clerk may hire, direct, and remove the personnel

 5-6     authorized in the city's annual budget for the clerk's office.

 5-7           (c)  The clerk or the clerk's deputies shall keep the records

 5-8     of the municipal courts of record, issue process, and generally

 5-9     perform the duties for the courts that a clerk of the county court

5-10     exercising criminal jurisdiction is required by law to perform for

5-11     that court.  The clerk shall perform the duties in accordance with

5-12     statutes, the city charter, and city ordinances.

5-13           Sec. 30.01329.  COURT REPORTER.  (a)  The city shall provide

5-14     a court reporter for the purpose of preserving a record in cases

5-15     tried before the municipal court of record.  The clerk of the court

5-16     shall appoint the court reporter, who must meet the qualifications

5-17     provided by law for official court reporters.  The reporter shall

5-18     be compensated by the city in the manner determined by the

5-19     governing body of the city.

5-20           (b)  The court reporter may use written notes, transcribing

5-21     equipment, video or audio recording equipment, or a combination of

5-22     those methods to record the proceedings of the court.

5-23           (c)  The court reporter is not required to record testimony

5-24     in a case unless the judge or one of the parties requests a record.

5-25     A party's request for a record must be in writing and be filed with

 6-1     the court before trial or any hearing.

 6-2           (d)  The governing body of the city may provide that, in lieu

 6-3     of the city providing a court reporter at trial, proceedings in a

 6-4     municipal court of record may be recorded by a good quality

 6-5     electronic recording device.  If the governing body authorizes the

 6-6     electronic recording, the court reporter need not be present at

 6-7     trial to record the proceedings or to certify the statement of

 6-8     facts.  The recording shall be kept and stored for the 20-day

 6-9     period beginning the day after the last day of the proceeding,

6-10     trial, or denial of motion for new trial, whichever occurs last.

6-11     The proceedings that are appealed shall be transcribed from the

6-12     recording by an official court reporter, clerk of court, deputy

6-13     clerk of court, or a notary public.

6-14           (e)  The court reporter shall certify the official record.

6-15           Sec. 30.01330.  PROSECUTIONS BY CITY ATTORNEY.  All

6-16     prosecutions in the municipal court of record must be conducted by

6-17     the city attorney or an assistant or deputy city attorney.

6-18           Sec. 30.01331.  COMPLAINT; PLEADING.  (a)  A proceeding in a

6-19     municipal court of record begins with the filing of a complaint.  A

6-20     complaint must begin "In the name and by authority of the State of

6-21     Texas" and must conclude "Against the peace and dignity of the

6-22     State."  If the offense is only covered by an ordinance, it may

6-23     also conclude "Contrary to said ordinance."

6-24           (b)  Complaints must comply with Article 45.17, Code of

6-25     Criminal Procedure.

 7-1           (c)  Pleadings must be in writing and must be filed with the

 7-2     municipal court clerk.

 7-3           Sec. 30.01332.  JURY.  (a)  A person who is brought before a

 7-4     municipal court of record and who is charged with an offense is

 7-5     entitled to be tried by a jury of six persons unless that right is

 7-6     waived according to law.  The jury shall decide all questions of

 7-7     fact or credibility of witnesses.  The court shall determine all

 7-8     matters of law and shall charge the jury on the law.

 7-9           (b)  A juror who serves in a municipal court of record must

7-10     have the qualifications required of jurors by law and must be a

7-11     resident of the city.

7-12           (c)  A juror is entitled to receive compensation for each day

7-13     and each fraction of a day in attendance on a municipal court of

7-14     record as provided by Chapter 61.

7-15           (d)  The municipal court clerk shall establish a fair,

7-16     impartial, and objective juror selection process.

7-17           Sec. 30.01333.  COURT RULES.  (a)  Except as modified by this

7-18     subchapter, the Code of Criminal Procedure as applied to county

7-19     courts at law governs the trial of cases before municipal courts of

7-20     record.

7-21           (b)  Bonds must be payable to the state for the use and

7-22     benefit of the city.  The court may not assess court costs other

7-23     than warrant fees, capias fees, and other fees authorized for

7-24     municipal courts.

7-25           (c)  A peace officer may serve a process issued by a

 8-1     municipal court of record.

 8-2           (d)  Fines, fees, costs, and bonds shall be paid to the

 8-3     municipal court clerk, who shall deposit them in the city general

 8-4     fund.

 8-5           Sec. 30.01334.  APPEAL.  (a)  A defendant has the right of

 8-6     appeal from a judgment or conviction in a municipal court of record

 8-7     as provided by this subchapter.  The state has the right to an

 8-8     appeal as provided by Article 44.01, Code of Criminal Procedure.

 8-9     The county court of Denton County that has appellate criminal

8-10     jurisdiction shall hear the appeal.

8-11           (b)  The appellate court shall determine each appeal from a

8-12     municipal court of record conviction on the basis of the errors

8-13     that are set forth in the defendant's motion for new trial and that

8-14     are presented in the transcript and statement of facts prepared

8-15     from the proceedings leading to the conviction.  An appeal from the

8-16     municipal court of record may not be by trial de novo.

8-17           (c)  To perfect an appeal, the defendant must file with the

8-18     municipal court clerk a written motion for new trial not later than

8-19     the 10th day after the date on which the judgment and sentence are

8-20     rendered.  The motion must set forth the points of error of which

8-21     the defendant complains.  The motion constitutes the assignment of

8-22     the error in appeal.  A ground or an error not set forth in the

8-23     motion is waived.  If the court does not act on the motion before

8-24     the expiration of 30 days after the judgment and sentence is

8-25     rendered by the court, the motion is overruled by operation of law.

 9-1           (d)  After an order overruling a motion for new trial, the

 9-2     defendant shall give written notice of appeal and pay the

 9-3     transcript preparation fee not later than the 10th day after the

 9-4     date on which the motion is overruled.  The governing body shall

 9-5     set a reasonable transcript preparation fee.  The clerk shall note

 9-6     the payment of the fee on the docket of the court.  If the case is

 9-7     reversed on appeal, the fee shall be refunded to the defendant.

 9-8           (e)  The city attorney or the assistant or deputy city

 9-9     attorney shall prosecute all appeals from the municipal courts of

9-10     record.

9-11           Sec. 30.01335.  APPEAL BOND; RECORD ON APPEAL.  (a)  If the

9-12     defendant is not in custody, the defendant may not take an appeal

9-13     until the defendant files an appeal bond with the municipal court

9-14     of record.  The bond must be approved by the court and must be

9-15     filed not later than the 10th day after the date on which the

9-16     motion for new trial is overruled.  If the defendant is in custody,

9-17     the defendant shall be committed to jail unless the defendant posts

9-18     the appeal bond.

9-19           (b)  The appeal bond must be in the amount of $50 or double

9-20     the amount of the fine and costs adjudged against the defendant,

9-21     whichever is greater.  The bond must:

9-22                 (1)  state that the defendant was convicted in the case

9-23     and has appealed;

9-24                 (2)  be payable to the state for the use and benefit of

9-25     the city; and

 10-1                (3)  be conditioned on the defendant's appearance in

 10-2    the court to which the appeal is taken.

 10-3          (c)  The record on appeal consists of a transcript and, if

 10-4    necessary to the appeal, a statement of facts.  The court reporter

 10-5    shall prepare the record from the reporter's record or mechanical,

 10-6    audiotape, or videotape recordings of the proceedings.  The

 10-7    defendant shall pay for the cost of the transcription and statement

 10-8    of facts.  If the case is reversed on appeal, the court shall

 10-9    promptly refund the cost to the defendant.  If the court finds that

10-10    the defendant is unable to pay or give security for the record on

10-11    appeal after a hearing in response to an affidavit by the

10-12    defendant, the court shall order the reporter to prepare the record

10-13    without charge to the defendant.

10-14          Sec. 30.01336.  TRANSCRIPT.  (a)  On the written request of

10-15    the defendant or the defendant's attorney, the municipal court

10-16    clerk shall prepare, under the clerk's hand and seal of the court,

10-17    a transcript of the municipal court of record proceedings, after

10-18    payment of the transcript preparation fee.  The clerk shall prepare

10-19    the transcript under written instructions from the defendant or

10-20    defendant's attorney.

10-21          (b)  Unless otherwise agreed by the parties in writing, the

10-22    transcript must include a copy of:

10-23                (1)  the complaint;

10-24                (2)  court orders on any motions or exceptions;

10-25                (3)  the judgment;

 11-1                (4)  the verdict of the jury;

 11-2                (5)  any findings of fact or conclusions of law made by

 11-3    the court;

 11-4                (6)  the motion for new trial and the order of the

 11-5    court on the motion;

 11-6                (7)  the notice of appeal;

 11-7                (8)  any statement of the parties regarding material to

 11-8    be included in the record;

 11-9                (9)  the appeal bond; and

11-10                (10)  any signed paper designated as material by either

11-11    party.

11-12          (c)  The defendant or the defendant's attorney shall file a

11-13    copy of the written instructions with the clerk and shall deliver a

11-14    copy to the city attorney.

11-15          (d)  The city attorney shall file a written direction to the

11-16    clerk if additional portions of the trial proceedings in the

11-17    transcript are to be included.

11-18          Sec. 30.01337.  BILLS OF EXCEPTION.  Either party may include

11-19    bills of exception in the transcript subject to the applicable

11-20    provisions of the Texas Rules of Appellate Procedure.  The bills of

11-21    exception must be filed with the municipal court clerk not later

11-22    than the 60th day after the date on which the notice of appeal is

11-23    given or filed.

11-24          Sec. 30.01338.  STATEMENT OF FACTS.  (a)  A statement of

11-25    facts included in the record on appeal must contain:

 12-1                (1)  a transcript of all or part of the municipal court

 12-2    of record proceedings that are shown by the notes of the court

 12-3    reporter to have occurred before, during, or after the trial, if

 12-4    the transcript is requested by the defendant;

 12-5                (2)  a brief statement of the facts of the case proven

 12-6    at trial as agreed to by the defendant and the prosecuting

 12-7    attorney;

 12-8                (3)  a partial transcript and the agreed statement of

 12-9    the facts of the case; or

12-10                (4)  a transcript of all or part of the municipal court

12-11    of record proceedings in the case that is prepared from mechanical,

12-12    audiotape, or videotape recordings of the proceedings.

12-13          (b)  The court reporter shall transcribe in duplicate any

12-14    portion of the recorded proceedings or the notes of the court

12-15    proceedings in the case at the request of either party or the

12-16    municipal judge.  The defendant shall pay for the transcription

12-17    unless the court finds, after hearing in response to an affidavit

12-18    by the defendant, that the defendant is unable to pay or give

12-19    security for the transcription.  On certification by the court that

12-20    the court reporter has rendered the service without charge to the

12-21    defendant, the court reporter shall be paid for the services by the

12-22    city.

12-23          Sec. 30.01339.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.

12-24    (a)  Not later than the 60th day after the date on which the notice

12-25    of appeal is given or filed, the parties must file with the

 13-1    municipal court clerk:

 13-2                (1)  the statement of facts;

 13-3                (2)  a written description of material to be included

 13-4    in the transcript in addition to the required material; and

 13-5                (3)  any material to be included in the transcript that

 13-6    is not in the custody of the clerk.

 13-7          (b)  On completion of the record, the municipal judge shall

 13-8    approve the record in the manner provided for record completion,

 13-9    approval, and notification in the court of appeals.

13-10          (c)  After the court approves the record, the clerk shall

13-11    promptly send it to the appellate court clerk for filing.  The

13-12    appellate court clerk shall notify the defendant and the

13-13    prosecuting attorney that the record has been filed.

13-14          Sec. 30.01340.  BRIEF ON APPEAL.  (a)  A defendant's brief on

13-15    appeal from a municipal court of record must present points of

13-16    error in the manner required by law for a brief on appeal to the

13-17    court of appeals.

13-18          (b)  The defendant must file the brief with the appellate

13-19    court clerk not later than the 15th day after the date on which the

13-20    transcript and statement of facts are filed with that clerk.  The

13-21    defendant or the defendant's attorney must certify that the brief

13-22    has been properly mailed to the prosecuting attorney.

13-23          (c)  The prosecuting attorney must file the appellate's brief

13-24    with the appellate court clerk not later than the 15th day after

13-25    the date on which the defendant's brief is filed.

 14-1          (d)  On filing, each party shall deliver a copy of the brief

 14-2    to the opposing party and to the municipal judge.

 14-3          (e)  To avoid unnecessary delay, the record and briefs on

 14-4    appeal shall be limited as far as possible to the questions relied

 14-5    on for reversal.

 14-6          Sec. 30.01341.  DISPOSITION ON APPEAL.  (a)  According to law

 14-7    and the nature of the case, the appellate court may:

 14-8                (1)  affirm the judgment of the municipal court of

 14-9    record;

14-10                (2)  reverse and remand for a new trial;

14-11                (3)  reverse and dismiss the case; or

14-12                (4)  reform and correct the judgment.

14-13          (b)  Unless the matter was made an issue in the trial court

14-14    or it affirmatively appears to the contrary from the transcript or

14-15    the statement of facts, the appellate court shall presume that:

14-16                (1)  venue was proven in the trial court;

14-17                (2)  the jury, if any, was properly impaneled and

14-18    sworn;

14-19                (3)  the defendant was arraigned and pleaded to the

14-20    complaint; and

14-21                (4)  the municipal judge certified the charge and the

14-22    clerk filed the charge before it was read to the jury.

14-23          (c)  In each case decided by the appellate court, the court

14-24    shall deliver a written opinion or order either sustaining or

14-25    overruling each assignment of error presented.  The court shall

 15-1    state the reasons for its decision.  The appellate court clerk

 15-2    shall mail copies of the decision to the parties and to the

 15-3    municipal judge as soon as the decision is rendered.

 15-4          Sec. 30.01342.  CERTIFICATION OF APPELLATE PROCEEDINGS.  When

 15-5    the judgment of the appellate court becomes final, the clerk of

 15-6    that court shall certify the proceedings and the judgment and shall

 15-7    mail the certificate to the municipal court of record.  The court

 15-8    clerk shall file the certificate with the papers in the case and

 15-9    note the certificate on the case docket.  If the municipal court of

15-10    record judgment is affirmed, further action to enforce the judgment

15-11    is not necessary except to:

15-12                (1)  forfeit the bond of the defendant;

15-13                (2)  issue a writ of capias for the defendant; or

15-14                (3)  issue an execution against the defendant's

15-15    property.

15-16          Sec. 30.01343.  EFFECT OF ORDER OF NEW TRIAL.  If the

15-17    appellate court awards a new trial to the defendant, the case

15-18    stands as if a new trial had been granted by the municipal court of

15-19    record.

15-20          Sec. 30.01344.  APPEAL TO COURT OF APPEALS.  The defendant

15-21    has the right to appeal to the court of appeals if the fine

15-22    assessed against the defendant exceeds $100 and if the judgment is

15-23    affirmed by the appellate court.  The provisions of the Code of

15-24    Criminal Procedure relating to direct appeals from a county or a

15-25    district court to the court of appeals apply to the appeal, except

 16-1    that:

 16-2                (1)  the record and briefs on appeal in the appellate

 16-3    court constitute the record and briefs on appeal to the court of

 16-4    appeals unless the rules of the court of criminal appeals provide

 16-5    otherwise; and

 16-6                (2)  the record and briefs shall be filed directly with

 16-7    the court of appeals.

 16-8          Sec. 30.01345.  SEAL.  The governing body of the city shall

 16-9    provide each municipal court of record with a seal with a star of

16-10    five points in the center and the words "Municipal Court in

16-11    Lewisville, Texas."  The impress of the seal shall be attached to

16-12    all papers, except subpoenas, issued out of the court and shall be

16-13    used by each municipal court judge or the municipal clerk to

16-14    authenticate all official acts of the clerk and the judge.

16-15          SECTION 2.  The importance of this legislation and the

16-16    crowded condition of the calendars in both houses create an

16-17    emergency and an imperative public necessity that the

16-18    constitutional rule requiring bills to be read on three several

16-19    days in each house be suspended, and this rule is hereby suspended,

16-20    and that this Act take effect and be in force from and after its

16-21    passage, and it is so enacted.