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.