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 or state must file
8-18 with the municipal court clerk a written motion for new trial not
8-19 later than the 10th day after the date on which the judgment and
8-20 sentence are rendered. The motion must set forth the points of
8-21 error of which the defendant complains. The motion constitutes the
8-22 assignment of the error in appeal. A ground or an error not set
8-23 forth in the motion is waived. If the court does not act on the
8-24 motion before the expiration of 30 days after the judgment and
8-25 sentence is rendered by the court, the motion is overruled by
9-1 operation of law.
9-2 (d) After an order overruling a motion for new trial, the
9-3 defendant or state shall give written notice of appeal and pay the
9-4 transcript preparation fee not later than the 10th day after the
9-5 date on which the motion is overruled. The governing body shall
9-6 set a reasonable transcript preparation fee. The clerk shall note
9-7 the payment of the fee on the docket of the court. If the case is
9-8 reversed on appeal, the fee shall be refunded to the appellant.
9-9 (e) The city attorney or the assistant or deputy city
9-10 attorney shall prosecute all appeals from the municipal courts of
9-11 record.
9-12 Sec. 30.01335. APPEAL BOND; RECORD ON APPEAL. (a) If the
9-13 defendant is not in custody, the defendant may not take an appeal
9-14 until the defendant files an appeal bond with the municipal court
9-15 of record. The bond must be approved by the court and must be
9-16 filed not later than the 10th day after the date on which the
9-17 motion for new trial is overruled. If the defendant is in custody,
9-18 the defendant shall be committed to jail unless the defendant posts
9-19 the appeal bond.
9-20 (b) The appeal bond must be in the amount of $50 or double
9-21 the amount of the fine and costs adjudged against the defendant,
9-22 whichever is greater. The bond must:
9-23 (1) state that the defendant was convicted in the case
9-24 and has appealed;
9-25 (2) be payable to the state for the use and benefit of
10-1 the city; and
10-2 (3) be conditioned on the defendant's appearance in
10-3 the court to which the appeal is taken.
10-4 (c) The record on appeal consists of a transcript and, if
10-5 necessary to the appeal, a statement of facts. The court reporter
10-6 shall prepare the record from the reporter's record or mechanical,
10-7 audiotape, or videotape recordings of the proceedings. The
10-8 appellant shall pay for the cost of the transcription and statement
10-9 of facts. If the case is reversed on appeal, the court shall
10-10 promptly refund the cost to the appellant. If the court finds that
10-11 the defendant is unable to pay or give security for the record on
10-12 appeal after a hearing in response to an affidavit by the
10-13 defendant, the court shall order the reporter to prepare the record
10-14 without charge to the defendant.
10-15 Sec. 30.01336. TRANSCRIPT. (a) On the written request of
10-16 the appellant or appellant's attorney, the municipal court clerk
10-17 shall prepare, under the clerk's hand and seal of the court, a
10-18 transcript of the municipal court of record proceedings, after
10-19 payment of the transcript preparation fee. The clerk shall prepare
10-20 the transcript under written instructions from the defendant or
10-21 defendant's attorney.
10-22 (b) Unless otherwise agreed by the parties in writing, the
10-23 transcript must include a copy of:
10-24 (1) the complaint;
10-25 (2) court orders on any motions or exceptions;
11-1 (3) the judgment;
11-2 (4) the verdict of the jury;
11-3 (5) any findings of fact or conclusions of law made by
11-4 the court;
11-5 (6) the motion for new trial and the order of the
11-6 court on the motion;
11-7 (7) the notice of appeal;
11-8 (8) any statement of the parties regarding material to
11-9 be included in the record;
11-10 (9) the appeal bond; and
11-11 (10) any signed paper designated as material by either
11-12 party.
11-13 (c) The appellant or appellant's attorney shall file a copy
11-14 of the written instructions with the clerk and shall deliver a copy
11-15 to the appellee.
11-16 (d) The appellee shall file a written direction to the clerk
11-17 if additional portions of the trial proceedings in the transcript
11-18 are to be included.
11-19 Sec. 30.01337. BILLS OF EXCEPTION. Either party may include
11-20 bills of exception in the transcript subject to the applicable
11-21 provisions of the Texas Rules of Appellate Procedure. The bills of
11-22 exception must be filed with the municipal court clerk not later
11-23 than the 60th day after the date on which the notice of appeal is
11-24 given or filed.
11-25 Sec. 30.01338. STATEMENT OF FACTS. (a) A statement of
12-1 facts included in the record on appeal must contain:
12-2 (1) a transcript of all or part of the municipal court
12-3 of record proceedings that are shown by the notes of the court
12-4 reporter to have occurred before, during, or after the trial, if
12-5 the transcript is requested by the defendant;
12-6 (2) a brief statement of the facts of the case proven
12-7 at trial as agreed to by the defendant and the prosecuting
12-8 attorney;
12-9 (3) a partial transcript and the agreed statement of
12-10 the facts of the case; or
12-11 (4) a transcript of all or part of the municipal court
12-12 of record proceedings in the case that is prepared from mechanical,
12-13 audiotape, or videotape recordings of the proceedings.
12-14 (b) The court reporter shall transcribe in duplicate any
12-15 portion of the recorded proceedings or the notes of the court
12-16 proceedings in the case at the request of either party or the
12-17 municipal judge. The appellant shall pay for the transcription
12-18 unless the court finds, after hearing in response to an affidavit
12-19 by the defendant, that the defendant is unable to pay or give
12-20 security for the transcription. On certification by the court that
12-21 the court reporter has rendered the service without charge to the
12-22 defendant, the court reporter shall be paid for the services by the
12-23 city.
12-24 Sec. 30.01339. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
12-25 (a) Not later than the 60th day after the date on which the notice
13-1 of appeal is given or filed, the parties must file with the
13-2 municipal court clerk:
13-3 (1) the statement of facts;
13-4 (2) a written description of material to be included
13-5 in the transcript in addition to the required material; and
13-6 (3) any material to be included in the transcript that
13-7 is not in the custody of the clerk.
13-8 (b) On completion of the record, the municipal judge shall
13-9 approve the record in the manner provided for record completion,
13-10 approval, and notification in the court of appeals.
13-11 (c) After the court approves the record, the clerk shall
13-12 promptly send it to the appellate court clerk for filing. The
13-13 appellate court clerk shall notify the defendant and the
13-14 prosecuting attorney that the record has been filed.
13-15 Sec. 30.01340. BRIEF ON APPEAL. (a) An appellant's brief
13-16 on appeal from a municipal court of record must present points of
13-17 error in the manner required by law for a brief on appeal to the
13-18 court of appeals.
13-19 (b) The appellant must file the brief with the appellate
13-20 court clerk not later than the 15th day after the date on which the
13-21 transcript and statement of facts are filed with that clerk. The
13-22 appellant or appellant's attorney must certify that the brief has
13-23 been properly mailed to the appellee.
13-24 (c) The appellee must file the appellee's brief with the
13-25 appellate court clerk not later than the 15th day after the date on
14-1 which the appellant's brief is filed.
14-2 (d) On filing, each party shall deliver a copy of the brief
14-3 to the opposing party and to the municipal judge.
14-4 (e) To avoid unnecessary delay, the record and briefs on
14-5 appeal shall be limited as far as possible to the questions relied
14-6 on for reversal.
14-7 Sec. 30.01341. DISPOSITION ON APPEAL. (a) According to law
14-8 and the nature of the case, the appellate court may:
14-9 (1) affirm the judgment of the municipal court of
14-10 record;
14-11 (2) reverse and remand for a new trial;
14-12 (3) reverse and dismiss the case; or
14-13 (4) reform and correct the judgment.
14-14 (b) Unless the matter was made an issue in the trial court
14-15 or it affirmatively appears to the contrary from the transcript or
14-16 the statement of facts, the appellate court shall presume that:
14-17 (1) venue was proven in the trial court;
14-18 (2) the jury, if any, was properly impaneled and
14-19 sworn;
14-20 (3) the defendant was arraigned and pleaded to the
14-21 complaint; and
14-22 (4) the municipal judge certified the charge and the
14-23 clerk filed the charge before it was read to the jury.
14-24 (c) In each case decided by the appellate court, the court
14-25 shall deliver a written opinion or order either sustaining or
15-1 overruling each assignment of error presented. The court shall
15-2 state the reasons for its decision. The appellate court clerk
15-3 shall mail copies of the decision to the parties and to the
15-4 municipal judge as soon as the decision is rendered.
15-5 Sec. 30.01342. CERTIFICATION OF APPELLATE PROCEEDINGS. When
15-6 the judgment of the appellate court becomes final, the clerk of
15-7 that court shall certify the proceedings and the judgment and shall
15-8 mail the certificate to the municipal court of record. The court
15-9 clerk shall file the certificate with the papers in the case and
15-10 note the certificate on the case docket. If the municipal court of
15-11 record judgment is affirmed, further action to enforce the judgment
15-12 is not necessary except to:
15-13 (1) forfeit the bond of the defendant;
15-14 (2) issue a writ of capias for the defendant; or
15-15 (3) issue an execution against the defendant's
15-16 property.
15-17 Sec. 30.01343. EFFECT OF ORDER OF NEW TRIAL. If the
15-18 appellate court awards a new trial to the defendant, the case
15-19 stands as if a new trial had been granted by the municipal court of
15-20 record.
15-21 Sec. 30.01344. APPEAL TO COURT OF APPEALS. The defendant
15-22 has the right to appeal to the court of appeals if the fine
15-23 assessed against the defendant exceeds $100 and if the judgment is
15-24 affirmed by the appellate court. The provisions of the Code of
15-25 Criminal Procedure relating to direct appeals from a county or a
16-1 district court to the court of appeals apply to the appeal, except
16-2 that:
16-3 (1) the record and briefs on appeal in the appellate
16-4 court constitute the record and briefs on appeal to the court of
16-5 appeals unless the rules of the court of criminal appeals provide
16-6 otherwise; and
16-7 (2) the record and briefs shall be filed directly with
16-8 the court of appeals.
16-9 Sec. 30.01345. SEAL. The governing body of the city shall
16-10 provide each municipal court of record with a seal with a star of
16-11 five points in the center and the words "Municipal Court in
16-12 Lewisville, Texas." The impress of the seal shall be attached to
16-13 all papers, except subpoenas, issued out of the court and shall be
16-14 used by each municipal court judge or the municipal clerk to
16-15 authenticate all official acts of the clerk and the judge.
16-16 SECTION 2. The importance of this legislation and the
16-17 crowded condition of the calendars in both houses create an
16-18 emergency and an imperative public necessity that the
16-19 constitutional rule requiring bills to be read on three several
16-20 days in each house be suspended, and this rule is hereby suspended,
16-21 and that this Act take effect and be in force from and after its
16-22 passage, and it is so enacted.
S.B. No. 400
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 400 passed the Senate on
March 13, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on April 30, 1997, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 400 passed the House, with
amendment, on April 25, 1997, by the following vote: Yeas 145,
Nays 0, three present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor