By Nelson S.B. No. 400
Substitute the following for S.B. No. 400:
By Luna C.S.S.B. No. 400
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record in the City
1-3 of Lewisville.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 30, Government Code, is amended by adding
1-6 Subchapter II to read as follows:
1-7 SUBCHAPTER II. LEWISVILLE
1-8 Sec. 30.01321. APPLICATION. This subchapter applies to the
1-9 City of Lewisville.
1-10 Sec. 30.01322. CREATION. (a) The governing body of the
1-11 city may by ordinance create a municipal court of record if it
1-12 determines that the formation of the court is necessary to provide
1-13 a more efficient disposition of cases arising in the city. The
1-14 governing body may by ordinance determine the number of municipal
1-15 courts of record that are required to dispose of the cases and may
1-16 establish as many as are needed. The ordinance establishing the
1-17 courts shall give each court a numerical designation, beginning
1-18 with "Municipal Court of Record No. 1."
1-19 (b) On creation of the initial municipal court of record,
1-20 the governing body of the city shall determine the method of
1-21 selecting the judge of a municipal court of record by:
1-22 (1) adopting an ordinance that provides for the
1-23 appointment of a municipal judge by the governing body of the city;
1-24 (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
2-26 mandamus, injunction, attachment, and other writs necessary to the
2-27 enforcement of the jurisdiction of the court and may issue writs of
3-1 habeas corpus in cases in which the offense charged is within the
3-2 jurisdiction of the court. A municipal judge may issue
3-3 administrative search warrants.
3-4 Sec. 30.01325. APPLICATION OF OTHER LAWS. The general law
3-5 regarding municipal courts, the general law regarding justice
3-6 courts on matters not covered by the law regarding municipal
3-7 courts, and any charter provision or ordinance of the city relating
3-8 to the municipal court apply to a municipal court of record unless
3-9 the law, charter provision, or ordinance is in conflict or
3-10 inconsistent with this subchapter.
3-11 Sec. 30.01326. JUDGE. (a) A municipal court of record is
3-12 presided over by a municipal judge.
3-13 (b) If more than one municipal judge is elected or appointed
3-14 in the city, the governing body of the city shall appoint one of
3-15 the judges to be the chief judge.
3-16 (c) A municipal judge, including the chief judge, is
3-17 appointed or elected for a term of two years.
3-18 (d) A municipal judge must be a licensed attorney in good
3-19 standing in this state and must have two or more years of
3-20 experience in the practice of law in this state. The judge must be
3-21 a citizen of the United States and of this state. The judge shall
3-22 devote as much time to the office as it requires.
3-23 (e) If more than one municipal court of record is created,
3-24 the judges may exchange benches and may sit and act for each other
3-25 in any proceeding pending in the courts. An act performed by any
3-26 of the judges is binding on all parties to the proceeding.
3-27 (f) A municipal judge is entitled to receive a salary from
4-1 the city, the amount of which is determined by the governing body
4-2 of the city and may not be diminished during the judge's term of
4-3 office. The salary may not be based directly or indirectly on
4-4 fines, fees, or costs collected by the court.
4-5 Sec. 30.01327. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL.
4-6 (a) If a vacancy occurs in the office of municipal judge, the
4-7 governing body of the city shall appoint a qualified person to fill
4-8 the office for the remainder of the unexpired term.
4-9 (b) The governing body may appoint one or more qualified
4-10 persons to be available to serve for a municipal judge who is
4-11 temporarily absent due to illness, family death, continuing legal
4-12 or judicial education programs, or any other reason. The chief
4-13 judge, or the municipal judge if there is not a chief judge, shall
4-14 select one of the persons appointed by the governing body to serve
4-15 during an absence. An alternate judge, while serving, has all the
4-16 powers and shall discharge all the duties of a municipal judge. An
4-17 alternate judge must have the same qualifications as a municipal
4-18 judge.
4-19 (c) A municipal judge may be removed from office by the
4-20 governing body of the city at any time for incompetency,
4-21 misconduct, malfeasance, or disability.
4-22 Sec. 30.01328. CLERK; OTHER PERSONNEL. (a) The city
4-23 manager of the city shall appoint a clerk of the municipal court of
4-24 record who shall be known as the "Lewisville Municipal Court
4-25 Clerk."
4-26 (b) The clerk may hire, direct, and remove the personnel
4-27 authorized in the city's annual budget for the clerk's office.
5-1 (c) The clerk or the clerk's deputies shall keep the records
5-2 of the municipal courts of record, issue process, and generally
5-3 perform the duties for the courts that a clerk of the county court
5-4 exercising criminal jurisdiction is required by law to perform for
5-5 that court. The clerk shall perform the duties in accordance with
5-6 statutes, the city charter, and city ordinances.
5-7 Sec. 30.01329. COURT REPORTER. (a) The city shall provide
5-8 a court reporter for the purpose of preserving a record in cases
5-9 tried before the municipal court of record. The clerk of the court
5-10 shall appoint the court reporter, who must meet the qualifications
5-11 provided by law for official court reporters. The reporter shall
5-12 be compensated by the city in the manner determined by the
5-13 governing body of the city.
5-14 (b) The court reporter may use written notes, transcribing
5-15 equipment, video or audio recording equipment, or a combination of
5-16 those methods to record the proceedings of the court.
5-17 (c) The court reporter is not required to record testimony
5-18 in a case unless the judge or one of the parties requests a record.
5-19 A party's request for a record must be in writing and be filed with
5-20 the court before trial or any hearing.
5-21 (d) The governing body of the city may provide that, in lieu
5-22 of the city providing a court reporter at trial, proceedings in a
5-23 municipal court of record may be recorded by a good quality
5-24 electronic recording device. If the governing body authorizes the
5-25 electronic recording, the court reporter need not be present at
5-26 trial to record the proceedings or to certify the statement of
5-27 facts. The recording shall be kept and stored for the 20-day
6-1 period beginning the day after the last day of the proceeding,
6-2 trial, or denial of motion for new trial, whichever occurs last.
6-3 The proceedings that are appealed shall be transcribed from the
6-4 recording by an official court reporter, clerk of court, deputy
6-5 clerk of court, or a notary public.
6-6 (e) The court reporter shall certify the official record.
6-7 Sec. 30.01330. PROSECUTIONS BY CITY ATTORNEY. All
6-8 prosecutions in the municipal court of record must be conducted by
6-9 the city attorney or an assistant or deputy city attorney.
6-10 Sec. 30.01331. COMPLAINT; PLEADING. (a) A proceeding in a
6-11 municipal court of record begins with the filing of a complaint. A
6-12 complaint must begin "In the name and by authority of the State of
6-13 Texas" and must conclude "Against the peace and dignity of the
6-14 State." If the offense is only covered by an ordinance, it may
6-15 also conclude "Contrary to said ordinance."
6-16 (b) Complaints must comply with Article 45.17, Code of
6-17 Criminal Procedure.
6-18 (c) Pleadings must be in writing and must be filed with the
6-19 municipal court clerk.
6-20 Sec. 30.01332. JURY. (a) A person who is brought before a
6-21 municipal court of record and who is charged with an offense is
6-22 entitled to be tried by a jury of six persons unless that right is
6-23 waived according to law. The jury shall decide all questions of
6-24 fact or credibility of witnesses. The court shall determine all
6-25 matters of law and shall charge the jury on the law.
6-26 (b) A juror who serves in a municipal court of record must
6-27 have the qualifications required of jurors by law and must be a
7-1 resident of the city.
7-2 (c) A juror is entitled to receive compensation for each day
7-3 and each fraction of a day in attendance on a municipal court of
7-4 record as provided by Chapter 61.
7-5 (d) The municipal court clerk shall establish a fair,
7-6 impartial, and objective juror selection process.
7-7 Sec. 30.01333. COURT RULES. (a) Except as modified by this
7-8 subchapter, the Code of Criminal Procedure as applied to county
7-9 courts at law governs the trial of cases before municipal courts of
7-10 record.
7-11 (b) Bonds must be payable to the state for the use and
7-12 benefit of the city. The court may not assess court costs other
7-13 than warrant fees, capias fees, and other fees authorized for
7-14 municipal courts.
7-15 (c) A peace officer may serve a process issued by a
7-16 municipal court of record.
7-17 (d) Fines, fees, costs, and bonds shall be paid to the
7-18 municipal court clerk, who shall deposit them in the city general
7-19 fund.
7-20 Sec. 30.01334. APPEAL. (a) A defendant has the right of
7-21 appeal from a judgment or conviction in a municipal court of record
7-22 as provided by this subchapter. The state has the right to an
7-23 appeal as provided by Article 44.01, Code of Criminal Procedure.
7-24 The county court of Denton County that has appellate criminal
7-25 jurisdiction shall hear the appeal.
7-26 (b) The appellate court shall determine each appeal from a
7-27 municipal court of record conviction on the basis of the errors
8-1 that are set forth in the defendant's motion for new trial and that
8-2 are presented in the transcript and statement of facts prepared
8-3 from the proceedings leading to the conviction. An appeal from the
8-4 municipal court of record may not be by trial de novo.
8-5 (c) To perfect an appeal, the defendant or state must file
8-6 with the municipal court clerk a written motion for new trial not
8-7 later than the 10th day after the date on which the judgment and
8-8 sentence are rendered. The motion must set forth the points of
8-9 error of which the defendant complains. The motion constitutes the
8-10 assignment of the error in appeal. A ground or an error not set
8-11 forth in the motion is waived. If the court does not act on the
8-12 motion before the expiration of 30 days after the judgment and
8-13 sentence is rendered by the court, the motion is overruled by
8-14 operation of law.
8-15 (d) After an order overruling a motion for new trial, the
8-16 defendant or state shall give written notice of appeal and pay the
8-17 transcript preparation fee not later than the 10th day after the
8-18 date on which the motion is overruled. The governing body shall
8-19 set a reasonable transcript preparation fee. The clerk shall note
8-20 the payment of the fee on the docket of the court. If the case is
8-21 reversed on appeal, the fee shall be refunded to the appellant.
8-22 (e) The city attorney or the assistant or deputy city
8-23 attorney shall prosecute all appeals from the municipal courts of
8-24 record.
8-25 Sec. 30.01335. APPEAL BOND; RECORD ON APPEAL. (a) If the
8-26 defendant is not in custody, the defendant may not take an appeal
8-27 until the defendant files an appeal bond with the municipal court
9-1 of record. The bond must be approved by the court and must be
9-2 filed not later than the 10th day after the date on which the
9-3 motion for new trial is overruled. If the defendant is in custody,
9-4 the defendant shall be committed to jail unless the defendant posts
9-5 the appeal bond.
9-6 (b) The appeal bond must be in the amount of $50 or double
9-7 the amount of the fine and costs adjudged against the defendant,
9-8 whichever is greater. The bond must:
9-9 (1) state that the defendant was convicted in the case
9-10 and has appealed;
9-11 (2) be payable to the state for the use and benefit of
9-12 the city; and
9-13 (3) be conditioned on the defendant's appearance in
9-14 the court to which the appeal is taken.
9-15 (c) The record on appeal consists of a transcript and, if
9-16 necessary to the appeal, a statement of facts. The court reporter
9-17 shall prepare the record from the reporter's record or mechanical,
9-18 audiotape, or videotape recordings of the proceedings. The
9-19 appellant shall pay for the cost of the transcription and statement
9-20 of facts. If the case is reversed on appeal, the court shall
9-21 promptly refund the cost to the appellant. If the court finds that
9-22 the defendant is unable to pay or give security for the record on
9-23 appeal after a hearing in response to an affidavit by the
9-24 defendant, the court shall order the reporter to prepare the record
9-25 without charge to the defendant.
9-26 Sec. 30.01336. TRANSCRIPT. (a) On the written request of
9-27 the appellant or appellant's attorney, the municipal court clerk
10-1 shall prepare, under the clerk's hand and seal of the court, a
10-2 transcript of the municipal court of record proceedings, after
10-3 payment of the transcript preparation fee. The clerk shall prepare
10-4 the transcript under written instructions from the defendant or
10-5 defendant's attorney.
10-6 (b) Unless otherwise agreed by the parties in writing, the
10-7 transcript must include a copy of:
10-8 (1) the complaint;
10-9 (2) court orders on any motions or exceptions;
10-10 (3) the judgment;
10-11 (4) the verdict of the jury;
10-12 (5) any findings of fact or conclusions of law made by
10-13 the court;
10-14 (6) the motion for new trial and the order of the
10-15 court on the motion;
10-16 (7) the notice of appeal;
10-17 (8) any statement of the parties regarding material to
10-18 be included in the record;
10-19 (9) the appeal bond; and
10-20 (10) any signed paper designated as material by either
10-21 party.
10-22 (c) The appellant or appellant's attorney shall file a copy
10-23 of the written instructions with the clerk and shall deliver a copy
10-24 to the appellee.
10-25 (d) The appellee shall file a written direction to the clerk
10-26 if additional portions of the trial proceedings in the transcript
10-27 are to be included.
11-1 Sec. 30.01337. BILLS OF EXCEPTION. Either party may include
11-2 bills of exception in the transcript subject to the applicable
11-3 provisions of the Texas Rules of Appellate Procedure. The bills of
11-4 exception must be filed with the municipal court clerk not later
11-5 than the 60th day after the date on which the notice of appeal is
11-6 given or filed.
11-7 Sec. 30.01338. STATEMENT OF FACTS. (a) A statement of
11-8 facts included in the record on appeal must contain:
11-9 (1) a transcript of all or part of the municipal court
11-10 of record proceedings that are shown by the notes of the court
11-11 reporter to have occurred before, during, or after the trial, if
11-12 the transcript is requested by the defendant;
11-13 (2) a brief statement of the facts of the case proven
11-14 at trial as agreed to by the defendant and the prosecuting
11-15 attorney;
11-16 (3) a partial transcript and the agreed statement of
11-17 the facts of the case; or
11-18 (4) a transcript of all or part of the municipal court
11-19 of record proceedings in the case that is prepared from mechanical,
11-20 audiotape, or videotape recordings of the proceedings.
11-21 (b) The court reporter shall transcribe in duplicate any
11-22 portion of the recorded proceedings or the notes of the court
11-23 proceedings in the case at the request of either party or the
11-24 municipal judge. The appellant shall pay for the transcription
11-25 unless the court finds, after hearing in response to an affidavit
11-26 by the defendant, that the defendant is unable to pay or give
11-27 security for the transcription. On certification by the court that
12-1 the court reporter has rendered the service without charge to the
12-2 defendant, the court reporter shall be paid for the services by the
12-3 city.
12-4 Sec. 30.01339. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
12-5 (a) Not later than the 60th day after the date on which the notice
12-6 of appeal is given or filed, the parties must file with the
12-7 municipal court clerk:
12-8 (1) the statement of facts;
12-9 (2) a written description of material to be included
12-10 in the transcript in addition to the required material; and
12-11 (3) any material to be included in the transcript that
12-12 is not in the custody of the clerk.
12-13 (b) On completion of the record, the municipal judge shall
12-14 approve the record in the manner provided for record completion,
12-15 approval, and notification in the court of appeals.
12-16 (c) After the court approves the record, the clerk shall
12-17 promptly send it to the appellate court clerk for filing. The
12-18 appellate court clerk shall notify the defendant and the
12-19 prosecuting attorney that the record has been filed.
12-20 Sec. 30.01340. BRIEF ON APPEAL. (a) An appellant's brief
12-21 on appeal from a municipal court of record must present points of
12-22 error in the manner required by law for a brief on appeal to the
12-23 court of appeals.
12-24 (b) The appellant must file the brief with the appellate
12-25 court clerk not later than the 15th day after the date on which the
12-26 transcript and statement of facts are filed with that clerk. The
12-27 appellant or appellant's attorney must certify that the brief has
13-1 been properly mailed to the appellee.
13-2 (c) The appellee must file the appellee's brief with the
13-3 appellate court clerk not later than the 15th day after the date on
13-4 which the appellant's brief is filed.
13-5 (d) On filing, each party shall deliver a copy of the brief
13-6 to the opposing party and to the municipal judge.
13-7 (e) To avoid unnecessary delay, the record and briefs on
13-8 appeal shall be limited as far as possible to the questions relied
13-9 on for reversal.
13-10 Sec. 30.01341. DISPOSITION ON APPEAL. (a) According to law
13-11 and the nature of the case, the appellate court may:
13-12 (1) affirm the judgment of the municipal court of
13-13 record;
13-14 (2) reverse and remand for a new trial;
13-15 (3) reverse and dismiss the case; or
13-16 (4) reform and correct the judgment.
13-17 (b) Unless the matter was made an issue in the trial court
13-18 or it affirmatively appears to the contrary from the transcript or
13-19 the statement of facts, the appellate court shall presume that:
13-20 (1) venue was proven in the trial court;
13-21 (2) the jury, if any, was properly impaneled and
13-22 sworn;
13-23 (3) the defendant was arraigned and pleaded to the
13-24 complaint; and
13-25 (4) the municipal judge certified the charge and the
13-26 clerk filed the charge before it was read to the jury.
13-27 (c) In each case decided by the appellate court, the court
14-1 shall deliver a written opinion or order either sustaining or
14-2 overruling each assignment of error presented. The court shall
14-3 state the reasons for its decision. The appellate court clerk
14-4 shall mail copies of the decision to the parties and to the
14-5 municipal judge as soon as the decision is rendered.
14-6 Sec. 30.01342. CERTIFICATION OF APPELLATE PROCEEDINGS. When
14-7 the judgment of the appellate court becomes final, the clerk of
14-8 that court shall certify the proceedings and the judgment and shall
14-9 mail the certificate to the municipal court of record. The court
14-10 clerk shall file the certificate with the papers in the case and
14-11 note the certificate on the case docket. If the municipal court of
14-12 record judgment is affirmed, further action to enforce the judgment
14-13 is not necessary except to:
14-14 (1) forfeit the bond of the defendant;
14-15 (2) issue a writ of capias for the defendant; or
14-16 (3) issue an execution against the defendant's
14-17 property.
14-18 Sec. 30.01343. EFFECT OF ORDER OF NEW TRIAL. If the
14-19 appellate court awards a new trial to the defendant, the case
14-20 stands as if a new trial had been granted by the municipal court of
14-21 record.
14-22 Sec. 30.01344. APPEAL TO COURT OF APPEALS. The defendant
14-23 has the right to appeal to the court of appeals if the fine
14-24 assessed against the defendant exceeds $100 and if the judgment is
14-25 affirmed by the appellate court. The provisions of the Code of
14-26 Criminal Procedure relating to direct appeals from a county or a
14-27 district court to the court of appeals apply to the appeal, except
15-1 that:
15-2 (1) the record and briefs on appeal in the appellate
15-3 court constitute the record and briefs on appeal to the court of
15-4 appeals unless the rules of the court of criminal appeals provide
15-5 otherwise; and
15-6 (2) the record and briefs shall be filed directly with
15-7 the court of appeals.
15-8 Sec. 30.01345. SEAL. The governing body of the city shall
15-9 provide each municipal court of record with a seal with a star of
15-10 five points in the center and the words "Municipal Court in
15-11 Lewisville, Texas." The impress of the seal shall be attached to
15-12 all papers, except subpoenas, issued out of the court and shall be
15-13 used by each municipal court judge or the municipal clerk to
15-14 authenticate all official acts of the clerk and the judge.
15-15 SECTION 2. The importance of this legislation and the
15-16 crowded condition of the calendars in both houses create an
15-17 emergency and an imperative public necessity that the
15-18 constitutional rule requiring bills to be read on three several
15-19 days in each house be suspended, and this rule is hereby suspended,
15-20 and that this Act take effect and be in force from and after its
15-21 passage, and it is so enacted.