By Nelson S.B. No. 400 75R3325 MWV-F 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 must file with the 8-6 municipal court clerk a written motion for new trial not later than 8-7 the 10th day after the date on which the judgment and sentence are 8-8 rendered. The motion must set forth the points of error of which 8-9 the defendant complains. The motion constitutes the assignment of 8-10 the error in appeal. A ground or an error not set forth in the 8-11 motion is waived. If the court does not act on the motion before 8-12 the expiration of 30 days after the judgment and sentence is 8-13 rendered by the court, the motion is overruled by operation of law. 8-14 (d) After an order overruling a motion for new trial, the 8-15 defendant shall give written notice of appeal and pay the 8-16 transcript preparation fee not later than the 10th day after the 8-17 date on which the motion is overruled. The governing body shall 8-18 set a reasonable transcript preparation fee. The clerk shall note 8-19 the payment of the fee on the docket of the court. If the case is 8-20 reversed on appeal, the fee shall be refunded to the defendant. 8-21 (e) The city attorney or the assistant or deputy city 8-22 attorney shall prosecute all appeals from the municipal courts of 8-23 record. 8-24 Sec. 30.01335. APPEAL BOND; RECORD ON APPEAL. (a) If the 8-25 defendant is not in custody, the defendant may not take an appeal 8-26 until the defendant files an appeal bond with the municipal court 8-27 of record. The bond must be approved by the court and must be 9-1 filed not later than the 10th day after the date on which the 9-2 motion for new trial is overruled. If the defendant is in custody, 9-3 the defendant shall be committed to jail unless the defendant posts 9-4 the appeal bond. 9-5 (b) The appeal bond must be in the amount of $50 or double 9-6 the amount of the fine and costs adjudged against the defendant, 9-7 whichever is greater. The bond must: 9-8 (1) state that the defendant was convicted in the case 9-9 and has appealed; 9-10 (2) be payable to the state for the use and benefit of 9-11 the city; and 9-12 (3) be conditioned on the defendant's appearance in 9-13 the court to which the appeal is taken. 9-14 (c) The record on appeal consists of a transcript and, if 9-15 necessary to the appeal, a statement of facts. The court reporter 9-16 shall prepare the record from the reporter's record or mechanical, 9-17 audiotape, or videotape recordings of the proceedings. The 9-18 defendant shall pay for the cost of the transcription and statement 9-19 of facts. If the case is reversed on appeal, the court shall 9-20 promptly refund the cost to the defendant. If the court finds that 9-21 the defendant is unable to pay or give security for the record on 9-22 appeal after a hearing in response to an affidavit by the 9-23 defendant, the court shall order the reporter to prepare the record 9-24 without charge to the defendant. 9-25 Sec. 30.01336. TRANSCRIPT. (a) On the written request of 9-26 the defendant or the defendant's attorney, the municipal court 9-27 clerk shall prepare, under the clerk's hand and seal of the court, 10-1 a transcript of the municipal court of record proceedings, after 10-2 payment of the transcript preparation fee. The clerk shall prepare 10-3 the transcript under written instructions from the defendant or 10-4 defendant's attorney. 10-5 (b) Unless otherwise agreed by the parties in writing, the 10-6 transcript must include a copy of: 10-7 (1) the complaint; 10-8 (2) court orders on any motions or exceptions; 10-9 (3) the judgment; 10-10 (4) the verdict of the jury; 10-11 (5) any findings of fact or conclusions of law made by 10-12 the court; 10-13 (6) the motion for new trial and the order of the 10-14 court on the motion; 10-15 (7) the notice of appeal; 10-16 (8) any statement of the parties regarding material to 10-17 be included in the record; 10-18 (9) the appeal bond; and 10-19 (10) any signed paper designated as material by either 10-20 party. 10-21 (c) The defendant or the defendant's attorney shall file a 10-22 copy of the written instructions with the clerk and shall deliver a 10-23 copy to the city attorney. 10-24 (d) The city attorney shall file a written direction to the 10-25 clerk if additional portions of the trial proceedings in the 10-26 transcript are to be included. 10-27 Sec. 30.01337. BILLS OF EXCEPTION. Either party may include 11-1 bills of exception in the transcript subject to the applicable 11-2 provisions of the Texas Rules of Appellate Procedure. The bills of 11-3 exception must be filed with the municipal court clerk not later 11-4 than the 60th day after the date on which the notice of appeal is 11-5 given or filed. 11-6 Sec. 30.01338. STATEMENT OF FACTS. (a) A statement of 11-7 facts included in the record on appeal must contain: 11-8 (1) a transcript of all or part of the municipal court 11-9 of record proceedings that are shown by the notes of the court 11-10 reporter to have occurred before, during, or after the trial, if 11-11 the transcript is requested by the defendant; 11-12 (2) a brief statement of the facts of the case proven 11-13 at trial as agreed to by the defendant and the prosecuting 11-14 attorney; 11-15 (3) a partial transcript and the agreed statement of 11-16 the facts of the case; or 11-17 (4) a transcript of all or part of the municipal court 11-18 of record proceedings in the case that is prepared from mechanical, 11-19 audiotape, or videotape recordings of the proceedings. 11-20 (b) The court reporter shall transcribe in duplicate any 11-21 portion of the recorded proceedings or the notes of the court 11-22 proceedings in the case at the request of either party or the 11-23 municipal judge. The defendant shall pay for the transcription 11-24 unless the court finds, after hearing in response to an affidavit 11-25 by the defendant, that the defendant is unable to pay or give 11-26 security for the transcription. On certification by the court that 11-27 the court reporter has rendered the service without charge to the 12-1 defendant, the court reporter shall be paid for the services by the 12-2 city. 12-3 Sec. 30.01339. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. 12-4 (a) Not later than the 60th day after the date on which the notice 12-5 of appeal is given or filed, the parties must file with the 12-6 municipal court clerk: 12-7 (1) the statement of facts; 12-8 (2) a written description of material to be included 12-9 in the transcript in addition to the required material; and 12-10 (3) any material to be included in the transcript that 12-11 is not in the custody of the clerk. 12-12 (b) On completion of the record, the municipal judge shall 12-13 approve the record in the manner provided for record completion, 12-14 approval, and notification in the court of appeals. 12-15 (c) After the court approves the record, the clerk shall 12-16 promptly send it to the appellate court clerk for filing. The 12-17 appellate court clerk shall notify the defendant and the 12-18 prosecuting attorney that the record has been filed. 12-19 Sec. 30.01340. BRIEF ON APPEAL. (a) A defendant's brief on 12-20 appeal from a municipal court of record must present points of 12-21 error in the manner required by law for a brief on appeal to the 12-22 court of appeals. 12-23 (b) The defendant must file the brief with the appellate 12-24 court clerk not later than the 15th day after the date on which the 12-25 transcript and statement of facts are filed with that clerk. The 12-26 defendant or the defendant's attorney must certify that the brief 12-27 has been properly mailed to the prosecuting attorney. 13-1 (c) The prosecuting attorney must file the appellate's brief 13-2 with the appellate court clerk not later than the 15th day after 13-3 the date on which the defendant's brief is filed. 13-4 (d) On filing, each party shall deliver a copy of the brief 13-5 to the opposing party and to the municipal judge. 13-6 (e) To avoid unnecessary delay, the record and briefs on 13-7 appeal shall be limited as far as possible to the questions relied 13-8 on for reversal. 13-9 Sec. 30.01341. DISPOSITION ON APPEAL. (a) According to law 13-10 and the nature of the case, the appellate court may: 13-11 (1) affirm the judgment of the municipal court of 13-12 record; 13-13 (2) reverse and remand for a new trial; 13-14 (3) reverse and dismiss the case; or 13-15 (4) reform and correct the judgment. 13-16 (b) Unless the matter was made an issue in the trial court 13-17 or it affirmatively appears to the contrary from the transcript or 13-18 the statement of facts, the appellate court shall presume that: 13-19 (1) venue was proven in the trial court; 13-20 (2) the jury, if any, was properly impaneled and 13-21 sworn; 13-22 (3) the defendant was arraigned and pleaded to the 13-23 complaint; and 13-24 (4) the municipal judge certified the charge and the 13-25 clerk filed the charge before it was read to the jury. 13-26 (c) In each case decided by the appellate court, the court 13-27 shall deliver a written opinion or order either sustaining or 14-1 overruling each assignment of error presented. The court shall 14-2 state the reasons for its decision. The appellate court clerk 14-3 shall mail copies of the decision to the parties and to the 14-4 municipal judge as soon as the decision is rendered. 14-5 Sec. 30.01342. CERTIFICATION OF APPELLATE PROCEEDINGS. When 14-6 the judgment of the appellate court becomes final, the clerk of 14-7 that court shall certify the proceedings and the judgment and shall 14-8 mail the certificate to the municipal court of record. The court 14-9 clerk shall file the certificate with the papers in the case and 14-10 note the certificate on the case docket. If the municipal court of 14-11 record judgment is affirmed, further action to enforce the judgment 14-12 is not necessary except to: 14-13 (1) forfeit the bond of the defendant; 14-14 (2) issue a writ of capias for the defendant; or 14-15 (3) issue an execution against the defendant's 14-16 property. 14-17 Sec. 30.01343. EFFECT OR ORDER OF NEW TRIAL. If the 14-18 appellate court awards a new trial to the defendant, the case 14-19 stands as if a new trial had been granted by the municipal court of 14-20 record. 14-21 Sec. 30.01344. APPEAL TO COURT OF APPEALS. The defendant 14-22 has the right to appeal to the court of appeals if the fine 14-23 assessed against the defendant exceeds $100 and if the judgment is 14-24 affirmed by the appellate court. The provisions of the Code of 14-25 Criminal Procedure relating to direct appeals from a county or a 14-26 district court to the court of appeals apply to the appeal, except 14-27 that: 15-1 (1) the record and briefs on appeal in the appellate 15-2 court constitute the record and briefs on appeal to the court of 15-3 appeals unless the rules of the court of criminal appeals provide 15-4 otherwise; and 15-5 (2) the record and briefs shall be filed directly with 15-6 the court of appeals. 15-7 Sec. 30.01345. SEAL. The governing body of the city shall 15-8 provide each municipal court of record with a seal with a star of 15-9 five points in the center and the words "Municipal Court in 15-10 Lewisville, Texas." The impress of the seal shall be attached to 15-11 all papers, except subpoenas, issued out of the court and shall be 15-12 used by each municipal court judge or the municipal clerk to 15-13 authenticate all official acts of the clerk and the judge. 15-14 SECTION 2. The importance of this legislation and the 15-15 crowded condition of the calendars in both houses create an 15-16 emergency and an imperative public necessity that the 15-17 constitutional rule requiring bills to be read on three several 15-18 days in each house be suspended, and this rule is hereby suspended, 15-19 and that this Act take effect and be in force from and after its 15-20 passage, and it is so enacted.