By: Harris S.B. No. 711
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of municipal courts of record in
1-2 Dalworthington Gardens.
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 JJ to read as follows:
1-6 SUBCHAPTER JJ: DALWORTHINGTON GARDENS
1-7 Sec. 30.01371. APPLICATION. This subchapter applies to the
1-8 City of Dalworthington Gardens.
1-9 Sec. 30.01372. 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) A municipal court of record may not exist concurrently
1-19 with municipal courts that are not courts of record in the city.
1-20 (c) A municipal court of record has no terms and may sit at
1-21 any time for the transaction of the business of the court.
1-22 Sec. 30.01373. APPLICATION OF OTHER LAWS. The general law
1-23 regarding municipal courts, the general law regarding justice
2-1 courts on matters not covered by the law regarding municipal
2-2 courts, and any charter provision or ordinance of the city relating
2-3 to the municipal court apply to a municipal court of record unless
2-4 the law, charter provision, or ordinance is in conflict or
2-5 inconsistent with this subchapter.
2-6 Sec. 30.01374. JUDGE. (a) A municipal court of record is
2-7 presided over by a municipal judge.
2-8 (b) If there is more than one municipal judge in the city,
2-9 the governing body of the city shall appoint one of the judges to
2-10 be the chief judge.
2-11 (c) A municipal judge, including the chief judge, is
2-12 appointed by the governing body of the city for a term of two
2-13 years.
2-14 (d) A municipal judge must be a licensed attorney in good
2-15 standing in this state and must have two or more years of
2-16 experience in the practice of law in this state. The judge must be
2-17 a citizen of the United States and of this state. The judge shall
2-18 devote as much time to the office as it requires.
2-19 (e) If there is more than one municipal court of record in
2-20 the city, the judges may exchange benches and may sit and act for
2-21 each other in any proceeding pending in the courts. An act
2-22 performed by any of the judges is binding on all parties to the
2-23 proceeding.
2-24 (f) A municipal judge is entitled to a salary from the city,
2-25 the amount of which is determined by the governing body of the city
3-1 and may not be diminished during the judge's term of office. The
3-2 salary may not be based directly or indirectly on fines, fees, or
3-3 costs collected by the court.
3-4 (g) A municipal judge may be removed from office by the
3-5 governing body of the city at any time for incompetency,
3-6 misconduct, malfeasance, or disability.
3-7 (h) A municipal judge shall take judicial notice of the city
3-8 ordinances and the corporate limits of the city in a case tried
3-9 before a municipal court of record. A municipal judge may grant
3-10 writs of mandamus, injunction, and attachment and other writs
3-11 necessary to the enforcement of the jurisdiction of the court and
3-12 may issue writs of habeas corpus in cases in which the offense
3-13 charged is within the jurisdiction of the court.
3-14 (i) The governing body of the city shall appoint a qualified
3-15 person to fill a vacancy in the office of municipal judge.
3-16 (j) The governing body may appoint one or more qualified
3-17 persons to be available to serve for a municipal judge who is
3-18 temporarily absent due to illness, family death, or continuing
3-19 legal or judicial education programs or for any other reason. The
3-20 chief judge, or the municipal judge if there is no chief judge,
3-21 shall select one of the persons appointed by the governing body to
3-22 serve during an absence. An alternate judge, while serving, has
3-23 all the powers and shall discharge all the duties of a municipal
3-24 judge. An alternate judge must have the same qualifications as a
3-25 municipal judge.
4-1 Sec. 30.01375. CLERK; OTHER PERSONNEL. The city secretary
4-2 shall be, ex officio, the clerk of the municipal court of record
4-3 and may hire, direct, and remove the personnel authorized in the
4-4 city's annual budget for the clerk's office. The clerk or the
4-5 clerk's deputies shall keep the records of the municipal courts of
4-6 record, issue process, and generally perform the duties for the
4-7 courts that a clerk of the county court exercising criminal
4-8 jurisdiction is required by law to perform for that court. The
4-9 clerk shall perform the duties in accordance with statutes, the
4-10 city charter, and city ordinances.
4-11 Sec. 30.01376. COURT REPORTER. (a) The city shall provide
4-12 a court reporter for the purpose of preserving a record in cases
4-13 tried before the municipal court of record. The clerk of the court
4-14 shall appoint the court reporter, who must meet the qualifications
4-15 provided by law for official court reporters. The reporter shall
4-16 be compensated by the city in the manner determined by the
4-17 governing body of the city.
4-18 (b) The court reporter may use written notes, transcribing
4-19 equipment, video or audio recording equipment, or a combination of
4-20 those methods to record the proceedings of the court. The court
4-21 reporter shall keep the record for the 20-day period beginning the
4-22 date after the last day of the court proceeding, trial, or denial
4-23 of motion for new trial, whichever occurs last.
4-24 (c) The court reporter is not required to record testimony
4-25 in a case unless the judge or one of the parties requests a record.
5-1 A party's request for a record must be in writing and be filed with
5-2 the court before trial.
5-3 (d) The governing body may provide that, in lieu of
5-4 providing a court reporter at trial, proceedings in a municipal
5-5 court of record may be recorded by a good quality electronic
5-6 recording device. If the governing body authorizes the electronic
5-7 recording, the court reporter need not be present at trial to
5-8 certify the statement of facts. The recording shall be kept and
5-9 stored for the 20-day period beginning the day after the last day
5-10 of the proceeding, trial, or denial of motion for new trial,
5-11 whichever occurs last. The proceedings that are appealed shall be
5-12 transcribed from the recording by an official court reporter.
5-13 Sec. 30.01377. PROSECUTIONS BY CITY ATTORNEY. All
5-14 prosecutions in the municipal court of record must be conducted by
5-15 the city attorney or an assistant or deputy city attorney.
5-16 Sec. 30.01378. JURY. (a) A person who is brought before a
5-17 municipal court of record and who is charged with an offense is
5-18 entitled to be tried by a jury of six persons unless that right is
5-19 waived according to law. The jury shall decide all questions of
5-20 fact or credibility of witnesses. The court shall determine all
5-21 matters of law and shall charge the jury on the law.
5-22 (b) A juror who serves in the municipal courts of record
5-23 must meet the qualifications provided by Chapter 62.
5-24 Sec. 30.01379. APPEAL. (a) A defendant has the right of
5-25 appeal from a judgment or conviction in a municipal court of record
6-1 as provided in this subchapter. The county criminal courts of
6-2 Tarrant County have jurisdiction over an appeal. The state has no
6-3 right to an appeal or to a new trial.
6-4 (b) The appellate court shall determine each appeal from a
6-5 municipal court of record conviction on the basis of the errors
6-6 that are set forth in the defendant's motion for new trial and that
6-7 are presented in the transcript and statement of facts prepared
6-8 from the proceedings leading to the conviction. An appeal from the
6-9 municipal court of record may not be by trial de novo.
6-10 (c) To perfect an appeal, the defendant must file with the
6-11 municipal court clerk a written motion for new trial not later than
6-12 the 10th day after the date on which judgment is rendered. The
6-13 motion must set forth the points of error of which the defendant
6-14 complains. The motion or an amended motion may be amended by leave
6-15 of court at any time before action on the motion is taken, but not
6-16 later than the 20th day after the date on which the original or
6-17 amended motion is filed. The court may for good cause extend the
6-18 time for filing or amending but the extension may not exceed 90
6-19 days from the original filing deadline. If the court does not act
6-20 on the motion before the expiration of the 30 days allowed for
6-21 determination of the motion, the original or amended motion is
6-22 overruled by operation of law.
6-23 (d) To perfect an appeal, the defendant must also give
6-24 notice of the appeal. If the defendant requests a hearing on the
6-25 motion for new trial, the defendant may give the notice of appeal
7-1 orally in open court on the overruling of the motion. If there is
7-2 no hearing, the defendant must give written notice of appeal and
7-3 must file the notice with the court not later than the 10th day
7-4 after the date on which the motion is overruled. The court may for
7-5 good cause extend that time period, but the extension may not
7-6 exceed 90 days from the original filing deadline.
7-7 Sec. 30.01380. APPEAL BOND. (a) If the defendant is not in
7-8 custody, the defendant may not take an appeal until the defendant
7-9 files an appeal bond with the municipal court of record. The bond
7-10 must be approved by the court and must be filed not later than the
7-11 10th day after the date on which the motion for new trial is
7-12 overruled. If the defendant is in custody, the defendant shall be
7-13 committed to jail unless the defendant posts the appeal bond.
7-14 (b) The appeal bond must be in the amount of $50 or double
7-15 the amount of the fine and costs adjudged against the defendant,
7-16 whichever is greater. The bond must state that the defendant was
7-17 convicted in the case and has appealed, must be payable to the
7-18 state for the use and benefit of the city, and must be conditioned
7-19 on the defendant's appearance in the court to which the appeal is
7-20 taken.
7-21 Sec. 30.01381. RECORD ON APPEAL. The record on appeal
7-22 consists of a transcript and, if necessary to the appeal, a
7-23 statement of facts. The court reporter shall prepare the record
7-24 from the reporter's record or mechanical or videotape recordings of
7-25 the proceedings. The defendant shall pay for the cost of the
8-1 transcription. If the court finds that the defendant is unable to
8-2 pay or give security for the record on appeal after a hearing in
8-3 response to an affidavit by the defendant, the court shall order
8-4 the reporter to prepare the record without charge to the defendant.
8-5 If the case is reversed on appeal, the court shall promptly refund
8-6 the cost to the defendant.
8-7 Sec. 30.01382. TRANSCRIPT. (a) On the written request of
8-8 the defendant or the defendant's attorney, the municipal court
8-9 clerk shall prepare under the clerk's hand and seal a transcript of
8-10 the municipal court of record proceedings. The transcript must
8-11 include copies of:
8-12 (1) the complaint;
8-13 (2) material docket entries made by the court;
8-14 (3) the jury charge and verdict in a jury trial;
8-15 (4) the judgment;
8-16 (5) the motion for new trial;
8-17 (6) the notice of appeal;
8-18 (7) written motions and pleas;
8-19 (8) written orders of the court;
8-20 (9) any bills of exception filed with the court;
8-21 (10) the appeal bond; and
8-22 (11) exhibits admitted into evidence.
8-23 (b) The clerk may include in the transcript additional
8-24 portions of the proceedings in the court prepared from mechanical
8-25 or videotape recordings.
9-1 Sec. 30.01383. BILLS OF EXCEPTION. Either party may include
9-2 bills of exception in the transcript subject to the applicable
9-3 provisions of the Texas Rules of Appellate Procedure. The bills of
9-4 exception must be filed with the municipal court clerk not later
9-5 than the 60th day after the date on which the notice of appeal is
9-6 given or filed.
9-7 Sec. 30.01384. STATEMENTS OF FACTS. A statement of facts
9-8 included in the record on appeal must contain:
9-9 (1) a transcript of all or part of the municipal court
9-10 of record proceedings that are shown by the notes of the court
9-11 reporter to have occurred before, during, or after the trial, if
9-12 the transcript is requested by the defendant;
9-13 (2) a brief statement of the facts of the case proven
9-14 at trial as agreed to by the defendant and the prosecuting
9-15 attorney;
9-16 (3) a partial transcript and the agreed statement of
9-17 the facts of the case; or
9-18 (4) a transcript of all or part of the municipal court
9-19 of record proceedings in the case that is prepared from mechanical
9-20 or videotape recordings of the proceedings.
9-21 Sec. 30.01385. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
9-22 (a) Not later than the 60th day after the date on which the notice
9-23 of appeal is given or filed, the parties must file with the
9-24 municipal court clerk:
9-25 (1) the statement of facts;
10-1 (2) a written description of material to be included
10-2 in the transcript in addition to the required material; and
10-3 (3) any material to be included in the transcript that
10-4 is not in the custody of the clerk.
10-5 (b) On completion of the record, the municipal judge shall
10-6 approve the record in the manner provided for record completion,
10-7 approval, and notification in the court of appeals.
10-8 (c) After the court approves the record, the clerk shall
10-9 promptly send it to the appellate court clerk for filing. The
10-10 appellate court clerk shall notify the defendant and the
10-11 prosecuting attorney that the record has been filed.
10-12 Sec. 30.01386. BRIEF ON APPEAL. (a) A defendant's brief on
10-13 appeal from a municipal court of record must present points of
10-14 error in the manner required by law for a brief on appeal to the
10-15 court of appeals.
10-16 (b) The defendant must file the brief with the appellate
10-17 court clerk not later than the 15th day after the date on which the
10-18 transcript and statement of facts are filed with that clerk. The
10-19 defendant or the defendant's attorney must certify that the brief
10-20 has been properly mailed to the prosecuting attorney.
10-21 (c) The prosecuting attorney must file the appellee's brief
10-22 with the appellate court clerk not later than the 15th day after
10-23 the date on which the defendant's brief is filed.
10-24 (d) On filing, each party shall deliver a copy of the brief
10-25 to the opposing party and to the municipal judge.
11-1 Sec. 30.01387. COURT RULES. (a) Except as modified by this
11-2 subchapter, the Code of Criminal Procedure governs the trial of
11-3 cases before the municipal court of record. The court may make and
11-4 enforce all rules of practice and procedure necessary to expedite
11-5 the trial of cases before the court that are not inconsistent with
11-6 general law.
11-7 (b) The appellate courts may make and enforce all rules of
11-8 practice and procedure that are not inconsistent with general law
11-9 and that are necessary to expedite the dispatch of appeals from the
11-10 municipal court of record.
11-11 Sec. 30.01388. DISPOSITION ON APPEAL. (a) According to law
11-12 and the nature of the case, the appellate court may:
11-13 (1) affirm the judgment of the municipal court of
11-14 record;
11-15 (2) reverse and remand for a new trial;
11-16 (3) reverse and dismiss the case; or
11-17 (4) reform and correct the judgment.
11-18 (b) Unless the matter was made an issue in the trial court
11-19 or it affirmatively appears to the contrary from the transcript or
11-20 the statement of facts, the appellate court shall presume that:
11-21 (1) venue was proven in the trial court;
11-22 (2) the jury, if any, was properly impaneled and
11-23 sworn;
11-24 (3) the defendant was arraigned and pleaded to the
11-25 complaint; and
12-1 (4) the municipal judge certified the charge before it
12-2 was read to the jury.
12-3 (c) In each case decided by the appellate court, the court
12-4 shall deliver a written opinion or order either sustaining or
12-5 overruling each assignment of error presented. The court shall set
12-6 forth the reasons for its decision. The appellate court clerk
12-7 shall mail copies of the decision to the parties and to the
12-8 municipal judge as soon as the decision is rendered.
12-9 Sec. 30.01389. CERTIFICATE OF APPELLATE PROCEEDINGS. When
12-10 the judgment of the appellate court becomes final, the clerk of
12-11 that court shall certify the proceedings and the judgment and shall
12-12 mail the certificate to the municipal court. The court clerk shall
12-13 file the certificate with the papers in the case and note the
12-14 certificate on the case docket. If the municipal court of record
12-15 judgment is affirmed, further action to enforce the judgment is not
12-16 necessary except to:
12-17 (1) forfeit the bond of the defendant;
12-18 (2) issue a writ of capias for the defendant; or
12-19 (3) issue an execution against the defendant's
12-20 property.
12-21 Sec. 30.01390. EFFECT OF ORDER ON NEW TRIAL. If the
12-22 appellate court awards a new trial to the defendant, the case
12-23 stands as if a new trial had been granted by the municipal court of
12-24 record.
12-25 Sec. 30.01391. APPEAL TO COURT OF APPEALS. The defendant
13-1 has the right to appeal to the court of appeals if the fine
13-2 assessed against the defendant exceeds $100 and if the judgment is
13-3 affirmed by the appellate court. The provisions of the Code of
13-4 Criminal Procedure relating to direct appeals from a county or a
13-5 district court to the court of appeals apply to the appeal, except
13-6 that:
13-7 (1) the record and briefs on appeal in the appellate
13-8 court constitute the record and briefs on appeal to the court of
13-9 appeals unless the rules of the court of criminal appeals provide
13-10 otherwise; and
13-11 (2) the record and briefs shall be filed directly with
13-12 the court of appeals.
13-13 SECTION 2. The importance of this legislation and the
13-14 crowded condition of the calendars in both houses create an
13-15 emergency and an imperative public necessity that the
13-16 constitutional rule requiring bills to be read on three several
13-17 days in each house be suspended, and this rule is hereby suspended,
13-18 and that this Act take effect and be in force from and after its
13-19 passage, and it is so enacted.