1-1           By:  Harris                                      S.B. No. 711

 1-2           (In the Senate - Filed February 24, 1997; February 26, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 18, 1997, reported favorably by the following vote:  Yeas 6,

 1-5     Nays 0; March 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the creation of municipal courts of record in

 1-9     Dalworthington Gardens.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 30, Government Code, is amended by adding

1-12     Subchapter JJ to read as follows:

1-13                   SUBCHAPTER JJ:  DALWORTHINGTON GARDENS

1-14           Sec. 30.01371.  APPLICATION.  This subchapter applies to the

1-15     City of Dalworthington Gardens.

1-16           Sec. 30.01372.  CREATION.  (a)  The governing body of the

1-17     city may by ordinance create a municipal court of record if it

1-18     determines that the formation of the court is necessary to provide

1-19     a more efficient disposition of cases arising in the city.  The

1-20     governing body may by ordinance determine the number of municipal

1-21     courts of record that are required to dispose of the cases and may

1-22     establish as many as are needed.  The ordinance establishing the

1-23     courts shall give each court a numerical designation, beginning

1-24     with "Municipal Court of Record No. 1."

1-25           (b)  A municipal court of record may not exist concurrently

1-26     with municipal courts that are not courts of record in the city.

1-27           (c)  A municipal court of record has no terms and may sit at

1-28     any time for the transaction of the business of the court.

1-29           Sec. 30.01373.  APPLICATION OF OTHER LAWS.  The general law

1-30     regarding municipal courts, the general law regarding justice

1-31     courts on matters not covered by the law regarding municipal

1-32     courts, and any charter provision or ordinance of the city relating

1-33     to the municipal court apply to a municipal court of record unless

1-34     the law, charter provision, or ordinance is in conflict or

1-35     inconsistent with this subchapter.

1-36           Sec. 30.01374.  JUDGE.  (a)  A municipal court of record is

1-37     presided over by a municipal judge.

1-38           (b)  If there is more than one municipal judge in the city,

1-39     the governing body of the city shall appoint one of the judges to

1-40     be the chief judge.

1-41           (c)  A municipal judge, including the chief judge, is

1-42     appointed by the governing body of the city for a term of two

1-43     years.

1-44           (d)  A municipal judge must be a licensed attorney in good

1-45     standing in this state and must have two or more years of

1-46     experience in the practice of law in this state.  The judge must be

1-47     a citizen of the United States and of this state.  The judge shall

1-48     devote as much time to the office as it requires.

1-49           (e)  If there is more than one municipal court of record in

1-50     the city, the judges may exchange benches and may sit and act for

1-51     each other in any proceeding pending in the courts.  An act

1-52     performed by any of the judges is binding on all parties to the

1-53     proceeding.

1-54           (f)  A municipal judge is entitled to a salary from the city,

1-55     the amount of which is determined by the governing body of the city

1-56     and may not be diminished during the judge's term of office.  The

1-57     salary may not be based directly or indirectly on fines, fees, or

1-58     costs collected by the court.

1-59           (g)  A municipal judge may be removed from office by the

1-60     governing body of the city at any time for incompetency,

1-61     misconduct, malfeasance, or disability.

1-62           (h)  A municipal judge shall take judicial notice of the city

1-63     ordinances and the corporate limits of the city in a case tried

1-64     before a municipal court of record.  A municipal judge may grant

 2-1     writs of mandamus, injunction, and attachment and other writs

 2-2     necessary to the enforcement of the jurisdiction of the court and

 2-3     may issue writs of habeas corpus in cases in which the offense

 2-4     charged is within the jurisdiction of the court.

 2-5           (i)  The governing body of the city shall appoint a qualified

 2-6     person to fill a vacancy in the office of municipal judge.

 2-7           (j)  The governing body may appoint one or more qualified

 2-8     persons to be available to serve for a municipal judge who is

 2-9     temporarily absent due to illness, family death, or continuing

2-10     legal or judicial education programs or for any other reason.  The

2-11     chief judge, or the municipal judge if there is no chief judge,

2-12     shall select one of the persons appointed by the governing body to

2-13     serve during an absence.  An alternate judge, while serving, has

2-14     all the powers and shall discharge all the duties of a municipal

2-15     judge.  An alternate judge must have the same qualifications as a

2-16     municipal judge.

2-17           Sec. 30.01375.  CLERK; OTHER PERSONNEL.  The city secretary

2-18     shall be, ex officio, the clerk of the municipal court of record

2-19     and may hire, direct, and remove the personnel authorized in the

2-20     city's annual budget for the clerk's office.  The clerk or the

2-21     clerk's deputies shall keep the records of the municipal courts of

2-22     record, issue process, and generally perform the duties for the

2-23     courts that a clerk of the county court exercising criminal

2-24     jurisdiction is required by law to perform for that court.  The

2-25     clerk shall perform the duties in accordance with statutes, the

2-26     city charter, and city ordinances.

2-27           Sec. 30.01376.  COURT REPORTER.  (a)  The city shall provide

2-28     a court reporter for the purpose of preserving a record in cases

2-29     tried before the municipal court of record.  The clerk of the court

2-30     shall appoint the court reporter, who must meet the qualifications

2-31     provided by law for official court reporters.  The reporter shall

2-32     be compensated by the city in the manner determined by the

2-33     governing body of the city.

2-34           (b)  The court reporter may use written notes, transcribing

2-35     equipment, video or audio recording equipment, or a combination of

2-36     those methods to record the proceedings of the court.  The court

2-37     reporter shall keep the record for the 20-day period beginning the

2-38     date after the last day of the court proceeding, trial, or denial

2-39     of motion for new trial, whichever occurs last.

2-40           (c)  The court reporter is not required to record testimony

2-41     in a case unless the judge or one of the parties requests a record.

2-42     A party's request for a record must be in writing and be filed with

2-43     the court before trial.

2-44           (d)  The governing body may provide that, in lieu of

2-45     providing a court reporter at trial, proceedings in a municipal

2-46     court of record may be recorded by a good quality electronic

2-47     recording device.  If the governing body authorizes the electronic

2-48     recording, the court reporter need not be present at trial to

2-49     certify the statement of facts.  The recording shall be kept and

2-50     stored for the 20-day period beginning the day after the last day

2-51     of the proceeding, trial, or denial of motion for new trial,

2-52     whichever occurs last.  The proceedings that are appealed shall be

2-53     transcribed from the recording by an official court reporter.

2-54           Sec. 30.01377.  PROSECUTIONS BY CITY ATTORNEY.  All

2-55     prosecutions in the municipal court of record must be conducted by

2-56     the city attorney or an assistant or deputy city attorney.

2-57           Sec. 30.01378.  JURY.  (a)  A person who is brought before a

2-58     municipal court of record and who is charged with an offense is

2-59     entitled to be tried by a jury of six persons unless that right is

2-60     waived according to law.  The jury shall decide all questions of

2-61     fact or credibility of witnesses.  The court shall determine all

2-62     matters of law and shall charge the jury on the law.

2-63           (b)  A juror who serves in the municipal courts of record

2-64     must meet the qualifications provided by Chapter 62.

2-65           Sec. 30.01379.  APPEAL.  (a)  A defendant has the right of

2-66     appeal from a judgment or conviction in a municipal court of record

2-67     as provided in this subchapter.  The county criminal courts of

2-68     Tarrant County have jurisdiction over an appeal.  The state has no

2-69     right to an appeal or to a new trial.

 3-1           (b)  The appellate court shall determine each appeal from a

 3-2     municipal court of record conviction on the basis of the errors

 3-3     that are set forth in the defendant's motion for new trial and that

 3-4     are presented in the transcript and statement of facts prepared

 3-5     from the proceedings leading to the conviction.  An appeal from the

 3-6     municipal court of record may not be by trial de novo.

 3-7           (c)  To perfect an appeal, the defendant must file with the

 3-8     municipal court clerk a written motion for new trial not later than

 3-9     the 10th day after the date on which judgment is rendered.  The

3-10     motion must set forth the points of error of which the defendant

3-11     complains.  The motion or an amended motion may be amended by leave

3-12     of court at any time before action on the motion is taken, but not

3-13     later than the 20th day after the date on which the original or

3-14     amended motion is filed.  The court may for good cause extend the

3-15     time for filing or amending but the extension may not exceed 90

3-16     days from the original filing deadline.  If the court does not act

3-17     on the motion before the expiration of the 30 days allowed for

3-18     determination of the motion, the original or amended motion is

3-19     overruled by operation of law.

3-20           (d)  To perfect an appeal, the defendant must also give

3-21     notice of the appeal.  If the defendant requests a hearing on the

3-22     motion for new trial, the defendant may give the notice of appeal

3-23     orally in open court on the overruling of the motion.  If there is

3-24     no hearing, the defendant must give written notice of appeal and

3-25     must file the notice with the court not later than the 10th day

3-26     after the date on which the motion is overruled.  The court may for

3-27     good cause extend that time period, but the extension may not

3-28     exceed 90 days from the original filing deadline.

3-29           Sec. 30.01380.  APPEAL BOND.  (a)  If the defendant is not in

3-30     custody, the defendant may not take an appeal until the defendant

3-31     files an appeal bond with the municipal court of record.  The bond

3-32     must be approved by the court and must be filed not later than the

3-33     10th day after the date on which the motion for new trial is

3-34     overruled.  If the defendant is in custody, the defendant shall be

3-35     committed to jail unless the defendant posts the appeal bond.

3-36           (b)  The appeal bond must be in the amount of $50 or double

3-37     the amount of the fine and costs adjudged against the defendant,

3-38     whichever is greater.  The bond must state that the defendant was

3-39     convicted in the case and has appealed, must be payable to the

3-40     state for the use and benefit of the city, and must be conditioned

3-41     on the defendant's appearance in the court to which the appeal is

3-42     taken.

3-43           Sec. 30.01381.  RECORD ON APPEAL.  The record on appeal

3-44     consists of a transcript and, if necessary to the appeal, a

3-45     statement of facts.  The court reporter shall prepare the record

3-46     from the reporter's record or mechanical or videotape recordings of

3-47     the proceedings.  The defendant shall pay for the cost of the

3-48     transcription.  If the court finds that the defendant is unable to

3-49     pay or give security for the record on appeal after a hearing in

3-50     response to an affidavit by the defendant, the court shall order

3-51     the reporter to prepare the record without charge to the defendant.

3-52     If the case is reversed on appeal, the court shall promptly refund

3-53     the cost to the defendant.

3-54           Sec. 30.01382.  TRANSCRIPT.  (a)  On the written request of

3-55     the defendant or the defendant's attorney, the municipal court

3-56     clerk shall prepare under the clerk's hand and seal a transcript of

3-57     the municipal court of record proceedings.  The transcript must

3-58     include copies of:

3-59                 (1)  the complaint;

3-60                 (2)  material docket entries made by the court;

3-61                 (3)  the jury charge and verdict in a jury trial;

3-62                 (4)  the judgment;

3-63                 (5)  the motion for new trial;

3-64                 (6)  the notice of appeal;

3-65                 (7)  written motions and pleas;

3-66                 (8)  written orders of the court;

3-67                 (9)  any bills of exception filed with the court;

3-68                 (10)  the appeal bond; and

3-69                 (11)  exhibits admitted into evidence.

 4-1           (b)  The clerk may include in the transcript additional

 4-2     portions of the proceedings in the court prepared from mechanical

 4-3     or videotape recordings.

 4-4           Sec. 30.01383.  BILLS OF EXCEPTION.  Either party may include

 4-5     bills of exception in the transcript subject to the applicable

 4-6     provisions of the Texas Rules of Appellate Procedure.  The bills of

 4-7     exception must be filed with the municipal court clerk not later

 4-8     than the 60th day after the date on which the notice of appeal is

 4-9     given or filed.

4-10           Sec. 30.01384.  STATEMENTS OF FACTS.  A statement of facts

4-11     included in the record on appeal must contain:

4-12                 (1)  a transcript of all or part of the municipal court

4-13     of record proceedings that are shown by the notes of the court

4-14     reporter to have occurred before, during, or after the trial, if

4-15     the transcript is requested by the defendant;

4-16                 (2)  a brief statement of the facts of the case proven

4-17     at trial as agreed to by the defendant and the prosecuting

4-18     attorney;

4-19                 (3)  a partial transcript and the agreed statement of

4-20     the facts of the case; or

4-21                 (4)  a transcript of all or part of the municipal court

4-22     of record proceedings in the case that is prepared from mechanical

4-23     or videotape recordings of the proceedings.

4-24           Sec. 30.01385.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.

4-25     (a)  Not later than the 60th day after the date on which the notice

4-26     of appeal is given or filed, the parties must file with the

4-27     municipal court clerk:

4-28                 (1)  the statement of facts;

4-29                 (2)  a written description of material to be included

4-30     in the transcript in addition to the required material; and

4-31                 (3)  any material to be included in the transcript that

4-32     is not in the custody of the clerk.

4-33           (b)  On completion of the record, the municipal judge shall

4-34     approve the record in the manner provided for record completion,

4-35     approval, and notification in the court of appeals.

4-36           (c)  After the court approves the record, the clerk shall

4-37     promptly send it to the appellate court clerk for filing.  The

4-38     appellate court clerk shall notify the defendant and the

4-39     prosecuting attorney that the record has been filed.

4-40           Sec. 30.01386.  BRIEF ON APPEAL.  (a)  A defendant's brief on

4-41     appeal from a municipal court of record must present points of

4-42     error in the manner required by law for a brief on appeal to the

4-43     court of appeals.

4-44           (b)  The defendant must file the brief with the appellate

4-45     court clerk not later than the 15th day after the date on which the

4-46     transcript and statement of facts are filed with that clerk.  The

4-47     defendant or the defendant's attorney must certify that the brief

4-48     has been properly mailed to the prosecuting attorney.

4-49           (c)  The prosecuting attorney must file the appellee's brief

4-50     with the appellate court clerk not later than the 15th day after

4-51     the date on which the defendant's brief is filed.

4-52           (d)  On filing, each party shall deliver a copy of the brief

4-53     to the opposing party and to the municipal judge.

4-54           Sec. 30.01387.  COURT RULES.  (a)  Except as modified by this

4-55     subchapter, the Code of Criminal Procedure governs the trial of

4-56     cases before the municipal court of record.  The court may make and

4-57     enforce all rules of practice and procedure necessary to expedite

4-58     the trial of cases before the court that are not inconsistent with

4-59     general law.

4-60           (b)  The appellate courts may make and enforce all rules of

4-61     practice and procedure that are not inconsistent with general law

4-62     and that are necessary to expedite the dispatch of appeals from the

4-63     municipal court of record.

4-64           Sec. 30.01388.  DISPOSITION ON APPEAL.  (a)  According to law

4-65     and the nature of the case, the appellate court may:

4-66                 (1)  affirm the judgment of the municipal court of

4-67     record;

4-68                 (2)  reverse and remand for a new trial;

4-69                 (3)  reverse and dismiss the case; or

 5-1                 (4)  reform and correct the judgment.

 5-2           (b)  Unless the matter was made an issue in the trial court

 5-3     or it affirmatively appears to the contrary from the transcript or

 5-4     the statement of facts, the appellate court shall presume that:

 5-5                 (1)  venue was proven in the trial court;

 5-6                 (2)  the jury, if any, was properly impaneled and

 5-7     sworn;

 5-8                 (3)  the defendant was arraigned and pleaded to the

 5-9     complaint; and

5-10                 (4)  the municipal judge certified the charge before it

5-11     was read to the jury.

5-12           (c)  In each case decided by the appellate court, the court

5-13     shall deliver a written opinion or order either sustaining or

5-14     overruling each assignment of error presented.  The court shall set

5-15     forth the reasons for its decision.  The appellate court clerk

5-16     shall mail copies of the decision to the parties and to the

5-17     municipal judge as soon as the decision is rendered.

5-18           Sec. 30.01389.  CERTIFICATE OF APPELLATE PROCEEDINGS.  When

5-19     the judgment of the appellate court becomes final, the clerk of

5-20     that court shall certify the proceedings and the judgment and shall

5-21     mail the certificate to the municipal court.  The court clerk shall

5-22     file the certificate with the papers in the case and note the

5-23     certificate on the case docket.  If the municipal court of record

5-24     judgment is affirmed, further action to enforce the judgment is not

5-25     necessary except to:

5-26                 (1)  forfeit the bond of the defendant;

5-27                 (2)  issue a writ of capias for the defendant; or

5-28                 (3)  issue an execution against the defendant's

5-29     property.

5-30           Sec. 30.01390.  EFFECT OF ORDER ON NEW TRIAL.  If the

5-31     appellate court awards a new trial to the defendant, the case

5-32     stands as if a new trial had been granted by the municipal court of

5-33     record.

5-34           Sec. 30.01391.  APPEAL TO COURT OF APPEALS.  The defendant

5-35     has the right to appeal to the court of appeals if the fine

5-36     assessed against the defendant exceeds $100 and if the judgment is

5-37     affirmed by the appellate court.  The provisions of the Code of

5-38     Criminal Procedure relating to direct appeals from a county or a

5-39     district court to the court of appeals apply to the appeal, except

5-40     that:

5-41                 (1)  the record and briefs on appeal in the appellate

5-42     court constitute the record and briefs on appeal to the court of

5-43     appeals unless the rules of the court of criminal appeals provide

5-44     otherwise; and

5-45                 (2)  the record and briefs shall be filed directly with

5-46     the court of appeals.

5-47           SECTION 2.  The importance of this legislation and the

5-48     crowded condition of the calendars in both houses create an

5-49     emergency and an imperative public necessity that the

5-50     constitutional rule requiring bills to be read on three several

5-51     days in each house be suspended, and this rule is hereby suspended,

5-52     and that this Act take effect and be in force from and after its

5-53     passage, and it is so enacted.

5-54                                  * * * * *