By: Carona, Shapiro S.B. No. 1063 A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation of municipal courts of record in 1-2 Richardson. 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 KK to read as follows: 1-6 SUBCHAPTER KK. RICHARDSON 1-7 Sec. 30.01401. APPLICATION. This subchapter applies to the 1-8 City of Richardson. 1-9 Sec. 30.01402. 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 must give each court a numerical designation, beginning with 1-17 "Municipal Court No. 1." 1-18 (b) On creation of the initial municipal court of record, 1-19 the governing body of the city shall adopt an ordinance that 1-20 provides for the appointment of a municipal judge by the governing 1-21 body of the city. 1-22 (c) A municipal court of record may not exist concurrently 1-23 with municipal courts that are not courts of record in the city. 2-1 (d) A municipal court of record has no terms and may sit at 2-2 any time for the transaction of business of the court. 2-3 Sec. 30.01403. JURISDICTION. (a) A municipal court of 2-4 record created under this subchapter has jurisdiction within the 2-5 territorial limits of the city in all criminal cases arising under 2-6 the ordinances of the city. 2-7 (b) The court has concurrent jurisdiction with a justice of 2-8 the peace in any precinct in which the city is located in criminal 2-9 cases within the justice court jurisdiction that: 2-10 (1) arise within the territorial limits of the city; 2-11 and 2-12 (2) are punishable by fine only. 2-13 (c) The court has jurisdiction over cases arising outside 2-14 the territorial limits of the city under ordinances authorized by 2-15 Section 215.072, 217.042, 341.903, or 401.002, Local Government 2-16 Code. 2-17 Sec. 30.01404. WRIT POWER. The judge of a municipal court 2-18 of record created under this subchapter may grant writs of 2-19 mandamus, injunction, attachment, and other writs necessary to the 2-20 enforcement of the jurisdiction of the court and may issue writs of 2-21 habeas corpus in cases in which the offense charged is within the 2-22 jurisdiction of the court. 2-23 Sec. 30.01405. APPLICATION OF OTHER LAWS. The general law 2-24 regarding municipal courts of record, the general law regarding 2-25 justice courts on matters not covered by the law regarding 3-1 municipal courts, and any charter provision or ordinance of the 3-2 city relating to the municipal court apply to a municipal court of 3-3 record unless the law, charter provision, or ordinance is in 3-4 conflict or inconsistent with this subchapter. 3-5 Sec. 30.01406. JUDGE. (a) A municipal court of record is 3-6 presided over by a municipal judge. The municipal judge must be a 3-7 licensed attorney in good standing in this state. The judge must 3-8 be a citizen of the United States and a resident of this state. 3-9 (b) If more than one municipal court of record is created, 3-10 judges of each municipal court of record may at any time exchange 3-11 benches and sit and act for each other in any pending case, matter, 3-12 or proceeding. 3-13 (c) A municipal judge is entitled to receive a salary and 3-14 other benefits set by the governing body of the city. The judge's 3-15 salary may not be diminished during the term of office. The salary 3-16 may not be based directly or indirectly on fines, fees, or other 3-17 costs that the municipal judge is required by law to collect during 3-18 a term of office. 3-19 Sec. 30.01407. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL. 3-20 (a) If a vacancy occurs in the office of municipal judge, the 3-21 governing body of the city shall appoint a qualified person to fill 3-22 the office for the remainder of the unexpired term. 3-23 (b) The governing body of the city may appoint persons as 3-24 relief municipal judges, who shall be known as assistant municipal 3-25 judges. An assistant judge must meet the qualifications prescribed 4-1 for the municipal judge. The governing body shall set the 4-2 compensation of the assistant judges. The municipal judge may 4-3 assign an assistant judge to act for a municipal judge who is 4-4 temporarily unable to act for any reason. An assistant judge has 4-5 all the powers and duties of the office while acting for the 4-6 municipal judge. 4-7 (c) A municipal judge or assistant municipal judge may be 4-8 removed from office in the manner prescribed for removal of a 4-9 county court at law judge. 4-10 Sec. 30.01408. CLERK; OTHER PERSONNEL. (a) The city 4-11 manager shall appoint a clerk of the municipal court of record who 4-12 shall be known as the municipal court clerk. 4-13 (b) The clerk or the clerk's deputies shall keep the records 4-14 of the municipal courts of record, issue process, and generally 4-15 perform the duties for the court that a clerk of the county court 4-16 exercising criminal jurisdiction is required by law to perform for 4-17 that court. The clerk shall perform the duties in accordance with 4-18 statutes, the city charter, and city ordinances. 4-19 (c) The clerk, the city manager, or the person designated as 4-20 court administrator by the city manager may hire, direct, and 4-21 remove the personnel authorized in the city's annual budget for the 4-22 clerk's office. 4-23 Sec. 30.01409. COURT REPORTER. (a) The city shall provide 4-24 a court reporter for the purpose of preserving a record in cases 4-25 tried before the municipal court of record. The clerk of the court 5-1 shall appoint the court reporter, who must meet the qualifications 5-2 provided by law for official court reporters. 5-3 (b) The clerk may provide that, instead of providing a court 5-4 reporter at trial, proceedings in a municipal court of record may 5-5 be recorded by a good quality electronic recording device. If the 5-6 recording device is used, the court reporter need not be present at 5-7 trial to record the proceedings. The proceedings that are appealed 5-8 shall be transcribed from the recording by an official court 5-9 reporter. 5-10 (c) The clerk may provide for the use of written notes, 5-11 transcribing equipment, or a combination of those methods to record 5-12 the proceedings of the court. The court reporter shall keep the 5-13 record for a 20-day period beginning the day after the last day of 5-14 the court proceeding, trial, or denial of motion for new trial, 5-15 whichever occurs last. 5-16 (d) No one is required to record testimony in a case unless 5-17 the judge or one of the parties requests a record. A party's 5-18 request for a record must be in writing and must be filed with the 5-19 court before trial. 5-20 (e) The court reporter shall certify the official record. 5-21 Sec. 30.01410. PROSECUTION BY CITY ATTORNEY. All 5-22 prosecutions in the municipal court of record must be conducted by 5-23 the city attorney or an assistant or deputy city attorney. 5-24 Sec. 30.01411. COMPLAINT; PLEADING. (a) A proceeding in a 5-25 municipal court of record commences with the filing of a complaint. 6-1 A complaint must begin "In the name and by authority of the State 6-2 of Texas" and must conclude "Against the peace and dignity of the 6-3 State." 6-4 (b) Complaints must comply with Article 45.17, Code of 6-5 Criminal Procedure. 6-6 (c) Pleadings must be in writing and must be filed with the 6-7 municipal court clerk. 6-8 Sec. 30.01412. JURY. (a) A person brought before the 6-9 municipal court and charged with an offense is entitled to be tried 6-10 by a jury of six persons, unless that right is waived according to 6-11 law. 6-12 (b) A juror for the municipal court must have the 6-13 qualifications required of jurors by law and must be a resident of 6-14 the city. 6-15 (c) A juror is entitled to receive the compensation for each 6-16 day and each fraction of a day in attendance on a municipal court 6-17 of record jury as provided by Chapter 61. 6-18 (d) The municipal court clerk shall establish a fair, 6-19 impartial, and objective juror selection process. 6-20 Sec. 30.01413. COURT RULES. (a) Except as modified by this 6-21 subchapter, the Code of Criminal Procedure as applied to county 6-22 courts at law governs the trial of cases before municipal courts of 6-23 record. 6-24 (b) Bonds must be payable to the state for the use and 6-25 benefit of the city. The court may not assess court costs other 7-1 than warrant fees, capias fees, and other fees authorized for 7-2 municipal courts. 7-3 (c) A peace officer may serve a process issued by a 7-4 municipal court of record. 7-5 (d) On conviction, judgment and sentence are in the name of 7-6 the state, and the state recovers from the defendant the fine and 7-7 fees for the use and benefit of the city. The court may require 7-8 that the defendant remain in the custody of the chief of police 7-9 until the fines and costs are paid and shall order that execution 7-10 issue to collect the fines and penalties. 7-11 (e) Fines, fees, costs, and bonds shall be paid to the 7-12 municipal court clerk, who shall deposit them in the city general 7-13 fund. 7-14 Sec. 30.01414. APPEAL. (a) A defendant has the right of 7-15 appeal from a judgment of conviction in a municipal court of record 7-16 as provided by this subchapter. The state has the right to an 7-17 appeal as provided by Article 44.01, Code of Criminal Procedure. 7-18 The county criminal courts of appeal of Dallas County have 7-19 jurisdiction of appeals from the municipal courts of record. 7-20 (b) The appellate court shall determine each appeal from a 7-21 municipal court of record conviction on the basis of the errors 7-22 that are set forth in the defendant's motion for new trial and that 7-23 are presented in the transcript and statement of facts prepared 7-24 from the proceedings leading to the conviction. An appeal from the 7-25 municipal court of record may not be by trial de novo. 8-1 (c) To perfect an appeal, the defendant must file a motion 8-2 for new trial not later than the 10th day after the date on which 8-3 the judgment and sentence are rendered. The motion must be in 8-4 writing and must be filed with the clerk of the municipal court of 8-5 record. The motion constitutes the assignment of error on appeal. 8-6 A ground or an error not set forth in the motion is waived. If the 8-7 court does not act on the motion before the expiration of 30 days 8-8 after it is filed with the clerk, the motion is overruled by 8-9 operation of law. 8-10 (d) After an order overruling a motion for new trial, the 8-11 defendant shall give written notice of appeal and pay the 8-12 transcript preparation fee not later than the 10th day after the 8-13 date on which the motion is overruled. The governing body shall 8-14 set a reasonable transcript preparation fee not to exceed $25. The 8-15 clerk shall note the payment of the fee on the docket of the court. 8-16 If the case is reversed on appeal, the fee shall be refunded to the 8-17 defendant. 8-18 (e) The city attorney or the assistant or deputy city 8-19 attorney shall prosecute all appeals from the municipal courts of 8-20 record. 8-21 Sec. 30.01415. APPEAL BOND; RECORD ON APPEAL. (a) If the 8-22 defendant is not in custody, the defendant may not take an appeal 8-23 until the defendant files an appeal bond with the municipal court 8-24 of record. The bond must be approved by the court and must be 8-25 filed not later than the 10th day after the date on which the 9-1 motion for new trial is overruled. If the defendant is in custody, 9-2 the defendant shall be committed to jail unless the defendant posts 9-3 the appeal bond. 9-4 (b) The appeal bond must be in the amount of $50 or double 9-5 the amount of fines and costs adjudged against the defendant, 9-6 whichever is greater. The bond must be payable to the state for 9-7 the use and benefit of the city and must be conditioned on the 9-8 defendant's immediate and daily personal appearance in the court to 9-9 which the appeal is taken. 9-10 (c) The record on appeal consists of a transcript and, if 9-11 necessary to appeal, a statement of facts. The court reporter 9-12 shall prepare the record from the reporter's record or mechanical 9-13 recordings of the proceedings. The defendant shall pay for the 9-14 cost of the transcription. If the court finds that the defendant 9-15 is unable to pay or give security for the record on appeal after a 9-16 hearing in response to an affidavit by the defendant, the court 9-17 shall order the reporter to prepare the record without charge to 9-18 the defendant. If the case is reversed on appeal, the court shall 9-19 promptly refund the cost to the defendant. 9-20 Sec. 30.01416. TRANSCRIPT. (a) The clerk of the municipal 9-21 court of record shall prepare under his hand and the seal of the 9-22 court a transcript of the proceedings in the municipal court of 9-23 record after payment of the transcript preparation fee under 9-24 Section 30.01414. The clerk shall prepare the transcript under 9-25 written instructions from the defendant or the defendant's 10-1 attorney. Unless otherwise agreed by the parties in writing, the 10-2 transcript must include a copy of: 10-3 (1) the complaint; 10-4 (2) court orders on any motions or exceptions; 10-5 (3) the judgment; 10-6 (4) the verdict of the jury; 10-7 (5) any findings of fact or conclusions of law made by 10-8 the court; 10-9 (6) the motion for new trial and the order of the 10-10 court on the motion; 10-11 (7) the notice of appeal; 10-12 (8) any statement of the parties regarding material to 10-13 be included in the record; 10-14 (9) the appeal bond; and 10-15 (10) any signed paper designated as material by either 10-16 party. 10-17 (b) The defendant or the defendant's attorney shall file a 10-18 copy of the written instructions with the clerk and shall deliver a 10-19 copy to the city attorney. 10-20 (c) The city attorney shall file a written direction to the 10-21 clerk if additional portions of the trial proceedings in the 10-22 transcript are to be included. 10-23 Sec. 30.01417. STATEMENT OF FACTS. (a) A statement of 10-24 facts included in the record on appeal must contain: 10-25 (1) a transcription of all or any part of the 11-1 municipal court of record proceedings in the case as recorded on 11-2 the electronic recording device or shown by the notes of the court 11-3 reporter recorded or taken before, during, or after the trial, if 11-4 the transcription is requested by a party, a party's attorney, or 11-5 the municipal judge; 11-6 (2) a brief statement of the facts of the case proven 11-7 at the trial as agreed to by the defendant or the defendant's 11-8 attorney and the prosecuting attorney; or 11-9 (3) a partial transcription and the agreed statement 11-10 of the facts of the case. 11-11 (b) The court reporter shall transcribe in duplicate any 11-12 portion of the recorded proceedings or the notes of the court 11-13 proceedings in the case at the request of either party or the 11-14 municipal judge. The defendant shall pay for the transcription 11-15 unless the court finds, after hearing in response to an affidavit 11-16 by the defendant, that the defendant is unable to pay or give 11-17 security for the transcription. On certification by the court that 11-18 the court reporter has rendered the service without charge to the 11-19 defendant, the court reporter shall be paid for the services by the 11-20 city. 11-21 Sec. 30.01418. TRANSFER OF RECORD; FEE. The parties must 11-22 file the transcript and the statement of facts with the clerk of 11-23 the municipal court of record not later than the 60th day after the 11-24 date on which the transcript preparation fee was paid. The clerk 11-25 shall promptly forward them to the appellate court clerk. 12-1 Sec. 30.01419. BRIEF ON APPEAL. (a) The defendant must 12-2 file a brief on appeal with the appellate court clerk not later 12-3 than the 15th day after the date on which the transcript and 12-4 statement of facts are filed with that clerk. 12-5 (b) The city attorney must file the appellee's brief with 12-6 the appellate court clerk not later than the 15th day after the 12-7 date on which the defendant's brief is filed. 12-8 (c) To avoid unnecessary delay, the record and briefs on 12-9 appeal shall be limited as far as possible to the questions relied 12-10 on for reversal. 12-11 (d) On filing, each party shall deliver a copy of the brief 12-12 to the opposing counsel. 12-13 Sec. 30.01420. PROCEDURE; DISPOSITION ON APPEAL. (a) The 12-14 appellate court shall hear appeals from the municipal court of 12-15 record at the earliest possible time with due regard to the rights 12-16 of the parties and the proper administration of justice. The court 12-17 may determine the rules for oral argument. The case may be 12-18 submitted on the record and briefs without oral argument. 12-19 (b) According to the law and the nature of the case, the 12-20 appellate court may: 12-21 (1) affirm the judgment of the municipal court of 12-22 record; 12-23 (2) reverse and remand for a new trial; 12-24 (3) reverse and dismiss the case; or 12-25 (4) reform and correct the judgment. 13-1 (c) Unless the matter was made an issue in the trial court 13-2 or it affirmatively appears to the contrary from the transcript or 13-3 the statement of facts, the appellate court shall presume that: 13-4 (1) venue was proven in the trial court; 13-5 (2) the jury, if any, was properly impaneled and 13-6 sworn; 13-7 (3) the defendant was arraigned and pleaded to the 13-8 complaint; and 13-9 (4) the municipal judge certified the charge and the 13-10 clerk filed the charge before it was read to the jury. 13-11 (d) In each case decided by the appellate court, the court 13-12 shall deliver a written opinion or order either sustaining or 13-13 overruling each assignment of error presented. The court need not 13-14 give a reason for overruling an assignment of error, but it may 13-15 cite the cases on which it relied. If an assignment of error is 13-16 sustained, the court shall set forth the reasons for the decision. 13-17 The appellate court clerk shall mail copies of the decision to the 13-18 parties and to the municipal judge as soon as the decision is 13-19 rendered. 13-20 Sec. 30.01421. CERTIFICATE OF APPELLATE PROCEEDINGS. When 13-21 the judgment of the appellate court becomes final, the clerk of 13-22 that court shall certify the proceedings and the judgment and shall 13-23 mail the certificate to the clerk of the municipal court of record. 13-24 When the clerk of the municipal court of record receives the 13-25 record, the clerk shall file the record with the papers in the case 14-1 and note the filing on the docket of the municipal court of record. 14-2 If the municipal court of record judgment is affirmed, further 14-3 action to enforce the judgment is not necessary except to: 14-4 (1) forfeit the bond of the defendant; 14-5 (2) issue a writ of capias for the defendant; or 14-6 (3) issue an execution against the defendant's 14-7 property. 14-8 Sec. 30.01422. EFFECT OF ORDER OF NEW TRIAL. If the 14-9 appellate court awards a new trial to the defendant, the case 14-10 stands as if a new trial had been granted by the municipal court of 14-11 record. 14-12 Sec. 30.01423. APPEAL TO THE COURT OF APPEALS. An appeal of 14-13 the appellate court decision to the court of appeals is governed by 14-14 the Code of Criminal Procedure, except that the transcript, briefs, 14-15 and statement of facts filed in the appellate court constitute the 14-16 transcript, briefs, and statement of facts on appeal to the court 14-17 of appeals unless the rules of the court of criminal appeals 14-18 provide otherwise. 14-19 SECTION 2. The importance of this legislation and the 14-20 crowded condition of the calendars in both houses create an 14-21 emergency and an imperative public necessity that the 14-22 constitutional rule requiring bills to be read on three several 14-23 days in each house be suspended, and this rule is hereby suspended, 14-24 and that this Act take effect and be in force from and after its 14-25 passage, and it is so enacted.