75R14106 SAW-F
By Carona S.B. No. 1063
Substitute the following for S.B. No. 1063:
By Shields C.S.S.B. No. 1063
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record in
1-3 Richardson.
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 KK to read as follows:
1-7 SUBCHAPTER KK. RICHARDSON
1-8 Sec. 30.01401. APPLICATION. This subchapter applies to the
1-9 City of Richardson.
1-10 Sec. 30.01402. 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 must give each court a numerical designation, beginning with
1-18 "Municipal Court No. 1."
1-19 (b) On creation of the initial municipal court of record,
1-20 the governing body of the city shall adopt an ordinance that
1-21 provides for the appointment of a municipal judge by the governing
1-22 body of the city.
1-23 (c) A municipal court of record may not exist concurrently
1-24 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
2-26 municipal courts, and any charter provision or ordinance of the
2-27 city relating to the municipal court apply to a municipal court of
3-1 record unless the law, charter provision, or ordinance is in
3-2 conflict or inconsistent with this subchapter.
3-3 Sec. 30.01406. JUDGE. (a) A municipal court of record is
3-4 presided over by a municipal judge. The municipal judge must be a
3-5 licensed attorney in good standing in this state. The judge must
3-6 be a citizen of the United States and a resident of this state.
3-7 (b) If more than one municipal court of record is created,
3-8 judges of each municipal court of record may at any time exchange
3-9 benches and sit and act for each other in any pending case, matter,
3-10 or proceeding.
3-11 (c) A municipal judge is entitled to receive a salary and
3-12 other benefits set by the governing body of the city. The judge's
3-13 salary may not be diminished during the term of office. The salary
3-14 may not be based directly or indirectly on fines, fees, or other
3-15 costs that the municipal judge is required by law to collect during
3-16 a term of office.
3-17 Sec. 30.01407. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL.
3-18 (a) If a vacancy occurs in the office of municipal judge, the
3-19 governing body of the city shall appoint a qualified person to fill
3-20 the office for the remainder of the unexpired term.
3-21 (b) The governing body of the city may appoint persons as
3-22 relief municipal judges, who shall be known as assistant municipal
3-23 judges. An assistant judge must meet the qualifications prescribed
3-24 for the municipal judge. The governing body shall set the
3-25 compensation of the assistant judges. The municipal judge may
3-26 assign an assistant judge to act for a municipal judge who is
3-27 temporarily unable to act for any reason. An assistant judge has
4-1 all the powers and duties of the office while acting for the
4-2 municipal judge.
4-3 (c) A municipal judge or assistant municipal judge may be
4-4 removed from office in the manner prescribed for removal of a
4-5 county court at law judge.
4-6 Sec. 30.01408. CLERK; OTHER PERSONNEL. (a) The city
4-7 manager shall appoint a clerk of the municipal court of record who
4-8 shall be known as the municipal court clerk.
4-9 (b) The clerk or the clerk's deputies shall keep the records
4-10 of the municipal courts of record, issue process, and generally
4-11 perform the duties for the court that a clerk of the county court
4-12 exercising criminal jurisdiction is required by law to perform for
4-13 that court. The clerk shall perform the duties in accordance with
4-14 statutes, the city charter, and city ordinances.
4-15 (c) The clerk, the city manager, or the person designated as
4-16 court administrator by the city manager may hire, direct, and
4-17 remove the personnel authorized in the city's annual budget for the
4-18 clerk's office.
4-19 Sec. 30.01409. COURT REPORTER. (a) The city shall provide
4-20 a court reporter for the purpose of preserving a record in cases
4-21 tried before the municipal court of record. The clerk of the court
4-22 shall appoint the court reporter, who must meet the qualifications
4-23 provided by law for official court reporters.
4-24 (b) The clerk may provide that, instead of providing a court
4-25 reporter at trial, proceedings in a municipal court of record may
4-26 be recorded by a good quality electronic recording device. If the
4-27 recording device is used, the court reporter need not be present at
5-1 trial to record the proceedings. The proceedings that are appealed
5-2 shall be transcribed from the recording by an official court
5-3 reporter.
5-4 (c) The clerk may provide for the use of written notes,
5-5 transcribing equipment, or a combination of those methods to record
5-6 the proceedings of the court. The court reporter shall keep the
5-7 record for a 20-day period beginning the day after the last day of
5-8 the court proceeding, trial, or denial of motion for new trial,
5-9 whichever occurs last.
5-10 (d) No one is required to record testimony in a case unless
5-11 the judge or one of the parties requests a record. A party's
5-12 request for a record must be in writing and must be filed with the
5-13 court before trial.
5-14 (e) The court reporter shall certify the official record.
5-15 Sec. 30.01410. PROSECUTION BY CITY ATTORNEY. All
5-16 prosecutions in the municipal court of record must be conducted by
5-17 the city attorney or an assistant or deputy city attorney.
5-18 Sec. 30.01411. COMPLAINT; PLEADING. (a) A proceeding in a
5-19 municipal court of record commences with the filing of a complaint.
5-20 A complaint must begin "In the name and by authority of the State
5-21 of Texas" and must conclude "Against the peace and dignity of the
5-22 State."
5-23 (b) Complaints must comply with Article 45.17, Code of
5-24 Criminal Procedure.
5-25 (c) Pleadings must be in writing and must be filed with the
5-26 municipal court clerk.
5-27 Sec. 30.01412. JURY. (a) A person brought before the
6-1 municipal court and charged with an offense is entitled to be tried
6-2 by a jury of six persons, unless that right is waived according to
6-3 law.
6-4 (b) A juror for the municipal court must have the
6-5 qualifications required of jurors by law and must be a resident of
6-6 the city.
6-7 (c) A juror is entitled to receive the compensation for each
6-8 day and each fraction of a day in attendance on a municipal court
6-9 of record jury as provided by Chapter 61.
6-10 (d) The municipal court clerk shall establish a fair,
6-11 impartial, and objective juror selection process.
6-12 Sec. 30.01413. COURT RULES. (a) Except as modified by this
6-13 subchapter, the Code of Criminal Procedure as applied to county
6-14 courts at law governs the trial of cases before municipal courts of
6-15 record.
6-16 (b) Bonds must be payable to the state for the use and
6-17 benefit of the city. The court may not assess court costs other
6-18 than warrant fees, capias fees, and other fees authorized for
6-19 municipal courts.
6-20 (c) A peace officer may serve a process issued by a
6-21 municipal court of record.
6-22 (d) On conviction, judgment and sentence are in the name of
6-23 the state, and the state recovers from the defendant the fine and
6-24 fees for the use and benefit of the city. The court may require
6-25 that the defendant remain in the custody of the chief of police
6-26 until the fines and costs are paid and shall order that execution
6-27 issue to collect the fines and penalties.
7-1 (e) Fines, fees, costs, and bonds shall be paid to the
7-2 municipal court clerk, who shall deposit them in the city general
7-3 fund.
7-4 Sec. 30.01414. APPEAL. (a) A defendant has the right of
7-5 appeal from a judgment of conviction in a municipal court of record
7-6 as provided by this subchapter. The state has the right to an
7-7 appeal as provided by Article 44.01, Code of Criminal Procedure.
7-8 The county criminal courts of appeal of Dallas County have
7-9 jurisdiction of appeals from the municipal courts of record.
7-10 (b) The appellate court shall determine each appeal from a
7-11 municipal court of record conviction on the basis of the errors
7-12 that are set forth in the appellant's motion and that are presented
7-13 in the transcript and statement of facts prepared from the
7-14 proceedings leading to the conviction. An appeal from the
7-15 municipal court of record may not be by trial de novo.
7-16 (c) To perfect an appeal, the defendant must file a motion
7-17 for new trial not later than the 10th day after the date on which
7-18 the judgment and sentence are rendered. The motion must be in
7-19 writing and must be filed with the clerk of the municipal court of
7-20 record. The motion constitutes the assignment of error on appeal.
7-21 A ground or an error not set forth in the motion is waived. If the
7-22 court does not act on the motion before the expiration of 30 days
7-23 after it is filed with the clerk, the motion is overruled by
7-24 operation of law.
7-25 (d) After an order overruling a motion for new trial, the
7-26 defendant shall give written notice of appeal and pay the
7-27 transcript preparation fee not later than the 10th day after the
8-1 date on which the motion is overruled. The governing body shall
8-2 set a reasonable transcript preparation fee not to exceed $25. The
8-3 clerk shall note the payment of the fee on the docket of the court.
8-4 If the case is reversed on appeal, the fee shall be refunded to the
8-5 defendant.
8-6 (e) The city attorney or the assistant or deputy city
8-7 attorney shall prosecute all appeals from the municipal courts of
8-8 record.
8-9 Sec. 30.01415. APPEAL BOND; RECORD ON APPEAL. (a) If the
8-10 defendant is not in custody, the defendant may not take an appeal
8-11 until the defendant files an appeal bond with the municipal court
8-12 of record. The bond must be approved by the court and must be
8-13 filed not later than the 10th day after the date on which the
8-14 motion for new trial is overruled. If the defendant is in custody,
8-15 the defendant shall be committed to jail unless the defendant posts
8-16 the appeal bond.
8-17 (b) The appeal bond must be in the amount of $50 or double
8-18 the amount of fines and costs adjudged against the defendant,
8-19 whichever is greater. The bond must be payable to the state for
8-20 the use and benefit of the city and must be conditioned on the
8-21 defendant's immediate and daily personal appearance in the court to
8-22 which the appeal is taken.
8-23 (c) The record on appeal consists of a transcript and, if
8-24 necessary to appeal, a statement of facts. The court reporter
8-25 shall prepare the record from the reporter's record or mechanical
8-26 recordings of the proceedings. The appellant shall pay for the
8-27 cost of the transcription. If the appellant is the defendant and
9-1 the court finds that the defendant is unable to pay or give
9-2 security for the record on appeal after a hearing in response to an
9-3 affidavit by the defendant, the court shall order the reporter to
9-4 prepare the record without charge to the defendant. If the
9-5 appellant is the defendant and the case is reversed on appeal, the
9-6 court shall promptly refund the cost to the defendant.
9-7 Sec. 30.01416. TRANSCRIPT. (a) The clerk of the municipal
9-8 court of record shall prepare under his hand and the seal of the
9-9 court a transcript of the proceedings in the municipal court of
9-10 record after payment of the transcript preparation fee under
9-11 Section 30.01414. The clerk shall prepare the transcript under
9-12 written instructions from the appellant or the appellant's
9-13 attorney. Unless otherwise agreed by the parties in writing, the
9-14 transcript must include a copy of:
9-15 (1) the complaint;
9-16 (2) court orders on any motions or exceptions;
9-17 (3) the judgment;
9-18 (4) the verdict of the jury;
9-19 (5) any findings of fact or conclusions of law made by
9-20 the court;
9-21 (6) the motion for new trial and the order of the
9-22 court on the motion;
9-23 (7) the notice of appeal;
9-24 (8) any statement of the parties regarding material to
9-25 be included in the record;
9-26 (9) the appeal bond; and
9-27 (10) any signed paper designated as material by either
10-1 party.
10-2 (b) The appellant or the appellant's attorney shall file a
10-3 copy of the written instructions with the clerk and shall deliver a
10-4 copy to the appellee.
10-5 (c) The appellee shall file a written direction to the clerk
10-6 if additional portions of the trial proceedings in the transcript
10-7 are to be included.
10-8 Sec. 30.01417. STATEMENT OF FACTS. (a) A statement of
10-9 facts included in the record on appeal must contain:
10-10 (1) a transcription of all or any part of the
10-11 municipal court of record proceedings in the case as recorded on
10-12 the electronic recording device or shown by the notes of the court
10-13 reporter recorded or taken before, during, or after the trial, if
10-14 the transcription is requested by a party, a party's attorney, or
10-15 the municipal judge;
10-16 (2) a brief statement of the facts of the case proven
10-17 at the trial as agreed to by the defendant or the defendant's
10-18 attorney and the prosecuting attorney; or
10-19 (3) a partial transcription and the agreed statement
10-20 of the facts of the case.
10-21 (b) The court reporter shall transcribe in duplicate any
10-22 portion of the recorded proceedings or the notes of the court
10-23 proceedings in the case at the request of either party or the
10-24 municipal judge. The appellant shall pay for the transcription
10-25 unless the appellant is the defendant and the court finds, after
10-26 hearing in response to an affidavit by the defendant, that the
10-27 defendant is unable to pay or give security for the transcription.
11-1 On certification by the court that the court reporter has rendered
11-2 the service without charge to the defendant, the court reporter
11-3 shall be paid for the services by the city.
11-4 Sec. 30.01418. TRANSFER OF RECORD; FEE. The parties must
11-5 file the transcript and the statement of facts with the clerk of
11-6 the municipal court of record not later than the 60th day after the
11-7 date on which the transcript preparation fee was paid. The clerk
11-8 shall promptly forward them to the appellate court clerk.
11-9 Sec. 30.01419. BRIEF ON APPEAL. (a) The appellant must
11-10 file a brief on appeal with the appellate court clerk not later
11-11 than the 15th day after the date on which the transcript and
11-12 statement of facts are filed with that clerk.
11-13 (b) The appellee must file the appellee's brief with the
11-14 appellate court clerk not later than the 15th day after the date on
11-15 which the appellant's brief is filed.
11-16 (c) To avoid unnecessary delay, the record and briefs on
11-17 appeal shall be limited as far as possible to the questions relied
11-18 on for reversal.
11-19 (d) On filing, each party shall deliver a copy of the brief
11-20 to the opposing counsel.
11-21 Sec. 30.01420. PROCEDURE; DISPOSITION ON APPEAL. (a) The
11-22 appellate court shall hear appeals from the municipal court of
11-23 record at the earliest possible time with due regard to the rights
11-24 of the parties and the proper administration of justice. The court
11-25 may determine the rules for oral argument. The case may be
11-26 submitted on the record and briefs without oral argument.
11-27 (b) According to the law and the nature of the case, the
12-1 appellate court may:
12-2 (1) affirm the judgment of the municipal court of
12-3 record;
12-4 (2) reverse and remand for a new trial;
12-5 (3) reverse and dismiss the case; or
12-6 (4) reform and correct the judgment.
12-7 (c) Unless the matter was made an issue in the trial court
12-8 or it affirmatively appears to the contrary from the transcript or
12-9 the statement of facts, the appellate court shall presume that:
12-10 (1) venue was proven in the trial court;
12-11 (2) the jury, if any, was properly impaneled and
12-12 sworn;
12-13 (3) the defendant was arraigned and pleaded to the
12-14 complaint; and
12-15 (4) the municipal judge certified the charge and the
12-16 clerk filed the charge before it was read to the jury.
12-17 (d) In each case decided by the appellate court, the court
12-18 shall deliver a written opinion or order either sustaining or
12-19 overruling each assignment of error presented. The court need not
12-20 give a reason for overruling an assignment of error, but it may
12-21 cite the cases on which it relied. If an assignment of error is
12-22 sustained, the court shall set forth the reasons for the decision.
12-23 The appellate court clerk shall mail copies of the decision to the
12-24 parties and to the municipal judge as soon as the decision is
12-25 rendered.
12-26 Sec. 30.01421. CERTIFICATE OF APPELLATE PROCEEDINGS. When
12-27 the judgment of the appellate court becomes final, the clerk of
13-1 that court shall certify the proceedings and the judgment and shall
13-2 mail the certificate to the clerk of the municipal court of record.
13-3 When the clerk of the municipal court of record receives the
13-4 record, the clerk shall file the record with the papers in the case
13-5 and note the filing on the docket of the municipal court of record.
13-6 If the municipal court of record judgment is affirmed, further
13-7 action to enforce the judgment is not necessary except to:
13-8 (1) forfeit the bond of the defendant;
13-9 (2) issue a writ of capias for the defendant; or
13-10 (3) issue an execution against the defendant's
13-11 property.
13-12 Sec. 30.01422. EFFECT OF ORDER OF NEW TRIAL. If the
13-13 appellate court awards a new trial to the defendant, the case
13-14 stands as if a new trial had been granted by the municipal court of
13-15 record.
13-16 Sec. 30.01423. APPEAL TO THE COURT OF APPEALS. An appeal of
13-17 the appellate court decision to the court of appeals is governed by
13-18 the Code of Criminal Procedure, except that the transcript, briefs,
13-19 and statement of facts filed in the appellate court constitute the
13-20 transcript, briefs, and statement of facts on appeal to the court
13-21 of appeals unless the rules of the court of criminal appeals
13-22 provide otherwise.
13-23 SECTION 2. The importance of this legislation and the
13-24 crowded condition of the calendars in both houses create an
13-25 emergency and an imperative public necessity that the
13-26 constitutional rule requiring bills to be read on three several
13-27 days in each house be suspended, and this rule is hereby suspended,
14-1 and that this Act take effect and be in force from and after its
14-2 passage, and it is so enacted.