By Carona S.B. No. 1063 75R5363 MWV-F 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 defendant's motion for new trial and that 7-13 are presented in the transcript and statement of facts prepared 7-14 from the 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 defendant shall pay for the 8-27 cost of the transcription. If the court finds that the defendant 9-1 is unable to pay or give security for the record on appeal after a 9-2 hearing in response to an affidavit by the defendant, the court 9-3 shall order the reporter to prepare the record without charge to 9-4 the defendant. If the case is reversed on appeal, the court shall 9-5 promptly refund the cost to the defendant. 9-6 Sec. 30.01416. TRANSCRIPT. (a) The clerk of the municipal 9-7 court of record shall prepare under his hand and the seal of the 9-8 court a transcript of the proceedings in the municipal court of 9-9 record after payment of the transcript preparation fee under 9-10 Section 30.01414. The clerk shall prepare the transcript under 9-11 written instructions from the defendant or the defendant's 9-12 attorney. Unless otherwise agreed by the parties in writing, the 9-13 transcript must include a copy of: 9-14 (1) the complaint; 9-15 (2) court orders on any motions or exceptions; 9-16 (3) the judgment; 9-17 (4) the verdict of the jury; 9-18 (5) any findings of fact or conclusions of law made by 9-19 the court; 9-20 (6) the motion for new trial and the order of the 9-21 court on the motion; 9-22 (7) the notice of appeal; 9-23 (8) any statement of the parties regarding material to 9-24 be included in the record; 9-25 (9) the appeal bond; and 9-26 (10) any signed paper designated as material by either 9-27 party. 10-1 (b) The defendant or the defendant's attorney shall file a 10-2 copy of the written instructions with the clerk and shall deliver a 10-3 copy to the city attorney. 10-4 (c) The city attorney shall file a written direction to the 10-5 clerk if additional portions of the trial proceedings in the 10-6 transcript are to be included. 10-7 Sec. 30.01417. STATEMENT OF FACTS. (a) A statement of 10-8 facts included in the record on appeal must contain: 10-9 (1) a transcription of all or any part of the 10-10 municipal court of record proceedings in the case as recorded on 10-11 the electronic recording device or shown by the notes of the court 10-12 reporter recorded or taken before, during, or after the trial, if 10-13 the transcription is requested by a party, a party's attorney, or 10-14 the municipal judge; 10-15 (2) a brief statement of the facts of the case proven 10-16 at the trial as agreed to by the defendant or the defendant's 10-17 attorney and the prosecuting attorney; or 10-18 (3) a partial transcription and the agreed statement 10-19 of the facts of the case. 10-20 (b) The court reporter shall transcribe in duplicate any 10-21 portion of the recorded proceedings or the notes of the court 10-22 proceedings in the case at the request of either party or the 10-23 municipal judge. The defendant shall pay for the transcription 10-24 unless the court finds, after hearing in response to an affidavit 10-25 by the defendant, that the defendant is unable to pay or give 10-26 security for the transcription. On certification by the court that 10-27 the court reporter has rendered the service without charge to the 11-1 defendant, the court reporter shall be paid for the services by the 11-2 city. 11-3 Sec. 30.01418. TRANSFER OF RECORD; FEE. The parties must 11-4 file the transcript and the statement of facts with the clerk of 11-5 the municipal court of record not later than the 60th day after the 11-6 date on which the transcript preparation fee was paid. The clerk 11-7 shall promptly forward them to the appellate court clerk. 11-8 Sec. 30.01419. BRIEF ON APPEAL. (a) The defendant must 11-9 file a brief on appeal with the appellate court clerk not later 11-10 than the 15th day after the date on which the transcript and 11-11 statement of facts are filed with that clerk. 11-12 (b) The city attorney must file the appellee's brief with 11-13 the appellate court clerk not later than the 15th day after the 11-14 date on which the defendant's brief is filed. 11-15 (c) To avoid unnecessary delay, the record and briefs on 11-16 appeal shall be limited as far as possible to the questions relied 11-17 on for reversal. 11-18 (d) On filing, each party shall deliver a copy of the brief 11-19 to the opposing counsel. 11-20 Sec. 30.01420. PROCEDURE; DISPOSITION ON APPEAL. (a) The 11-21 appellate court shall hear appeals from the municipal court of 11-22 record at the earliest possible time with due regard to the rights 11-23 of the parties and the proper administration of justice. The court 11-24 may determine the rules for oral argument. The case may be 11-25 submitted on the record and briefs without oral argument. 11-26 (b) According to the law and the nature of the case, the 11-27 appellate court may: 12-1 (1) affirm the judgment of the municipal court of 12-2 record; 12-3 (2) reverse and remand for a new trial; 12-4 (3) reverse and dismiss the case; or 12-5 (4) reform and correct the judgment. 12-6 (c) Unless the matter was made an issue in the trial court 12-7 or it affirmatively appears to the contrary from the transcript or 12-8 the statement of facts, the appellate court shall presume that: 12-9 (1) venue was proven in the trial court; 12-10 (2) the jury, if any, was properly impaneled and 12-11 sworn; 12-12 (3) the defendant was arraigned and pleaded to the 12-13 complaint; and 12-14 (4) the municipal judge certified the charge and the 12-15 clerk filed the charge before it was read to the jury. 12-16 (d) In each case decided by the appellate court, the court 12-17 shall deliver a written opinion or order either sustaining or 12-18 overruling each assignment of error presented. The court need not 12-19 give a reason for overruling an assignment of error, but it may 12-20 cite the cases on which it relied. If an assignment of error is 12-21 sustained, the court shall set forth the reasons for the decision. 12-22 The appellate court clerk shall mail copies of the decision to the 12-23 parties and to the municipal judge as soon as the decision is 12-24 rendered. 12-25 Sec. 30.01421. CERTIFICATE OF APPELLATE PROCEEDINGS. When 12-26 the judgment of the appellate court becomes final, the clerk of 12-27 that court shall certify the proceedings and the judgment and shall 13-1 mail the certificate to the clerk of the municipal court of record. 13-2 When the clerk of the municipal court of record receives the 13-3 record, the clerk shall file the record with the papers in the case 13-4 and note the filing on the docket of the municipal court of record. 13-5 If the municipal court of record judgment is affirmed, further 13-6 action to enforce the judgment is not necessary except to: 13-7 (1) forfeit the bond of the defendant; 13-8 (2) issue a writ of capias for the defendant; or 13-9 (3) issue an execution against the defendant's 13-10 property. 13-11 Sec. 30.01422. EFFECT OF ORDER OF NEW TRIAL. If the 13-12 appellate court awards a new trial to the defendant, the case 13-13 stands as if a new trial had been granted by the municipal court of 13-14 record. 13-15 Sec. 30.01423. APPEAL TO THE COURT OF APPEALS. An appeal of 13-16 the appellate court decision to the court of appeals is governed by 13-17 the Code of Criminal Procedure, except that the transcript, briefs, 13-18 and statement of facts filed in the appellate court constitute the 13-19 transcript, briefs, and statement of facts on appeal to the court 13-20 of appeals unless the rules of the court of criminal appeals 13-21 provide otherwise. 13-22 SECTION 2. The importance of this legislation and the 13-23 crowded condition of the calendars in both houses create an 13-24 emergency and an imperative public necessity that the 13-25 constitutional rule requiring bills to be read on three several 13-26 days in each house be suspended, and this rule is hereby suspended, 13-27 and that this Act take effect and be in force from and after its 14-1 passage, and it is so enacted.