1-1 By: Carona, Shapiro S.B. No. 1063 1-2 (In the Senate - Filed March 10, 1997; March 12, 1997, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 3, 1997, reported favorably by the following vote: Yeas 7, 1-5 Nays 0; April 3, 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 Richardson. 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 KK to read as follows: 1-13 SUBCHAPTER KK. RICHARDSON 1-14 Sec. 30.01401. APPLICATION. This subchapter applies to the 1-15 City of Richardson. 1-16 Sec. 30.01402. 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 must give each court a numerical designation, beginning with 1-24 "Municipal Court No. 1." 1-25 (b) On creation of the initial municipal court of record, 1-26 the governing body of the city shall adopt an ordinance that 1-27 provides for the appointment of a municipal judge by the governing 1-28 body of the city. 1-29 (c) A municipal court of record may not exist concurrently 1-30 with municipal courts that are not courts of record in the city. 1-31 (d) A municipal court of record has no terms and may sit at 1-32 any time for the transaction of business of the court. 1-33 Sec. 30.01403. JURISDICTION. (a) A municipal court of 1-34 record created under this subchapter has jurisdiction within the 1-35 territorial limits of the city in all criminal cases arising under 1-36 the ordinances of the city. 1-37 (b) The court has concurrent jurisdiction with a justice of 1-38 the peace in any precinct in which the city is located in criminal 1-39 cases within the justice court jurisdiction that: 1-40 (1) arise within the territorial limits of the city; 1-41 and 1-42 (2) are punishable by fine only. 1-43 (c) The court has jurisdiction over cases arising outside 1-44 the territorial limits of the city under ordinances authorized by 1-45 Section 215.072, 217.042, 341.903, or 401.002, Local Government 1-46 Code. 1-47 Sec. 30.01404. WRIT POWER. The judge of a municipal court 1-48 of record created under this subchapter may grant writs of 1-49 mandamus, injunction, attachment, and other writs necessary to the 1-50 enforcement of the jurisdiction of the court and may issue writs of 1-51 habeas corpus in cases in which the offense charged is within the 1-52 jurisdiction of the court. 1-53 Sec. 30.01405. APPLICATION OF OTHER LAWS. The general law 1-54 regarding municipal courts of record, the general law regarding 1-55 justice courts on matters not covered by the law regarding 1-56 municipal courts, and any charter provision or ordinance of the 1-57 city relating to the municipal court apply to a municipal court of 1-58 record unless the law, charter provision, or ordinance is in 1-59 conflict or inconsistent with this subchapter. 1-60 Sec. 30.01406. JUDGE. (a) A municipal court of record is 1-61 presided over by a municipal judge. The municipal judge must be a 1-62 licensed attorney in good standing in this state. The judge must 1-63 be a citizen of the United States and a resident of this state. 1-64 (b) If more than one municipal court of record is created, 2-1 judges of each municipal court of record may at any time exchange 2-2 benches and sit and act for each other in any pending case, matter, 2-3 or proceeding. 2-4 (c) A municipal judge is entitled to receive a salary and 2-5 other benefits set by the governing body of the city. The judge's 2-6 salary may not be diminished during the term of office. The salary 2-7 may not be based directly or indirectly on fines, fees, or other 2-8 costs that the municipal judge is required by law to collect during 2-9 a term of office. 2-10 Sec. 30.01407. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL. 2-11 (a) If a vacancy occurs in the office of municipal judge, the 2-12 governing body of the city shall appoint a qualified person to fill 2-13 the office for the remainder of the unexpired term. 2-14 (b) The governing body of the city may appoint persons as 2-15 relief municipal judges, who shall be known as assistant municipal 2-16 judges. An assistant judge must meet the qualifications prescribed 2-17 for the municipal judge. The governing body shall set the 2-18 compensation of the assistant judges. The municipal judge may 2-19 assign an assistant judge to act for a municipal judge who is 2-20 temporarily unable to act for any reason. An assistant judge has 2-21 all the powers and duties of the office while acting for the 2-22 municipal judge. 2-23 (c) A municipal judge or assistant municipal judge may be 2-24 removed from office in the manner prescribed for removal of a 2-25 county court at law judge. 2-26 Sec. 30.01408. CLERK; OTHER PERSONNEL. (a) The city 2-27 manager shall appoint a clerk of the municipal court of record who 2-28 shall be known as the municipal court clerk. 2-29 (b) The clerk or the clerk's deputies shall keep the records 2-30 of the municipal courts of record, issue process, and generally 2-31 perform the duties for the court that a clerk of the county court 2-32 exercising criminal jurisdiction is required by law to perform for 2-33 that court. The clerk shall perform the duties in accordance with 2-34 statutes, the city charter, and city ordinances. 2-35 (c) The clerk, the city manager, or the person designated as 2-36 court administrator by the city manager may hire, direct, and 2-37 remove the personnel authorized in the city's annual budget for the 2-38 clerk's office. 2-39 Sec. 30.01409. COURT REPORTER. (a) The city shall provide 2-40 a court reporter for the purpose of preserving a record in cases 2-41 tried before the municipal court of record. The clerk of the court 2-42 shall appoint the court reporter, who must meet the qualifications 2-43 provided by law for official court reporters. 2-44 (b) The clerk may provide that, instead of providing a court 2-45 reporter at trial, proceedings in a municipal court of record may 2-46 be recorded by a good quality electronic recording device. If the 2-47 recording device is used, the court reporter need not be present at 2-48 trial to record the proceedings. The proceedings that are appealed 2-49 shall be transcribed from the recording by an official court 2-50 reporter. 2-51 (c) The clerk may provide for the use of written notes, 2-52 transcribing equipment, or a combination of those methods to record 2-53 the proceedings of the court. The court reporter shall keep the 2-54 record for a 20-day period beginning the day after the last day of 2-55 the court proceeding, trial, or denial of motion for new trial, 2-56 whichever occurs last. 2-57 (d) No one is required to record testimony in a case unless 2-58 the judge or one of the parties requests a record. A party's 2-59 request for a record must be in writing and must be filed with the 2-60 court before trial. 2-61 (e) The court reporter shall certify the official record. 2-62 Sec. 30.01410. PROSECUTION BY CITY ATTORNEY. All 2-63 prosecutions in the municipal court of record must be conducted by 2-64 the city attorney or an assistant or deputy city attorney. 2-65 Sec. 30.01411. COMPLAINT; PLEADING. (a) A proceeding in a 2-66 municipal court of record commences with the filing of a complaint. 2-67 A complaint must begin "In the name and by authority of the State 2-68 of Texas" and must conclude "Against the peace and dignity of the 2-69 State." 3-1 (b) Complaints must comply with Article 45.17, Code of 3-2 Criminal Procedure. 3-3 (c) Pleadings must be in writing and must be filed with the 3-4 municipal court clerk. 3-5 Sec. 30.01412. JURY. (a) A person brought before the 3-6 municipal court and charged with an offense is entitled to be tried 3-7 by a jury of six persons, unless that right is waived according to 3-8 law. 3-9 (b) A juror for the municipal court must have the 3-10 qualifications required of jurors by law and must be a resident of 3-11 the city. 3-12 (c) A juror is entitled to receive the compensation for each 3-13 day and each fraction of a day in attendance on a municipal court 3-14 of record jury as provided by Chapter 61. 3-15 (d) The municipal court clerk shall establish a fair, 3-16 impartial, and objective juror selection process. 3-17 Sec. 30.01413. COURT RULES. (a) Except as modified by this 3-18 subchapter, the Code of Criminal Procedure as applied to county 3-19 courts at law governs the trial of cases before municipal courts of 3-20 record. 3-21 (b) Bonds must be payable to the state for the use and 3-22 benefit of the city. The court may not assess court costs other 3-23 than warrant fees, capias fees, and other fees authorized for 3-24 municipal courts. 3-25 (c) A peace officer may serve a process issued by a 3-26 municipal court of record. 3-27 (d) On conviction, judgment and sentence are in the name of 3-28 the state, and the state recovers from the defendant the fine and 3-29 fees for the use and benefit of the city. The court may require 3-30 that the defendant remain in the custody of the chief of police 3-31 until the fines and costs are paid and shall order that execution 3-32 issue to collect the fines and penalties. 3-33 (e) Fines, fees, costs, and bonds shall be paid to the 3-34 municipal court clerk, who shall deposit them in the city general 3-35 fund. 3-36 Sec. 30.01414. APPEAL. (a) A defendant has the right of 3-37 appeal from a judgment of conviction in a municipal court of record 3-38 as provided by this subchapter. The state has the right to an 3-39 appeal as provided by Article 44.01, Code of Criminal Procedure. 3-40 The county criminal courts of appeal of Dallas County have 3-41 jurisdiction of appeals from the municipal courts of record. 3-42 (b) The appellate court shall determine each appeal from a 3-43 municipal court of record conviction on the basis of the errors 3-44 that are set forth in the defendant's motion for new trial and that 3-45 are presented in the transcript and statement of facts prepared 3-46 from the proceedings leading to the conviction. An appeal from the 3-47 municipal court of record may not be by trial de novo. 3-48 (c) To perfect an appeal, the defendant must file a motion 3-49 for new trial not later than the 10th day after the date on which 3-50 the judgment and sentence are rendered. The motion must be in 3-51 writing and must be filed with the clerk of the municipal court of 3-52 record. The motion constitutes the assignment of error on appeal. 3-53 A ground or an error not set forth in the motion is waived. If the 3-54 court does not act on the motion before the expiration of 30 days 3-55 after it is filed with the clerk, the motion is overruled by 3-56 operation of law. 3-57 (d) After an order overruling a motion for new trial, the 3-58 defendant shall give written notice of appeal and pay the 3-59 transcript preparation fee not later than the 10th day after the 3-60 date on which the motion is overruled. The governing body shall 3-61 set a reasonable transcript preparation fee not to exceed $25. The 3-62 clerk shall note the payment of the fee on the docket of the court. 3-63 If the case is reversed on appeal, the fee shall be refunded to the 3-64 defendant. 3-65 (e) The city attorney or the assistant or deputy city 3-66 attorney shall prosecute all appeals from the municipal courts of 3-67 record. 3-68 Sec. 30.01415. APPEAL BOND; RECORD ON APPEAL. (a) If the 3-69 defendant is not in custody, the defendant may not take an appeal 4-1 until the defendant files an appeal bond with the municipal court 4-2 of record. The bond must be approved by the court and must be 4-3 filed not later than the 10th day after the date on which the 4-4 motion for new trial is overruled. If the defendant is in custody, 4-5 the defendant shall be committed to jail unless the defendant posts 4-6 the appeal bond. 4-7 (b) The appeal bond must be in the amount of $50 or double 4-8 the amount of fines and costs adjudged against the defendant, 4-9 whichever is greater. The bond must be payable to the state for 4-10 the use and benefit of the city and must be conditioned on the 4-11 defendant's immediate and daily personal appearance in the court to 4-12 which the appeal is taken. 4-13 (c) The record on appeal consists of a transcript and, if 4-14 necessary to appeal, a statement of facts. The court reporter 4-15 shall prepare the record from the reporter's record or mechanical 4-16 recordings of the proceedings. The defendant shall pay for the 4-17 cost of the transcription. If the court finds that the defendant 4-18 is unable to pay or give security for the record on appeal after a 4-19 hearing in response to an affidavit by the defendant, the court 4-20 shall order the reporter to prepare the record without charge to 4-21 the defendant. If the case is reversed on appeal, the court shall 4-22 promptly refund the cost to the defendant. 4-23 Sec. 30.01416. TRANSCRIPT. (a) The clerk of the municipal 4-24 court of record shall prepare under his hand and the seal of the 4-25 court a transcript of the proceedings in the municipal court of 4-26 record after payment of the transcript preparation fee under 4-27 Section 30.01414. The clerk shall prepare the transcript under 4-28 written instructions from the defendant or the defendant's 4-29 attorney. Unless otherwise agreed by the parties in writing, the 4-30 transcript must include a copy of: 4-31 (1) the complaint; 4-32 (2) court orders on any motions or exceptions; 4-33 (3) the judgment; 4-34 (4) the verdict of the jury; 4-35 (5) any findings of fact or conclusions of law made by 4-36 the court; 4-37 (6) the motion for new trial and the order of the 4-38 court on the motion; 4-39 (7) the notice of appeal; 4-40 (8) any statement of the parties regarding material to 4-41 be included in the record; 4-42 (9) the appeal bond; and 4-43 (10) any signed paper designated as material by either 4-44 party. 4-45 (b) The defendant or the defendant's attorney shall file a 4-46 copy of the written instructions with the clerk and shall deliver a 4-47 copy to the city attorney. 4-48 (c) The city attorney shall file a written direction to the 4-49 clerk if additional portions of the trial proceedings in the 4-50 transcript are to be included. 4-51 Sec. 30.01417. STATEMENT OF FACTS. (a) A statement of 4-52 facts included in the record on appeal must contain: 4-53 (1) a transcription of all or any part of the 4-54 municipal court of record proceedings in the case as recorded on 4-55 the electronic recording device or shown by the notes of the court 4-56 reporter recorded or taken before, during, or after the trial, if 4-57 the transcription is requested by a party, a party's attorney, or 4-58 the municipal judge; 4-59 (2) a brief statement of the facts of the case proven 4-60 at the trial as agreed to by the defendant or the defendant's 4-61 attorney and the prosecuting attorney; or 4-62 (3) a partial transcription and the agreed statement 4-63 of the facts of the case. 4-64 (b) The court reporter shall transcribe in duplicate any 4-65 portion of the recorded proceedings or the notes of the court 4-66 proceedings in the case at the request of either party or the 4-67 municipal judge. The defendant shall pay for the transcription 4-68 unless the court finds, after hearing in response to an affidavit 4-69 by the defendant, that the defendant is unable to pay or give 5-1 security for the transcription. On certification by the court that 5-2 the court reporter has rendered the service without charge to the 5-3 defendant, the court reporter shall be paid for the services by the 5-4 city. 5-5 Sec. 30.01418. TRANSFER OF RECORD; FEE. The parties must 5-6 file the transcript and the statement of facts with the clerk of 5-7 the municipal court of record not later than the 60th day after the 5-8 date on which the transcript preparation fee was paid. The clerk 5-9 shall promptly forward them to the appellate court clerk. 5-10 Sec. 30.01419. BRIEF ON APPEAL. (a) The defendant must 5-11 file a brief on appeal with the appellate court clerk not later 5-12 than the 15th day after the date on which the transcript and 5-13 statement of facts are filed with that clerk. 5-14 (b) The city attorney must file the appellee's brief with 5-15 the appellate court clerk not later than the 15th day after the 5-16 date on which the defendant's brief is filed. 5-17 (c) To avoid unnecessary delay, the record and briefs on 5-18 appeal shall be limited as far as possible to the questions relied 5-19 on for reversal. 5-20 (d) On filing, each party shall deliver a copy of the brief 5-21 to the opposing counsel. 5-22 Sec. 30.01420. PROCEDURE; DISPOSITION ON APPEAL. (a) The 5-23 appellate court shall hear appeals from the municipal court of 5-24 record at the earliest possible time with due regard to the rights 5-25 of the parties and the proper administration of justice. The court 5-26 may determine the rules for oral argument. The case may be 5-27 submitted on the record and briefs without oral argument. 5-28 (b) According to the law and the nature of the case, the 5-29 appellate court may: 5-30 (1) affirm the judgment of the municipal court of 5-31 record; 5-32 (2) reverse and remand for a new trial; 5-33 (3) reverse and dismiss the case; or 5-34 (4) reform and correct the judgment. 5-35 (c) Unless the matter was made an issue in the trial court 5-36 or it affirmatively appears to the contrary from the transcript or 5-37 the statement of facts, the appellate court shall presume that: 5-38 (1) venue was proven in the trial court; 5-39 (2) the jury, if any, was properly impaneled and 5-40 sworn; 5-41 (3) the defendant was arraigned and pleaded to the 5-42 complaint; and 5-43 (4) the municipal judge certified the charge and the 5-44 clerk filed the charge before it was read to the jury. 5-45 (d) In each case decided by the appellate court, the court 5-46 shall deliver a written opinion or order either sustaining or 5-47 overruling each assignment of error presented. The court need not 5-48 give a reason for overruling an assignment of error, but it may 5-49 cite the cases on which it relied. If an assignment of error is 5-50 sustained, the court shall set forth the reasons for the decision. 5-51 The appellate court clerk shall mail copies of the decision to the 5-52 parties and to the municipal judge as soon as the decision is 5-53 rendered. 5-54 Sec. 30.01421. CERTIFICATE OF APPELLATE PROCEEDINGS. When 5-55 the judgment of the appellate court becomes final, the clerk of 5-56 that court shall certify the proceedings and the judgment and shall 5-57 mail the certificate to the clerk of the municipal court of record. 5-58 When the clerk of the municipal court of record receives the 5-59 record, the clerk shall file the record with the papers in the case 5-60 and note the filing on the docket of the municipal court of record. 5-61 If the municipal court of record judgment is affirmed, further 5-62 action to enforce the judgment is not necessary except to: 5-63 (1) forfeit the bond of the defendant; 5-64 (2) issue a writ of capias for the defendant; or 5-65 (3) issue an execution against the defendant's 5-66 property. 5-67 Sec. 30.01422. EFFECT OF ORDER OF NEW TRIAL. If the 5-68 appellate court awards a new trial to the defendant, the case 5-69 stands as if a new trial had been granted by the municipal court of 6-1 record. 6-2 Sec. 30.01423. APPEAL TO THE COURT OF APPEALS. An appeal of 6-3 the appellate court decision to the court of appeals is governed by 6-4 the Code of Criminal Procedure, except that the transcript, briefs, 6-5 and statement of facts filed in the appellate court constitute the 6-6 transcript, briefs, and statement of facts on appeal to the court 6-7 of appeals unless the rules of the court of criminal appeals 6-8 provide otherwise. 6-9 SECTION 2. The importance of this legislation and the 6-10 crowded condition of the calendars in both houses create an 6-11 emergency and an imperative public necessity that the 6-12 constitutional rule requiring bills to be read on three several 6-13 days in each house be suspended, and this rule is hereby suspended, 6-14 and that this Act take effect and be in force from and after its 6-15 passage, and it is so enacted. 6-16 * * * * *