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.

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