AN ACT 1-1 relating to the creation of municipal courts of record in Coppell. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Chapter 30, Government Code, is amended by adding 1-4 Subchapter LL to read as follows: 1-5 SUBCHAPTER LL. COPPELL 1-6 Sec. 30.01441. APPLICATION. This subchapter applies to the 1-7 City of Coppell. 1-8 Sec. 30.01442. CREATION. (a) The governing body of the 1-9 city may by ordinance create a municipal court of record if it 1-10 determines that the formation of the court is necessary to provide 1-11 a more efficient disposition of cases arising in the city. The 1-12 governing body may by ordinance determine the number of municipal 1-13 courts of record that are required to dispose of the cases and may 1-14 establish as many as necessary. The ordinance establishing the 1-15 courts shall give each court a numerical designation, beginning 1-16 with "Municipal Court No. 1." 1-17 (b) A municipal court of record may not exist concurrently 1-18 with municipal courts that are not courts of record in the city. 1-19 (c) A municipal court of record has no terms and may sit at 1-20 any time for the transaction of the business of the court. 1-21 Sec. 30.01443. JURISDICTION. (a) A municipal court of 1-22 record created under this subchapter has jurisdiction within the 1-23 territorial limits of the city in all criminal cases arising under 2-1 the ordinances of the city. 2-2 (b) The court has concurrent jurisdiction with a justice of 2-3 the peace in any precinct in which the city is located in criminal 2-4 cases within the justice court jurisdiction that: 2-5 (1) arise within the territorial limits of the city; 2-6 and 2-7 (2) are punishable by fine only. 2-8 (c) The court has jurisdiction over cases arising outside 2-9 the territorial limits of the city under ordinances authorized by 2-10 Sections 215.072, 217.042, 341.903, and 401.002, Local Government 2-11 Code. 2-12 Sec. 30.01444. WRIT POWER. The judge of a municipal court 2-13 of record created under this subchapter may grant writs of 2-14 mandamus, injunction, attachment, and other writs necessary for the 2-15 enforcement of the jurisdiction of the court and may issue writs of 2-16 habeas corpus in cases in which the offense charged is within the 2-17 jurisdiction of the court. 2-18 Sec. 30.01445. APPLICATION OF OTHER LAWS. The general law 2-19 regarding municipal courts, the general law regarding justice 2-20 courts on matters not covered by the law regarding municipal 2-21 courts, and any charter provision or ordinance of the city relating 2-22 to the municipal court apply to a municipal court of record unless 2-23 the law, charter provision, or ordinance is in conflict or 2-24 inconsistent with this subchapter. 2-25 Sec. 30.01446. JUDGE. (a) A municipal judge presides over 3-1 a municipal court of record. 3-2 (b) The governing body of the city appoints a municipal 3-3 judge for a term of two years. 3-4 (c) A municipal judge must be a licensed attorney in good 3-5 standing in this state, a citizen of the United States, and a 3-6 resident of this state. A municipal judge is not required to be a 3-7 resident of the city. 3-8 (d) If there is more than one municipal court of record in 3-9 the city, the municipal court judges may exchange benches and may 3-10 sit and act for each other in any proceeding pending in the courts. 3-11 (e) A municipal judge is entitled to a salary and other 3-12 benefits set by the governing body of the city. The governing body 3-13 may not base the salary directly or indirectly on fines, fees, or 3-14 costs collected by the court. 3-15 Sec. 30.01447. VACANCY; TEMPORARY REPLACEMENT; REMOVAL. 3-16 (a) The governing body of the city shall appoint a qualified 3-17 person to fill a vacancy in the office of municipal judge for the 3-18 remainder of the unexpired term. 3-19 (b) The governing body may appoint one or more qualified 3-20 persons as an alternate or associate municipal judge for a term of 3-21 two years. 3-22 (c) An alternate or associate judge must meet the 3-23 qualifications prescribed for the municipal judge. 3-24 (d) The governing body shall set the compensation of an 3-25 alternate or associate municipal judge. 4-1 (e) The municipal judge may assign an alternate or associate 4-2 municipal judge to act for the municipal judge when the municipal 4-3 judge is unable to act for any reason. An alternate or associate 4-4 judge, while serving, has all the powers and duties of a municipal 4-5 judge. 4-6 (f) A municipal judge or an alternate or associate municipal 4-7 judge serves at the pleasure of the governing body of the city and 4-8 may be removed with or without cause. 4-9 Sec. 30.01448. CLERK; OTHER PERSONNEL. (a) The city 4-10 manager shall appoint a clerk of the municipal court of record. 4-11 (b) The clerk may hire, direct, and remove the personnel 4-12 authorized in the city's annual budget for the clerk's office, 4-13 including deputies and bailiffs as may be necessary or appropriate. 4-14 (c) The clerk or the clerk's deputies shall keep the records 4-15 of the municipal courts of record, issue process, and generally 4-16 perform the duties for the courts that a clerk of the county court 4-17 exercising criminal jurisdiction is required by law to perform for 4-18 that court. The clerk shall perform the duties in accordance with 4-19 statutes, the city charter, and city ordinances. 4-20 Sec. 30.01449. COURT REPORTER. (a) The city shall provide 4-21 a court reporter for the purpose of preserving a record in cases 4-22 tried before the municipal court of record. The clerk of the court 4-23 shall appoint a court reporter who meets the qualifications 4-24 provided by law for official court reporters. 4-25 (b) The court reporter may use written notes, transcribing 5-1 equipment, or a combination of those methods to record the 5-2 proceedings of the court. The court reporter shall keep the record 5-3 for the 20-day period beginning the day after the last day of the 5-4 court proceeding, trial, or denial of motion for new trial, 5-5 whichever occurs last. 5-6 (c) A court reporter or the recording of proceedings is not 5-7 required in a case unless the judge or one of the parties requests 5-8 a record. A party's request for a record must be in writing and 5-9 filed with the court before trial. 5-10 (d) The court reporter shall certify the official record. 5-11 Sec. 30.01450. PROSECUTIONS BY CITY ATTORNEY. All 5-12 prosecutions in the municipal court of record must be conducted by 5-13 the city attorney or the city attorney's designee. 5-14 Sec. 30.01451. COMPLAINT; PLEADING. (a) A proceeding in a 5-15 municipal court of record commences with the filing of a complaint. 5-16 A complaint must begin "In the name and by authority of the State 5-17 of Texas" and must conclude "Against the peace and dignity of the 5-18 State." 5-19 (b) Complaints must comply with Article 45.17, Code of 5-20 Criminal Procedure. 5-21 (c) Pleadings must be in writing and filed with the 5-22 municipal court clerk. 5-23 Sec. 30.01452. JURY. (a) A person who is brought before a 5-24 municipal court of record and who is charged with an offense is 5-25 entitled to be tried by a jury of six persons unless that right is 6-1 waived according to law. 6-2 (b) A juror for the municipal court must have the 6-3 qualifications required of jurors by law and must be a resident of 6-4 the city. 6-5 (c) A juror is entitled to receive compensation for each day 6-6 and each fraction of a day in attendance on a municipal court of 6-7 record jury as provided by Chapter 61. 6-8 (d) The municipal court clerk shall establish a fair, 6-9 impartial, and objective juror selection process. 6-10 Sec. 30.01453. COURT RULES. (a) Except as modified by this 6-11 subchapter, the Code of Criminal Procedure as applied to county 6-12 courts at law governs the trial of cases before municipal courts of 6-13 record. 6-14 (b) Bonds must be payable to the state for the use and 6-15 benefit of the city. The court may not assess court costs other 6-16 than warrant fees, capias fees, and other fees authorized for 6-17 municipal courts. 6-18 (c) A peace officer may serve a process issued by a 6-19 municipal court of record. 6-20 (d) On conviction, judgment and sentence are in the name of 6-21 the state, and the state recovers from the defendant the fine and 6-22 fees for the use and benefit of the city. The court may require 6-23 that the defendant remain in the custody of the chief of police 6-24 until the fines and costs are paid and shall order that execution 6-25 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. 30.01454. APPEAL. (a) A defendant has the right of 7-5 appeal from a judgment or 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 over 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 with the 7-17 municipal court clerk a written motion for new trial not later than 7-18 the 10th day after the date on which judgment and sentence are 7-19 rendered. The motion must be in writing and must be filed with the 7-20 clerk of the municipal court of record. The motion constitutes the 7-21 assignment of error on appeal. A ground or an error not set forth 7-22 in the motion is waived. If the court does not act on the motion 7-23 before the 30th day after the motion is filed with the clerk, the 7-24 motion is overruled by operation of law. 7-25 (d) After an order overruling a motion for new trial, the 8-1 defendant shall give written notice of appeal and pay the 8-2 transcript preparation fee not later than the 10th day after the 8-3 date on which the motion is overruled. The governing body shall 8-4 set a reasonable transcript preparation fee not to exceed $50. The 8-5 clerk shall note the payment of the fee on the docket of the court. 8-6 If the case is reversed on appeal, the fee shall be refunded to the 8-7 defendant. 8-8 (e) The city attorney or the city attorney's designee shall 8-9 represent the city in all appeals from the municipal courts of 8-10 record. 8-11 Sec. 30.01455. APPEAL BOND. (a) If the defendant is not in 8-12 custody, the defendant may not take an appeal until the defendant 8-13 files an appeal bond with the municipal court of record. The bond 8-14 must be approved by the court and must be filed not later than the 8-15 10th day after the date on which the motion for new trial is 8-16 overruled. If the defendant is in custody, the defendant shall be 8-17 committed to jail unless the defendant posts the appeal bond. 8-18 (b) The appeal bond must be in the amount of $50 or double 8-19 the amount of the fine and costs adjudged against the defendant, 8-20 whichever is greater. The bond must be payable to the state for 8-21 the use and benefit of the city and must be conditioned on the 8-22 defendant's appearance in the court to which the appeal is taken. 8-23 Sec. 30.01456. RECORD ON APPEAL. The record on appeal 8-24 consists of a transcript and, if necessary to the appeal, a 8-25 statement of facts. The court reporter shall prepare the record 9-1 from the reporter's record or mechanical recordings of the 9-2 proceedings. The appellant shall pay for the cost of the 9-3 transcript. If the appellant is the defendant and the court finds 9-4 that the defendant is unable to pay or give security for the record 9-5 on appeal after a hearing in response to an affidavit by the 9-6 defendant, the court shall order the reporter to prepare the record 9-7 without charge to the defendant. If the appellant is the defendant 9-8 and the case is reversed on appeal, the court shall promptly refund 9-9 the cost to the defendant. 9-10 Sec. 30.01457. TRANSCRIPT. (a) The municipal court clerk 9-11 shall prepare under the clerk's hand and seal a transcript of the 9-12 municipal court of record proceedings after payment of the 9-13 transcript preparation fee under Section 30.01454. The clerk shall 9-14 prepare the transcript under written instructions from the 9-15 appellant or the appellant's attorney. Unless otherwise agreed by 9-16 the parties in writing, the transcript must include a copy of: 9-17 (1) the complaint; 9-18 (2) court orders on any motions or exceptions; 9-19 (3) the judgment; 9-20 (4) the verdict in a jury trial; 9-21 (5) any findings of fact or conclusions of law made by 9-22 the court; 9-23 (6) the motion for new trial and the order of the 9-24 court on the motion; 9-25 (7) the notice of appeal; 10-1 (8) any statement of the parties regarding material to 10-2 be included in the record; 10-3 (9) the appeal bond; and 10-4 (10) any signed paper designated as material by either 10-5 party. 10-6 (b) The appellant or the appellant's attorney shall file a 10-7 copy of the written instructions with the clerk and shall deliver a 10-8 copy to the appellee. 10-9 (c) The appellee shall file written instructions with the 10-10 clerk if additional portions of the trial proceedings in the 10-11 transcript are to be included. 10-12 Sec. 30.01458. STATEMENTS OF FACTS. (a) A statement of 10-13 facts included in the record on appeal must contain: 10-14 (1) a transcription of all or part of the municipal 10-15 court of record proceedings recorded by the court reporter before, 10-16 during, or after the trial, if the transcription is requested by a 10-17 party, a party's attorney, or the municipal judge; 10-18 (2) a brief statement of the facts of the case proven 10-19 at trial as agreed to by the defendant and the prosecuting 10-20 attorney; or 10-21 (3) a partial transcription and the agreed statement 10-22 of the facts of the case. 10-23 (b) The court reporter shall transcribe in duplicate any 10-24 portion of the recorded proceedings or the notes of the court 10-25 proceedings in the case at the request of either party or the 11-1 municipal judge. The appellant shall pay for the transcription 11-2 unless the appellant is the defendant and the court finds, after 11-3 hearing in response to an affidavit by the defendant, that the 11-4 defendant is unable to pay or give security for the transcription. 11-5 On certification by the court that the court reporter has rendered 11-6 the service without charge to the defendant, the court reporter 11-7 shall be paid for the services by the city. 11-8 Sec. 30.01459. TRANSFER OF RECORD. Not later than the 60th 11-9 day after the date on which the transcript preparation fee is paid, 11-10 the parties must file with the municipal court clerk the transcript 11-11 and the statement of facts. The clerk shall promptly forward them 11-12 to the appellate court clerk. 11-13 Sec. 30.01460. BRIEF ON APPEAL. (a) The appellant must 11-14 file a brief on appeal with the appellate court clerk not later 11-15 than the 20th day after the date on which the transcript and 11-16 statement of facts are filed with that clerk. 11-17 (b) The appellee must file the appellee's brief with the 11-18 appellate court clerk not later than the 20th day after the date on 11-19 which the appellant's brief is served on the appellee. 11-20 (c) To avoid unnecessary delay, the record and briefs on 11-21 appeal shall be limited as far as possible to the questions relied 11-22 on for reversal. 11-23 (d) On filing, each party shall immediately deliver a copy 11-24 of the brief to the opposing party. 11-25 Sec. 30.01461. PROCEDURE; DISPOSITION ON APPEAL. (a) The 12-1 appellate court shall hear appeals from the municipal court of 12-2 record at the earliest possible time with due regard to the rights 12-3 of the parties and the proper administration of justice. The court 12-4 may determine the rules for oral argument. The case may be 12-5 submitted on the record and briefs without oral argument. 12-6 (b) According to law and the nature of the case, the 12-7 appellate court may: 12-8 (1) affirm the judgment of the municipal court of 12-9 record; 12-10 (2) reverse and remand for a new trial; 12-11 (3) reverse and dismiss the case; or 12-12 (4) reform and correct the judgment. 12-13 (c) Unless the matter was made an issue in the trial court 12-14 or it affirmatively appears to the contrary from the transcript or 12-15 the statement of facts, the appellate court shall presume that: 12-16 (1) venue was proven in the trial court; 12-17 (2) the jury, if any, was properly impaneled and 12-18 sworn; 12-19 (3) the defendant was arraigned and pleaded to the 12-20 complaint; 12-21 (4) the municipal judge certified the charge and the 12-22 clerk filed the charge before it was read to the jury; and 12-23 (5) the proceedings were otherwise regular and in 12-24 accordance with the formalities required by law. 12-25 (d) In each case decided by the appellate court, the court 13-1 shall deliver a written opinion or order either sustaining or 13-2 overruling each assignment of error presented. If an assignment of 13-3 error is sustained, the court shall set forth the reasons for its 13-4 decision. The appellate court clerk shall mail copies of the 13-5 decision to the parties and to the municipal judge promptly after 13-6 the decision is rendered. 13-7 Sec. 30.01462. CERTIFICATE OF APPELLATE PROCEEDINGS. When 13-8 the judgment of the appellate court becomes final, the clerk of 13-9 that court shall certify the proceedings and the judgment and shall 13-10 mail the certificate to the clerk of the municipal court of record. 13-11 The clerk shall file the certificate with the papers in the case 13-12 and note the certificate on the case docket. If the municipal 13-13 court of record judgment is affirmed, further action to enforce the 13-14 judgment is not necessary except to: 13-15 (1) forfeit the bond of the defendant; 13-16 (2) issue a writ of capias for the defendant; or 13-17 (3) issue an execution against the defendant's 13-18 property. 13-19 Sec. 30.01463. EFFECT OF ORDER OF NEW TRIAL. If the 13-20 appellate court awards a new trial to the defendant, the case 13-21 stands as if a new trial had been granted by the municipal court of 13-22 record. 13-23 Sec. 30.01464. APPEAL TO COURT OF APPEALS. An appeal of the 13-24 appellate court decision to the court of appeals is governed by the 13-25 Code of Criminal Procedure, except that the transcript, briefs, and 14-1 statement of facts filed in the appellate court constitute the 14-2 transcript, briefs, and statement of facts on appeal to the court 14-3 of appeals unless the rules of the court of appeals provide 14-4 otherwise. 14-5 SECTION 2. The importance of this legislation and the 14-6 crowded condition of the calendars in both houses create an 14-7 emergency and an imperative public necessity that the 14-8 constitutional rule requiring bills to be read on three several 14-9 days in each house be suspended, and this rule is hereby suspended, 14-10 and that this Act take effect and be in force from and after its 14-11 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1924 passed the Senate on April 24, 1997, by the following vote: Yeas 29, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1924 passed the House on May 13, 1997, by the following vote: Yeas 143, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor