By: Nelson S.B. No. 1924
A BILL TO BE ENTITLED
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.