1-1 By: Nelson S.B. No. 1924 1-2 (In the Senate - Filed April 2, 1997; April 8, 1997, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 16, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; April 16, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1924 By: Wentworth 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of municipal courts of record in Coppell. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 30, Government Code, is amended by adding 1-13 Subchapter LL to read as follows: 1-14 SUBCHAPTER LL. COPPELL 1-15 Sec. 30.01441. APPLICATION. This subchapter applies to the 1-16 City of Coppell. 1-17 Sec. 30.01442. CREATION. (a) The governing body of the 1-18 city may by ordinance create a municipal court of record if it 1-19 determines that the formation of the court is necessary to provide 1-20 a more efficient disposition of cases arising in the city. The 1-21 governing body may by ordinance determine the number of municipal 1-22 courts of record that are required to dispose of the cases and may 1-23 establish as many as necessary. The ordinance establishing the 1-24 courts shall give each court a numerical designation, beginning 1-25 with "Municipal Court No. 1." 1-26 (b) A municipal court of record may not exist concurrently 1-27 with municipal courts that are not courts of record in the city. 1-28 (c) A municipal court of record has no terms and may sit at 1-29 any time for the transaction of the business of the court. 1-30 Sec. 30.01443. JURISDICTION. (a) A municipal court of 1-31 record created under this subchapter has jurisdiction within the 1-32 territorial limits of the city in all criminal cases arising under 1-33 the ordinances of the city. 1-34 (b) The court has concurrent jurisdiction with a justice of 1-35 the peace in any precinct in which the city is located in criminal 1-36 cases within the justice court jurisdiction that: 1-37 (1) arise within the territorial limits of the city; 1-38 and 1-39 (2) are punishable by fine only. 1-40 (c) The court has jurisdiction over cases arising outside 1-41 the territorial limits of the city under ordinances authorized by 1-42 Sections 215.072, 217.042, 341.903, and 401.002, Local Government 1-43 Code. 1-44 Sec. 30.01444. WRIT POWER. The judge of a municipal court 1-45 of record created under this subchapter may grant writs of 1-46 mandamus, injunction, attachment, and other writs necessary for the 1-47 enforcement of the jurisdiction of the court and may issue writs of 1-48 habeas corpus in cases in which the offense charged is within the 1-49 jurisdiction of the court. 1-50 Sec. 30.01445. APPLICATION OF OTHER LAWS. The general law 1-51 regarding municipal courts, the general law regarding justice 1-52 courts on matters not covered by the law regarding municipal 1-53 courts, and any charter provision or ordinance of the city relating 1-54 to the municipal court apply to a municipal court of record unless 1-55 the law, charter provision, or ordinance is in conflict or 1-56 inconsistent with this subchapter. 1-57 Sec. 30.01446. JUDGE. (a) A municipal judge presides over 1-58 a municipal court of record. 1-59 (b) The governing body of the city appoints a municipal 1-60 judge for a term of two years. 1-61 (c) A municipal judge must be a licensed attorney in good 1-62 standing in this state, a citizen of the United States, and a 1-63 resident of this state. A municipal judge is not required to be a 1-64 resident of the city. 2-1 (d) If there is more than one municipal court of record in 2-2 the city, the municipal court judges may exchange benches and may 2-3 sit and act for each other in any proceeding pending in the courts. 2-4 (e) A municipal judge is entitled to a salary and other 2-5 benefits set by the governing body of the city. The governing body 2-6 may not base the salary directly or indirectly on fines, fees, or 2-7 costs collected by the court. 2-8 Sec. 30.01447. VACANCY; TEMPORARY REPLACEMENT; REMOVAL. 2-9 (a) The governing body of the city shall appoint a qualified 2-10 person to fill a vacancy in the office of municipal judge for the 2-11 remainder of the unexpired term. 2-12 (b) The governing body may appoint one or more qualified 2-13 persons as an alternate or associate municipal judge for a term of 2-14 two years. 2-15 (c) An alternate or associate judge must meet the 2-16 qualifications prescribed for the municipal judge. 2-17 (d) The governing body shall set the compensation of an 2-18 alternate or associate municipal judge. 2-19 (e) The municipal judge may assign an alternate or associate 2-20 municipal judge to act for the municipal judge when the municipal 2-21 judge is unable to act for any reason. An alternate or associate 2-22 judge, while serving, has all the powers and duties of a municipal 2-23 judge. 2-24 (f) A municipal judge or an alternate or associate municipal 2-25 judge serves at the pleasure of the governing body of the city and 2-26 may be removed with or without cause. 2-27 Sec. 30.01448. CLERK; OTHER PERSONNEL. (a) The city 2-28 manager shall appoint a clerk of the municipal court of record. 2-29 (b) The clerk may hire, direct, and remove the personnel 2-30 authorized in the city's annual budget for the clerk's office, 2-31 including deputies and bailiffs as may be necessary or appropriate. 2-32 (c) The clerk or the clerk's deputies shall keep the records 2-33 of the municipal courts of record, issue process, and generally 2-34 perform the duties for the courts that a clerk of the county court 2-35 exercising criminal jurisdiction is required by law to perform for 2-36 that court. The clerk shall perform the duties in accordance with 2-37 statutes, the city charter, and city ordinances. 2-38 Sec. 30.01449. COURT REPORTER. (a) The city shall provide 2-39 a court reporter for the purpose of preserving a record in cases 2-40 tried before the municipal court of record. The clerk of the court 2-41 shall appoint a court reporter who meets the qualifications 2-42 provided by law for official court reporters. 2-43 (b) The court reporter may use written notes, transcribing 2-44 equipment, or a combination of those methods to record the 2-45 proceedings of the court. The court reporter shall keep the record 2-46 for the 20-day period beginning the day after the last day of the 2-47 court proceeding, trial, or denial of motion for new trial, 2-48 whichever occurs last. 2-49 (c) A court reporter or the recording of proceedings is not 2-50 required in a case unless the judge or one of the parties requests 2-51 a record. A party's request for a record must be in writing and 2-52 filed with the court before trial. 2-53 (d) The court reporter shall certify the official record. 2-54 Sec. 30.01450. PROSECUTIONS BY CITY ATTORNEY. All 2-55 prosecutions in the municipal court of record must be conducted by 2-56 the city attorney or the city attorney's designee. 2-57 Sec. 30.01451. COMPLAINT; PLEADING. (a) A proceeding in a 2-58 municipal court of record commences with the filing of a complaint. 2-59 A complaint must begin "In the name and by authority of the State 2-60 of Texas" and must conclude "Against the peace and dignity of the 2-61 State." 2-62 (b) Complaints must comply with Article 45.17, Code of 2-63 Criminal Procedure. 2-64 (c) Pleadings must be in writing and filed with the 2-65 municipal court clerk. 2-66 Sec. 30.01452. JURY. (a) A person who is brought before a 2-67 municipal court of record and who is charged with an offense is 2-68 entitled to be tried by a jury of six persons unless that right is 2-69 waived according to law. 3-1 (b) A juror for the municipal court must have the 3-2 qualifications required of jurors by law and must be a resident of 3-3 the city. 3-4 (c) A juror is entitled to receive compensation for each day 3-5 and each fraction of a day in attendance on a municipal court of 3-6 record jury as provided by Chapter 61. 3-7 (d) The municipal court clerk shall establish a fair, 3-8 impartial, and objective juror selection process. 3-9 Sec. 30.01453. COURT RULES. (a) Except as modified by this 3-10 subchapter, the Code of Criminal Procedure as applied to county 3-11 courts at law governs the trial of cases before municipal courts of 3-12 record. 3-13 (b) Bonds must be payable to the state for the use and 3-14 benefit of the city. The court may not assess court costs other 3-15 than warrant fees, capias fees, and other fees authorized for 3-16 municipal courts. 3-17 (c) A peace officer may serve a process issued by a 3-18 municipal court of record. 3-19 (d) On conviction, judgment and sentence are in the name of 3-20 the state, and the state recovers from the defendant the fine and 3-21 fees for the use and benefit of the city. The court may require 3-22 that the defendant remain in the custody of the chief of police 3-23 until the fines and costs are paid and shall order that execution 3-24 issue to collect the fines and penalties. 3-25 (e) Fines, fees, costs, and bonds shall be paid to the 3-26 municipal court clerk, who shall deposit them in the city general 3-27 fund. 3-28 Sec. 30.01454. APPEAL. (a) A defendant has the right of 3-29 appeal from a judgment or conviction in a municipal court of record 3-30 as provided by this subchapter. The state has the right to an 3-31 appeal as provided by Article 44.01, Code of Criminal Procedure. 3-32 The county criminal courts of appeal of Dallas County have 3-33 jurisdiction over appeals from the municipal courts of record. 3-34 (b) The appellate court shall determine each appeal from a 3-35 municipal court of record conviction on the basis of the errors 3-36 that are set forth in the appellant's motion and that are presented 3-37 in the transcript and statement of facts prepared from the 3-38 proceedings leading to the conviction. An appeal from the 3-39 municipal court of record may not be by trial de novo. 3-40 (c) To perfect an appeal, the defendant must file with the 3-41 municipal court clerk a written motion for new trial not later than 3-42 the 10th day after the date on which judgment and sentence are 3-43 rendered. The motion must be in writing and must be filed with the 3-44 clerk of the municipal court of record. The motion constitutes the 3-45 assignment of error on appeal. A ground or an error not set forth 3-46 in the motion is waived. If the court does not act on the motion 3-47 before the 30th day after the motion is filed with the clerk, the 3-48 motion is overruled by operation of law. 3-49 (d) After an order overruling a motion for new trial, the 3-50 defendant shall give written notice of appeal and pay the 3-51 transcript preparation fee not later than the 10th day after the 3-52 date on which the motion is overruled. The governing body shall 3-53 set a reasonable transcript preparation fee not to exceed $50. The 3-54 clerk shall note the payment of the fee on the docket of the court. 3-55 If the case is reversed on appeal, the fee shall be refunded to the 3-56 defendant. 3-57 (e) The city attorney or the city attorney's designee shall 3-58 represent the city in all appeals from the municipal courts of 3-59 record. 3-60 Sec. 30.01455. APPEAL BOND. (a) If the defendant is not in 3-61 custody, the defendant may not take an appeal until the defendant 3-62 files an appeal bond with the municipal court of record. The bond 3-63 must be approved by the court and must be filed not later than the 3-64 10th day after the date on which the motion for new trial is 3-65 overruled. If the defendant is in custody, the defendant shall be 3-66 committed to jail unless the defendant posts the appeal bond. 3-67 (b) The appeal bond must be in the amount of $50 or double 3-68 the amount of the fine and costs adjudged against the defendant, 3-69 whichever is greater. The bond must be payable to the state for 4-1 the use and benefit of the city and must be conditioned on the 4-2 defendant's appearance in the court to which the appeal is taken. 4-3 Sec. 30.01456. RECORD ON APPEAL. The record on appeal 4-4 consists of a transcript and, if necessary to the appeal, a 4-5 statement of facts. The court reporter shall prepare the record 4-6 from the reporter's record or mechanical recordings of the 4-7 proceedings. The appellant shall pay for the cost of the 4-8 transcript. If the appellant is the defendant and the court finds 4-9 that the defendant is unable to pay or give security for the record 4-10 on appeal after a hearing in response to an affidavit by the 4-11 defendant, the court shall order the reporter to prepare the record 4-12 without charge to the defendant. If the appellant is the defendant 4-13 and the case is reversed on appeal, the court shall promptly refund 4-14 the cost to the defendant. 4-15 Sec. 30.01457. TRANSCRIPT. (a) The municipal court clerk 4-16 shall prepare under the clerk's hand and seal a transcript of the 4-17 municipal court of record proceedings after payment of the 4-18 transcript preparation fee under Section 30.01454. The clerk shall 4-19 prepare the transcript under written instructions from the 4-20 appellant or the appellant's attorney. Unless otherwise agreed by 4-21 the parties in writing, the transcript must include a copy of: 4-22 (1) the complaint; 4-23 (2) court orders on any motions or exceptions; 4-24 (3) the judgment; 4-25 (4) the verdict in a jury trial; 4-26 (5) any findings of fact or conclusions of law made by 4-27 the court; 4-28 (6) the motion for new trial and the order of the 4-29 court on the motion; 4-30 (7) the notice of appeal; 4-31 (8) any statement of the parties regarding material to 4-32 be included in the record; 4-33 (9) the appeal bond; and 4-34 (10) any signed paper designated as material by either 4-35 party. 4-36 (b) The appellant or the appellant's attorney shall file a 4-37 copy of the written instructions with the clerk and shall deliver a 4-38 copy to the appellee. 4-39 (c) The appellee shall file written instructions with the 4-40 clerk if additional portions of the trial proceedings in the 4-41 transcript are to be included. 4-42 Sec. 30.01458. STATEMENTS OF FACTS. (a) A statement of 4-43 facts included in the record on appeal must contain: 4-44 (1) a transcription of all or part of the municipal 4-45 court of record proceedings recorded by the court reporter before, 4-46 during, or after the trial, if the transcription is requested by a 4-47 party, a party's attorney, or the municipal judge; 4-48 (2) a brief statement of the facts of the case proven 4-49 at trial as agreed to by the defendant and the prosecuting 4-50 attorney; or 4-51 (3) a partial transcription and the agreed statement 4-52 of the facts of the case. 4-53 (b) The court reporter shall transcribe in duplicate any 4-54 portion of the recorded proceedings or the notes of the court 4-55 proceedings in the case at the request of either party or the 4-56 municipal judge. The appellant shall pay for the transcription 4-57 unless the appellant is the defendant and the court finds, after 4-58 hearing in response to an affidavit by the defendant, that the 4-59 defendant is unable to pay or give security for the transcription. 4-60 On certification by the court that the court reporter has rendered 4-61 the service without charge to the defendant, the court reporter 4-62 shall be paid for the services by the city. 4-63 Sec. 30.01459. TRANSFER OF RECORD. Not later than the 60th 4-64 day after the date on which the transcript preparation fee is paid, 4-65 the parties must file with the municipal court clerk the transcript 4-66 and the statement of facts. The clerk shall promptly forward them 4-67 to the appellate court clerk. 4-68 Sec. 30.01460. BRIEF ON APPEAL. (a) The appellant must 4-69 file a brief on appeal with the appellate court clerk not later 5-1 than the 20th day after the date on which the transcript and 5-2 statement of facts are filed with that clerk. 5-3 (b) The appellee must file the appellee's brief with the 5-4 appellate court clerk not later than the 20th day after the date on 5-5 which the appellant's brief is served on the appellee. 5-6 (c) To avoid unnecessary delay, the record and briefs on 5-7 appeal shall be limited as far as possible to the questions relied 5-8 on for reversal. 5-9 (d) On filing, each party shall immediately deliver a copy 5-10 of the brief to the opposing party. 5-11 Sec. 30.01461. PROCEDURE; DISPOSITION ON APPEAL. (a) The 5-12 appellate court shall hear appeals from the municipal court of 5-13 record at the earliest possible time with due regard to the rights 5-14 of the parties and the proper administration of justice. The court 5-15 may determine the rules for oral argument. The case may be 5-16 submitted on the record and briefs without oral argument. 5-17 (b) According to law and the nature of the case, the 5-18 appellate court may: 5-19 (1) affirm the judgment of the municipal court of 5-20 record; 5-21 (2) reverse and remand for a new trial; 5-22 (3) reverse and dismiss the case; or 5-23 (4) reform and correct the judgment. 5-24 (c) Unless the matter was made an issue in the trial court 5-25 or it affirmatively appears to the contrary from the transcript or 5-26 the statement of facts, the appellate court shall presume that: 5-27 (1) venue was proven in the trial court; 5-28 (2) the jury, if any, was properly impaneled and 5-29 sworn; 5-30 (3) the defendant was arraigned and pleaded to the 5-31 complaint; 5-32 (4) the municipal judge certified the charge and the 5-33 clerk filed the charge before it was read to the jury; and 5-34 (5) the proceedings were otherwise regular and in 5-35 accordance with the formalities required by law. 5-36 (d) In each case decided by the appellate court, the court 5-37 shall deliver a written opinion or order either sustaining or 5-38 overruling each assignment of error presented. If an assignment of 5-39 error is sustained, the court shall set forth the reasons for its 5-40 decision. The appellate court clerk shall mail copies of the 5-41 decision to the parties and to the municipal judge promptly after 5-42 the decision is rendered. 5-43 Sec. 30.01462. CERTIFICATE OF APPELLATE PROCEEDINGS. When 5-44 the judgment of the appellate court becomes final, the clerk of 5-45 that court shall certify the proceedings and the judgment and shall 5-46 mail the certificate to the clerk of the municipal court of record. 5-47 The clerk shall file the certificate with the papers in the case 5-48 and note the certificate on the case docket. If the municipal 5-49 court of record judgment is affirmed, further action to enforce the 5-50 judgment is not necessary except to: 5-51 (1) forfeit the bond of the defendant; 5-52 (2) issue a writ of capias for the defendant; or 5-53 (3) issue an execution against the defendant's 5-54 property. 5-55 Sec. 30.01463. EFFECT OF ORDER OF NEW TRIAL. If the 5-56 appellate court awards a new trial to the defendant, the case 5-57 stands as if a new trial had been granted by the municipal court of 5-58 record. 5-59 Sec. 30.01464. APPEAL TO COURT OF APPEALS. An appeal of the 5-60 appellate court decision to the court of appeals is governed by the 5-61 Code of Criminal Procedure, except that the transcript, briefs, and 5-62 statement of facts filed in the appellate court constitute the 5-63 transcript, briefs, and statement of facts on appeal to the court 5-64 of appeals unless the rules of the court of appeals provide 5-65 otherwise. 5-66 SECTION 2. The importance of this legislation and the 5-67 crowded condition of the calendars in both houses create an 5-68 emergency and an imperative public necessity that the 5-69 constitutional rule requiring bills to be read on three several 6-1 days in each house be suspended, and this rule is hereby suspended, 6-2 and that this Act take effect and be in force from and after its 6-3 passage, and it is so enacted. 6-4 * * * * *