AN ACT
1-1 relating to the municipal courts of record in Garland.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 30.453, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 30.453. JURISDICTION. (a) A municipal court of record
1-6 has the jurisdiction provided by general law for municipal courts.
1-7 (b) A municipal court of record also has jurisdiction over
1-8 cases arising outside the territorial limits of the municipality
1-9 [city] under the ordinances authorized by Sections 215.072,
1-10 217.042, 341.903, and 401.002, Local Government Code [Subdivision
1-11 19, Article 1175, Revised Statutes].
1-12 SECTION 2. Section 30.454, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 30.454. JUDGE. (a) Each municipal court of record is
1-15 presided over by a judge, who shall be known as the "city judge" or
1-16 the "municipal judge." If there is more than one municipal judge
1-17 in the city, the governing body of the city shall appoint one of
1-18 the judges as chief judge. Each municipal [The] judge must be an
1-19 attorney licensed to practice law in this state. The governing
1-20 body of the city shall appoint each municipal judge for a term of
1-21 one year.
1-22 (b) A municipal judge is entitled to a salary set by the
1-23 governing body of the city.
2-1 (c) A municipal judge may be removed from office by the
2-2 governing body of the city at any time for incompetency,
2-3 misconduct, malfeasance, or disability.
2-4 (d) The governing body of the city may appoint alternate
2-5 city judges and may designate the order of their priority to act
2-6 for a municipal judge if the municipal judge is unavailable or
2-7 fails to act for any reason or if there is a vacancy in the office
2-8 of municipal judge. An alternate judge, while serving, has all the
2-9 powers and shall discharge all the duties of a municipal court
2-10 judge. An alternate judge must have the same qualifications as a
2-11 municipal court judge.
2-12 (e) If there is more than one municipal court of record in
2-13 the city, the judges may exchange benches and may sit and act for
2-14 each other in any proceeding pending in the courts. An act
2-15 performed by any of the judges is binding on all parties to the
2-16 proceeding.
2-17 (f) A municipal judge shall take judicial notice of the city
2-18 ordinances and the territorial limits of the municipality in a case
2-19 tried before a municipal court of record.
2-20 SECTION 3. Section 30.456, Government Code, is amended to
2-21 read as follows:
2-22 Sec. 30.456. COURT REPORTER. (a) For the purpose of
2-23 preserving a record in all cases tried and proceedings held before
2-24 the municipal courts, the [governing body of the] city shall
2-25 provide an official court reporter. The official court reporter
3-1 shall be appointed by the chief judge and must have the
3-2 qualifications required by general law for official court
3-3 reporters. The court reporter shall be compensated in the manner
3-4 determined by the governing body of the city.
3-5 (b) The court reporter may use written notes, transcribing
3-6 equipment, recording equipment, or a combination of these methods
3-7 to prepare a transcript of the proceedings of the court. The court
3-8 reporter shall keep the record for the 20-day period beginning on
3-9 the day after the last day of the court proceeding, trial, or
3-10 denial of a motion for new trial, whichever occurs last.
3-11 (c) The court reporter is not required to record testimony
3-12 in a case or any other proceeding before the court unless the judge
3-13 or one of the parties requests a [shall certify the official]
3-14 record. A party's request for a record must be in writing and must
3-15 be filed with the court before trial or before any proceeding for
3-16 which a record is requested.
3-17 (d) The governing body may provide that, instead of
3-18 providing a court reporter at trial or during any other court
3-19 proceeding, proceedings in a municipal court of record may be
3-20 recorded by a good-quality electronic recording device. No record
3-21 is required to be kept unless requested as provided by Subsection
3-22 (c). If the governing body authorizes the electronic recording,
3-23 the court reporter need not be present at trial to certify the
3-24 statement of facts or a transcription of any proceeding. The
3-25 recording shall be kept and stored for the 20-day period beginning
4-1 on the day after the last day of the court proceeding, trial, or
4-2 denial of a motion for new trial, whichever occurs last.
4-3 Proceedings that are appealed shall be transcribed from the
4-4 recording by an official court reporter [court reporter is not
4-5 required to record testimony in a trial unless the judge or one of
4-6 the parties requests a record].
4-7 SECTION 4. Subsections (b) and (c), Section 30.461,
4-8 Government Code, are amended to read as follows:
4-9 (b) To perfect an appeal, the defendant must file a motion
4-10 for new trial not later than the fifth day after the date on which
4-11 the judgment and sentence are rendered. The motion must be in
4-12 writing and must be filed with the clerk of the municipal courts of
4-13 record. The motion constitutes the assignments of error on appeal.
4-14 A ground of error not set forth in the motion is waived. If the
4-15 court does not rule on the motion before the 21st day after the
4-16 date the motion is filed, the motion is overruled by operation of
4-17 law.
4-18 (c) To perfect an appeal, the defendant must also give
4-19 notice of appeal. To give notice of appeal, the defendant must
4-20 file a written notice of appeal with the court and pay [After an
4-21 order overruling a motion for new trial, the defendant may give
4-22 notice of appeal by paying] the $10 transcript preparation fee not
4-23 later than the 10th day after the date on which the motion for new
4-24 trial is overruled. The clerk shall note the payment of the fee on
4-25 the docket of the court. If the case is reversed on appeal, the
5-1 fee shall be refunded to the defendant.
5-2 SECTION 5. This Act takes effect September 1, 1997.
5-3 SECTION 6. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1956 passed the Senate on
May 16, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1956 passed the House on
May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor