1-1     By:  Carona                                           S.B. No. 1956

 1-2           (In the Senate - Filed May 13, 1997; May 13, 1997, read first

 1-3     time and referred to Committee on Jurisprudence; May 15, 1997,

 1-4     reported favorably by the following vote:  Yeas 6, Nays 0;

 1-5     May 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the municipal courts of record in Garland.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 30.453, Government Code, is amended to

1-11     read as follows:

1-12           Sec. 30.453.  JURISDICTION.  (a)  A municipal court of record

1-13     has the jurisdiction provided by general law for municipal courts.

1-14           (b)  A municipal court of record also has jurisdiction over

1-15     cases arising outside the territorial limits of the municipality

1-16     [city] under the ordinances authorized by Sections 215.072,

1-17     217.042, 341.903, and 401.002, Local Government Code [Subdivision

1-18     19, Article 1175, Revised Statutes].

1-19           SECTION 2.  Section 30.454, Government Code, is amended to

1-20     read as follows:

1-21           Sec. 30.454.  JUDGE.  (a)  Each municipal court of record is

1-22     presided over by a judge, who shall be known as the "city judge" or

1-23     the "municipal judge."  If there is more than one municipal judge

1-24     in the city, the governing body of the city shall appoint one of

1-25     the judges as chief judge.  Each municipal [The] judge must be an

1-26     attorney licensed to practice law in this state.  The governing

1-27     body of the city shall appoint each municipal judge for a term of

1-28     one year.

1-29           (b)  A municipal judge is entitled to a salary set by the

1-30     governing body of the city.

1-31           (c)  A municipal judge may be removed from office by the

1-32     governing body of the city at any time for incompetency,

1-33     misconduct, malfeasance, or disability.

1-34           (d)  The governing body of the city may appoint alternate

1-35     city judges and may designate the order of their priority to act

1-36     for a municipal judge if the municipal judge is unavailable or

1-37     fails to act for any reason or if there is a vacancy in the office

1-38     of municipal judge.  An alternate judge, while serving, has all the

1-39     powers and shall discharge all the duties of a municipal court

1-40     judge.  An alternate judge must have the same qualifications as a

1-41     municipal court judge.

1-42           (e)  If there is more than one municipal court of record in

1-43     the city, the judges may exchange benches and may sit and act for

1-44     each other in any proceeding pending in the courts.  An act

1-45     performed by any of the judges is binding on all parties to the

1-46     proceeding.

1-47           (f)  A municipal judge shall take judicial notice of the city

1-48     ordinances and the territorial limits of the municipality in a case

1-49     tried before a municipal court of record.

1-50           SECTION 3.  Section 30.456, Government Code, is amended to

1-51     read as follows:

1-52           Sec. 30.456.  COURT REPORTER.  (a)  For the purpose of

1-53     preserving a record in all cases tried and proceedings held before

1-54     the municipal courts, the [governing body of the] city shall

1-55     provide an official court reporter.  The official court reporter

1-56     shall be appointed by the chief judge and must have the

1-57     qualifications required by general law for official court

1-58     reporters.  The court reporter shall be compensated in the manner

1-59     determined by the governing body of the city.

1-60           (b)  The court reporter may use written notes, transcribing

1-61     equipment, recording equipment, or a combination of these methods

1-62     to prepare a transcript of the proceedings of the court.  The court

1-63     reporter shall keep the record for the 20-day period beginning on

1-64     the day after the last day of the court proceeding, trial, or

 2-1     denial of a motion for new trial, whichever occurs last.

 2-2           (c)  The court reporter is not required to record testimony

 2-3     in a case or any other proceeding before the court unless the judge

 2-4     or one of the parties requests a [shall certify the official]

 2-5     record.  A party's request for a record must be in writing and must

 2-6     be filed with the court before trial or before any proceeding for

 2-7     which a record is requested.

 2-8           (d)  The governing body may provide that, instead of

 2-9     providing a court reporter at trial or during any other court

2-10     proceeding, proceedings in a municipal court of record may be

2-11     recorded by a good-quality electronic recording device.  No record

2-12     is required to be kept unless requested as provided by Subsection

2-13     (c).  If the governing body authorizes the electronic recording,

2-14     the court reporter need not be present at trial to certify the

2-15     statement of facts or a transcription of any proceeding.  The

2-16     recording shall be kept and stored for the 20-day period beginning

2-17     on the day after the last day of the court proceeding, trial, or

2-18     denial of a motion for new trial, whichever occurs last.

2-19     Proceedings that are appealed shall be transcribed from the

2-20     recording by an official court reporter [court reporter is not

2-21     required to record testimony in a trial unless the judge or one of

2-22     the parties requests a record].

2-23           SECTION 4.  Subsections (b) and (c), Section 30.461,

2-24     Government Code, are amended to read as follows:

2-25           (b)  To perfect an appeal, the defendant must file a motion

2-26     for new trial not later than the fifth day after the date on which

2-27     the judgment and sentence are rendered. The motion must be in

2-28     writing and must be filed with the clerk of the municipal courts of

2-29     record.  The motion constitutes the assignments of error on appeal.

2-30     A ground of error not set forth in the motion is waived.  If the

2-31     court does not rule on the motion before the 21st day after the

2-32     date the motion is filed, the motion is overruled by operation of

2-33     law.

2-34           (c)  To perfect an appeal, the defendant must also give

2-35     notice of appeal.  To give notice of appeal, the defendant must

2-36     file a written notice of appeal with the court and pay [After an

2-37     order overruling a motion for new trial, the defendant may give

2-38     notice of appeal by paying] the $10 transcript preparation fee not

2-39     later than the 10th day after the date on which the motion for new

2-40     trial is overruled.  The clerk shall note the payment of the fee on

2-41     the docket of the court.  If the case is reversed on appeal, the

2-42     fee shall be refunded to the defendant.

2-43           SECTION 5.  This Act takes effect September 1, 1997.

2-44           SECTION 6.  The importance of this legislation and the

2-45     crowded condition of the calendars in both houses create an

2-46     emergency and an imperative public necessity that the

2-47     constitutional rule requiring bills to be read on three several

2-48     days in each house be suspended, and this rule is hereby suspended.

2-49                                  * * * * *