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 * * * * *