Amend HB 731 as follows:
(1) In SECTION 1 of the bill, in Section 30.00008,
Government Code (Senate Committee Printing, page 3, line 45),
strike "appoint" and substitute "or charter provide for the
appointment of <appoint>".
(2) In SECTION 1 of the bill, in added Section 30.000085,
Government Code (Senate Committee Printing, page 4, lines 3-4),
strike "members of the governing body in the charter or ordinances
of the municipality" and substitute "judges in the charter of the
municipality or, if the charter does not provide for the removal of
judges, as provided by Section 1-a, Article V, Texas Constitution,
or by the procedure provided for the removal of mayors and aldermen
in a general-law municipality in Section 21.002, Local Government
Code".
(3) In SECTION 1 of the bill, in added Section 30.000126,
Government Code (Senate Committee Printing, page 5, lines 32-33),
strike "Article 27.14, Code of Criminal Procedure, and".
(4) In SECTION 1 of the bill, in added Section 30.000126,
Government Code (Senate Committee Printing, page 5, line 33),
strike "Chapter 45" and substitute "Chapters 27 and 45".
(5) In SECTION 13 of the bill, between the first and second
sentences of Section 30.00145, Government Code (Senate Committee
Printing, page 11, line 7), insert "The state has the right of
appeal as provided by Article 44.01, Code of Criminal Procedure."
(6) In SECTION 20 of the bill, in the introductory language
of the SECTION (Senate Committee Printing, page 11, line 65),
strike "Subsection (k)" and substitute "Subsections (k) and (l)".
(7) In SECTION 20 of the bill, after added Section
30.00224(k), Government Code (Senate Committee Printing, page 12,
between lines 9 and 10), insert the following:
(l) In addition to the duties imposed under Sections
30.00007(b)(1)-(4), the presiding judge shall promulgate work rules
for the administration of the municipal courts.
(8) Strike SECTION 21 of the bill (Senate Committee
Printing, page 12, lines 10-12) and substitute the following:
SECTION 21. Section 30.00225, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) Sections 30.00009(c) and (d) do not apply to this
subchapter.
(9) In SECTION 64 of the bill, in added Section 30.00674(i),
Government Code (Senate Committee Printing, page 17, line 53),
strike "Section 30.00007(b)(5) does" and substitute "Sections
30.00007(b)(5) and 30.000085 do".
(10) In SECTION 83 of the bill, in added Section
30.00894(g), Government Code (Senate Committee Printing, page 19,
line 68), strike "Section 30.00007(b)(5) does" and substitute
"Sections 30.00007(b)(5) and 30.00008(b) do".
(11) In SECTION 84 of the bill (Senate Committee Printing,
page 20, lines 3-14), strike amended Section 30.00895, Government
Code, and substitute the following:
Sec. 30.00895. CLERK. (a) The city manager<, with the
consent of the governing body of the city,> shall appoint a clerk
of the municipal courts of record. The clerk or the clerk's
deputies shall keep the records of the municipal courts of record,
issue process, and generally perform the duties for the courts that
a clerk of a county court exercising criminal jurisdiction is
required by law to perform for that court. The clerk shall perform
the duties in accordance with statutes, the city charter, and city
ordinances.
(b) Sections 30.00009(a), (c), and (d) do not apply to this
subchapter.
(12) Strike SECTION 114 of the bill (Senate Committee
Printing, page 24, lines 40-49) and substitute the following:
SECTION 114. Section 30.01216(a), Government Code, is
amended to read as follows:
(a) <A municipal court of record is presided over by a
municipal judge. The municipal judge must be a licensed attorney in
good standing in this state. The judge must be a citizen of the
United States and resident of this state but need not be a resident
of the city.> The municipal judge shall devote as much <full> time
as necessary to perform the duties of the office <as necessary>.
(13) Strike SECTION 115 of the bill (Senate Committee
Printing, page 24, lines 50-52).
(14) Strike SECTION 132 of the bill (Senate Committee
Printing, page 26, lines 67-69) and substitute the following:
SECTION 132. Section 30.01406, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) A municipal judge is entitled to receive compensation or
a salary and other benefits set by the governing body of the city.
The judge's compensation or salary may not be diminished during the
term of office. The compensation or salary may not be based
directly or indirectly on fines, fees, or other costs that the
municipal judge is required by law to collect during a term of
office.
(d) Section 30.00007 does not apply to this subchapter.
(15) In SECTION 134 of the bill, in the introductory
language of the SECTION (Senate Committee Printing, page 27, line
9), between "by" and "adding", insert "amending Subsection (e)
and".
(16) In SECTION 134 of the bill, between the introductory
language and added Section 30.01446(f), Government Code (Senate
Committee Printing, page 27, between lines 9 and 10), insert the
following:
(e) A municipal judge is entitled to compensation or a
salary and other benefits set by the governing body of the city.
The governing body may not base the compensation or salary directly
or indirectly on fines, fees, or costs collected by the court.
(17) In SECTION 137 of the bill, between added Sections
30.01751 and 30.01752, Government Code (Senate Committee Printing,
page 29, between lines 34 and 35), insert the following:
Sec. 30.017515. JUDGE. (a) A municipal court of record is
presided over by a municipal judge.
(b) A municipal judge is appointed by the mayor with the
concurrence of the governing body of the municipality and serves at
the pleasure of the governing body.
(c) A municipal judge shall:
(1) devote as much time to the office as necessary;
and
(2) take judicial notice of state law, municipal
ordinances, and the corporate limits of the municipality.
(d) If there is more than one municipal judge appointed
under Subsection (b), the mayor shall appoint one of the judges as
the presiding municipal judge.
(e) A municipal judge is entitled to a salary from the
municipality, the amount of which is determined by the governing
body of the municipality. The amount of a municipal judge's salary
may not be based directly or indirectly on fines, fees, or costs
collected by the court.
(18) In SECTION 138 of the bill, in Subdivision (1) (Senate
Committee Printing, page 29, line 44), strike "and
30.00047-30.00062" and substitute "30.00047, 30.00048, and
30.00050-30.00062".
(19) In SECTION 138 of the bill, in Subdivision (3) (Senate
Committee Printing, page 29, lines 47-48), strike "(h), and (i)"
and substitute "(h)-(k)".
(20) In SECTION 138 of the bill, in Subdivision (5) (Senate
Committee Printing, page 29, line 52), strike "and
30.00227-30.00242" and substitute "30.00227, 30.00228,
30.00229(a)-(d), and 30.00230-30.00242".
(21) In SECTION 138 of the bill, in Subdivision (17) (Senate
Committee Printing, page 30, line 6), strike "30.00674(a)-(h)" and
substitute "30.00674(a)-(f) and (h)".
(22) In SECTION 138 of the bill, in Subdivision (36) (Senate
Committee Printing, page 30, line 44), strike "30.01406(a)-(c)" and
substitute "30.01406(a) and (b)".
(23) In SECTION 138 of the bill, in Subdivision (37) (Senate
Committee Printing, page 30, line 46), strike "30.01446(a)-(e)" and
substitute "30.01446(a)-(d)".
(24) Add the following appropriately numbered SECTIONS to
the bill:
SECTION ___. Section 30.01148, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Section 30.00009(c) does not apply to this subchapter.
SECTION ____. Section 30.01408, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) Section 30.00009(c) does not apply to this subchapter.
(25) Renumber the remaining SECTIONS of the bill
accordingly.