SRC-AXB H.B. 731 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 731
By: Thompson (Ellis)
Intergovernmental Relations
5/11/1999
Engrossed


DIGEST 

Currently, there are disparities between municipal courts of record (MCR)
and general municipal courts regarding appeals and judges' qualifications.
There is also a lack of uniformity and clarity among MCRs regarding judges,
appellate procedures, and jurisdiction.  H.B. 731 streamlines Chapter 30,
Government Code, to clearly establish the qualifications, duties, salaries,
powers, terms, selection, and removal of judges of municipal courts of
record, and amends appellate procedures and jurisdiction of MCRs. 

PURPOSE

As proposed, H.B. 731 streamlines Chapter 30, Government Code, to clearly
establish the qualifications, duties, salaries, powers, terms, selection,
and removal of judges of municipal courts of record. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the appellate court in SECTION 1
(Section 30.00024(d), Government Code) in this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 30A, Government Code, as follows:

Sec.  30.00001.  New heading:  SHORT TITLE; APPLICATION.  Authorizes this
chapter to be cites as the Uniform Municipal Courts of Record Act.
Provides that this subchapter applies to each municipality listed in this
chapter, rather than certain cities.  Provides that the specific provision
of this subchapter controls in the case of a conflict. 

Sec.  30.00002.  DEFINITIONS.  Defines "appellate court," "governing body,"
"municipality," and "presiding judge."  Deletes text regarding
authorizations of the governing body and a definition for city. 

Sec.   30.00003.  CREATION OF MUNICIPAL COURTS OF RECORD.  Authorizes the
governing body to create a municipal court, rather than courts, of record
if the governing body determines it is necessary to provide a more
efficient disposition of cases arising in the municipality.  Authorizes the
ordinance to establish as many municipal courts of record (MCR) as needed
as determined by the governing body.  Requires the ordinance to give a
certain numerical designation.  Sets forth circumstances wherein a court is
required to be the "Municipal Court of Record in the City of (name of
municipality)," and sets forth provisions for the establishment of
divisions.  Prohibits an MCR from existing concurrently with a municipal
court that is not an MCR in the municipality.  Provides that an MCR has no
terms and may sit for any time for the transaction of court business.
Deletes text regarding courts, disposition, city, and enumeration. 

Sec.  30.00004. ABOLITION OF COURT.  Requires the governing body to take
certain action if it finds that an MCR is unnecessary.  Deletes text
regarding dockets of other courts. Makes conforming changes. 

 Sec.  30.00005.  JURISDICTION.  Provides that the court has jurisdiction
over, rather than of, criminal cases which arise under ordinances
authorized by Sections 215.072, 217.042, 341.903, and 401.002, Local
Government Code, rather than Article 1175(19), V.T.C.S. Authorizes the
governing body to provide that the court has concurrent jurisdiction with
certain justice courts, under certain conditions. 

Sec.  30.00006.  JUDGE.  Requires the governing body to appoint its
municipal judges, and sets forth qualification requirements of a municipal
judge.  Requires a municipal judge's term of office to be for a definite
term of two or four years, rather than other term limits. Requires the
municipal judge to take judicial notice of state law and corporate limits
of the municipality, rather than of the city.  Provides that a municipal
judge is a magistrate and is authorized to issue administrative search
warrants.  Authorizes municipal judges to exchange benches under certain
conditions, and provides that acts are binding on all parties to the
proceeding.  Sets forth provisions for the case of a potential municipal
judge being previously employed by the municipality. Requires the governing
body to determine the municipal judge's salary, and prohibits the salary
from decreasing during a term of office. Prohibits the salary from being
based on certain matters.  Makes conforming changes. 

Sec.  30.00007.  PRESIDING JUDGE.  Requires the presiding judge to
temporarily assign substitute, rather than relief, judges to exchange
benches.  Requires the presiding judge to supervise and control certain
proceedings of the court.  Deletes text regarding a municipal or relief
judge.  Makes conforming changes. 

Sec.  30.00008.  VACANCIES:  TEMPORARY REPLACEMENT.  Requires the governing
body to appoint individuals to serve for a municipal judge, under certain
conditions. Requires the presiding judge or the municipal judge to select
one person to serve during the absence of a municipal judge.  Sets forth
provisions for the substitute judge.  Deletes text regarding relief
municipal judges, compensation, and duties.  Makes nonsubstantive  and
conforming changes.  

Sec.  30.000085.  REMOVAL OF JUDGE.  Sets forth circumstances which justify
the removal of a municipal judge of a general law municipality and a
municipal judge of a homerule municipality. 

Sec.  30.00009.  CLERK; OTHER PERSONNEL.  Sets forth required
responsibilities of the municipal clerk.  Authorizes the governing body to
provide certain personnel necessary for the court's operation.  Requires
the clerk and other court personnel to perform their duties under the
presiding judge.  Requires the governing body to provide for certain
administrative duties related to the personnel authorized in the annual
budget for the clerk's office.  Deletes text regarding the municipal clerk
of the governing body of the city, consent, appointments, and salaries.
Makes nonsubstantive and conforming changes.   

Sec.  30.00010.  COURT REPORTER.  Requires the municipality, rather than
the governing body of the city, to provide a court reporter.  Requires the
court reporter to meet certain qualifications.  Authorizes the court
reporter to use video or audio recording equipment. Requires the court
reporter to keep a certain record.  Provides that the court reporter is not
required to record testimony in a case, rather than trial, unless requested
to do so.  Sets forth provisions for a good quality electronic recording
device to serve in place of a court reporter. Makes nonsubstantive and
conforming changes. 

Sec.  30.00011.  PROSECUTIONS.  Requires prosecutions to be conducted as
provided by Article 45.03, Code of Criminal Procedure, rather than by
certain attorneys or assistants.   

Sec.  30.00012.  COURT FACILITIES.  Requires the provision of certain court
facilities necessary for the operation of the MCR.  Deletes text regarding
the filing of original papers. 

Sec.  30.000125.  SEAL.  Requires the governing body to provide each MCR
with a seal. Sets forth required provisions for the seal.   

 Sec.  30.000126.  COMPLAINT; PLEADING.  Requires complaints and pleadings
to substantially conform to Article 27.14 and Chapter 45, Code of Criminal
Procedure. 

Sec.  30.00013.  JURY.  Requires ordinances, rules, and procedures relating
to juries to substantially conform to Chapter 45, Code of Criminal
Procedure.  Requires certain entities to supervise jury selection.  Deletes
text regarding offenders and plans for selection. 

Sec.  30.00014.  APPEAL.  Provides that the state has the right to appeal
as provided by Article 44.01, Code of Criminal Procedure.  Sets forth
provisions regarding the jurisdiction of appeals belonging to criminal
courts of appeal, and circumstances under which county courts at law have
jurisdiction.  Sets forth provisions for the perfection of an appeal by a
defendant in custody.  Requires a municipality to establish a transcript
preparation fee of $25. Requires the clerk to note payment of such a fee on
the court docket, and sets forth a provision for the refund of a fee.
Requires the defendant to pay certain fees.  Deletes text regarding the
prosecution of certain appeals.  Makes conforming and nonsubstantive
changes.   

Sec.  30.00015.  APPEAL BOND.  Increases the required bond amount from $50
to $100. Makes conforming changes. 

Sec.  30.00016.  RECORD ON APPEAL.  Requires the record on appeal to
substantially conform to the provisions relating to the preparation of an
appeal in the Texas Rules of Appellate Procedure and the Code of Criminal
Procedure.  Deletes text regarding the record on appeal. 

Sec.  30.00017.  TRANSCRIPT.  Requires the transcript to substantially
conform to the provisions of a transcript in the Texas Rules of Appellate
Procedure and the Code of Criminal Procedure.  Deletes text regarding
requirements of the municipal clerk. 

Sec.  30.00018.  BILLS OF EXCEPTION.  Requires bills of exception to
substantially conform to the provisions of bills of exception in the Texas
Rules of Appellate Procedure and the Code of Criminal Procedure.  Deletes
text regarding bills of exception. 

Sec.  30.00019.  STATEMENT OF FACTS.  Requires the appellant to pay for the
statement of facts.  Deletes text regarding the statement of facts.  Makes
conforming changes. 

 Sec.  30.00020.  TRANSFER OF RECORD.  Makes a nonsubstantive change.

Sec.  30.00021.  BRIEF ON APPEAL.  Requires the record and briefs on appeal
to be limited as far as possible to the questions relied on for reversal.
Makes nonsubstantive changes. 

Sec.  30.00022.  NEW TRIAL.  Requires the trial court to decide whether the
appellant should be granted a new trial.  Authorizes the court to grant a
new trial at any time before the record is filed with the appellate court. 

Sec.  30.00023.  COURT RULES.  Provides that the Texas Rules of Appellate
Procedure govern the trial of cases before the MCR.  Deletes text regarding
general law. 

Sec.  30.00024.  DISPOSITION ON APPEAL.  Authorizes the appellate court to
determine the rules for oral argument.  Authorizes the parties to submit
certain matters.  Makes a nonsubstantive change. 

Sec.  30.00025.  CERTIFICATE OF APPELLATE PROCEEDINGS.  Authorizes the
court to order a refund or conduct an indigency hearing.  Deletes text
regarding further action. Makes conforming changes. 

 Sec.  30.00026.  EFFECT OF ORDER OF NEW TRIAL.  Makes a conforming change.

Sec.  30.00027.  APPEALS TO COURT OF APPEALS.  Deletes existing text of
Section  30.00026, Government Code, regarding a seal.  Makes conforming
changes. 

SECTION 2.  Amends Section 30.00041(b), Government Code, to redefine
"appellate courts." 

SECTION 3.  Amends Section 30.00044, Government Code, by amending
Subsection (b) and adding Subsection (1), to provide that Section
30.00007(b)(5), Government Code, does not apply to this subchapter.  Makes
conforming changes. 

SECTION 4.  Amends Section 30.00046, Government Code, by adding Subsection
(c), to provide that Section 30.00010(d), Government Code, does not apply
to this subchapter. 

SECTION 5.  Amends Section 30.00081, Government Code, as follows:

 Sec.  30.00081.  New heading:  APPLICATION; DEFINITION.  Defines
"appellate courts." 

SECTION 6.  Amends Section 30.00084, Government Code, by amending
Subsection (h) and adding Subsection (j), to provide that a judge has
certain powers in addition to exercising powers under Section 30.00006,
Government Code.  Provides that Sections 30.00007(b)(1)-(3) and (5) do not
apply to this subchapter.  Deletes text regarding authorizations and
requirements of a municipal judge. 

SECTION 7.  Amends Section 30.00085, Government Code, to provide that
Sections 30.00009(c) and (d), Government Code, do not apply to this
subchapter.  Deletes text regarding clerks,' deputies,' or assistants'
duties.  Makes a conforming change. 

SECTION 8.  Amends Section 30.00086(a), Government Code, to require the
appointment of a court reporter under Section 30.00010, Government Code.
Deletes text regarding a court reporter. 

SECTION 9.  Amends Section 30.00128, Government Code, by amending
Subsection (g) and adding Subsection (l), to require the salary of the
presiding judge to comply with Section 30.00006(h), Government Code.
Provides that Section 30.0007(b), Government Code, does not apply to this
subchapter.  Deletes text regarding compensation entitlements. 

SECTION 10.  Amends Section 30.00129, Government Code, to require the
governing body of the city to satisfy the requirements of Section 30.00009,
Government Code.  Deletes text regarding the court clerk and other
personnel. 

SECTION 11.  Amends Section 30.00130, Government Code, by adding Subsection
(d), to provide that Section 30.00010(d), Government Code, does not apply
to this subchapter.  

SECTION 12.  Amends Section 30.00144(d), Government Code, to increase the
time limit for a written order for a new trial from 20 to 30 days. 

SECTION 13.  Amends Section 30.00145, Government Code, to provide that
Section 30.00014, Government Code, does not apply to this subchapter.
Makes a conforming change. 

SECTION 14.  Amends Section 30.00147(a), Government Code, to provide that a
certain appeal bond must meet the requirements of Chapter 30A, Government
Code.  Provides that a certain appeal is perfected when notice is given as
provided by Article 44.13, rather than 44.08, Code of Criminal Procedure.
Makes nonsubstantive changes. 

SECTION 15.  Amends Section 30.00181, Government Code, as follows:

Sec.  30.00181.  New heading:  APPLICATION; DEFINITION.  Defines "appellate
courts." Makes a conforming change. 

SECTION 16.  Amends Section 30.00184, Government Code, by adding Subsection
(k), to provide that Sections 30.00007(b)(1)-(3) and (5), Government Code,
do not apply to this subchapter. 

 SECTION 17.  Amends Section 30.00185, Government Code, to provide that
Sections 30.00009(c) and (d) do not apply to this subchapter.  Deletes text
regarding the clerk's duties.  Makes a conforming change. 

SECTION 18.  Amends Section 30.00186(a), Government Code, to require the
clerk of the court to appoint the court reporter under Section 30.00010.
Deletes text regarding the city's provision of an official court reporter. 

SECTION 19.  Amends Section 30.00221(b), Government Code, to redefine
"appellate courts." 

SECTION 20.  Amends Section 30.00224, Government Code, by amending
Subsection (c) and adding Subsection (k), to require a municipal judge to
satisfy the requirements of Section 30.00006(c), and to have been a
resident of the city for a minimum of three years immediately preceding the
judge's appointment.  Provides that Section 30.00007(b)(5), Government
Code, does not apply to this subchapter.  Deletes text regarding a
municipal judge's requirements. 

SECTION 21.  Amends Section 30.00226, Government Code, by adding Subsection
(c), to provide that Section 30.00010(d), Government Code, does not apply
to this subchapter. 

SECTION 22.  Amends Section 30.00261, Government Code, as follows:

 Sec.  30.00261.  New heading:  APPLICATION; DEFINITION.  Defines
"appellate courts." 

SECTION 23.  Amends Section 30.00264, Government Code, by adding Subsection
(k), to provide that Sections 30.00007(b)(1)-(3) and (5), do not apply to
this subchapter. 

SECTION 24.  Amends Section 30.00266, Government Code, to provide that
Sections 30.00009(c) and (d) do not apply to this subchapter.  Deletes text
regarding the clerk and other personnel.  Makes a conforming change. 

SECTION 25.  Amends Section 30.00267(a), Government Code, to require the
appointment of a court reporter under Section 30.00010, Government Code.
Deletes text regarding a court reporter. 

SECTION 26.  Amends Section 30.00301, Government Code, as follows:

 Sec.  30.00301.  New heading:  APPLICATION; DEFINITION.  Defines
"appellate courts." 

SECTION 27.  Amends Section 30.00304, Government Code, by amending
Subsection (b) and adding Subsection (i), to require a municipal judge to
satisfy the requirements of Section 30.00006(c), Government Code.  Provides
that Sections 30.00007(a) and (b)(5), Government Code, do not apply to this
subchapter.  Deletes text regarding municipal judge requirements. 

SECTION 28.  Amends Section 30.00305, Government Code, to provide that
Section 30.00009(c), Government Code, does not apply to this subchapter.
Deletes text regarding records.  Makes conforming changes. 

SECTION 29.  Amends Section 30.00306, Government Code, to require the
appointment of an official court reporter under Section 30.00010,
Government Code.  Provides that Section 30.00010(d), does not apply to this
subchapter.  Deletes text regarding a reporter, and makes a conforming
change. 

SECTION 30.  Amends Section 30.00341, Government Code, as follows:

Sec.  30.00341.  New heading:  APPLICATION; DEFINITION.  Defines "appellate
courts." Makes a conforming change.  

SECTION 31.  Amends 30.00344, Government Code, by adding Subsection (k), to
provide that Sections 30.00007(b)(1)-(3) and (5), Government Code, do not
apply to this subchapter. 

 SECTION 32.  Amends Section 30.00345, Government Code, to make conforming
changes. 

SECTION 33.  Amends Section 30.00346(a), Government Code, to make
conforming changes. 

SECTION 34.  Amends Section 30.00381, Government Code, as follows:

Sec.  30.00381.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 35.  Amends Section 30.00384, Government Code, by amending
Subsection (c) and adding Subsection (k), to make conforming changes. 

SECTION 36.  Amends Section 30.00385, Government Code, to make conforming
changes. 

SECTION 37.  Amends Section 30.00421, Government Code, as follows:

Sec.  30.00421.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 38.  Amends Section 30.00426, Government Code, by adding Subsection
(k), to make conforming changes. 

SECTION 39.  Amends Section 30.00427, Government Code, to make conforming
changes. 

SECTION 40.  Amends Section 30.00428(a), Government Code, to make
conforming changes. 

SECTION 41.  Amends Section 30.00461, Government Code, as follows:

Sec.  30.00461.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 42.  Amends Section 30.00464, Government Code, by adding Subsection
(f), to provide that Section 30.00007(b)(5), Government Code, does not
apply to this subchapter. 

SECTION 43.  Amends Section 30.00466, Government Code, by amending
Subsection (a) and adding Subsection (c), to make conforming changes. 

SECTION 44.  Amends Section 30.00491, Government Code, as follows:

Sec.  30.00491.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 45.  Amends Section 30.00494, Government Code, by adding Subsection
(k), to make conforming changes. 

SECTION 46.  Amends Chapter 30M, Government Code, by adding Section
30.004945, as follows: 

Sec.  30.004945.  MAGISTRATES.  Authorizes the governing body to appoint
magistrates in addition to magistrates provided under Article 2.09, Code of
Criminal Procedure. Provides that  a magistrate is not required to possess
MCR qualifications for a judge. Prohibits a magistrate from presiding over
or hearing contested cases.  Sets forth authorizations for a magistrate. 

SECTION 47.  Amends Section 30.00495, Government Code, to make conforming
changes. 

SECTION 48.  Amends Section 30.00496(a), Government Code, to make
conforming changes. 

SECTION 49.  Amends Section 30.00531, Government Code, as follows:

 Sec.  30.00531.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 50.  Amends Section 30.00534, Government Code, by adding Subsection
(f), to make conforming changes. 

SECTION 51.  Amends Section 30.00536, Government Code, by amending
Subsection (a) and adding Subsection (c), to make conforming changes. 

SECTION 52.  Amends Section 30.00561, Government Code, as follows:

Sec.  30.00561.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 53.  Amends Section 30.00564, Government Code, by adding Subsection
(k), to make conforming changes. 

SECTION 54.  Amends Section 30.00565, Government Code, to make conforming
changes. 

SECTION 55.  Amends Section 30.00566(a), Government Code, to make
conforming changes. 

SECTION 56.  Amends Section 30.00601, Government Code, as follows:

Sec.  30.00601.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 57.  Amends Section 30.00604, Government Code, by amending
Subsection (b) and adding Subsection (f), to require a municipal judge to
satisfy the requirements of Section 30.00006(c), Government Code.  Makes
conforming changes. 

SECTION 58.  Amends Section 30.00606, Government Code, by amending
Subsection (a) and adding Subsection (c), to make conforming changes. 

SECTION 59.  Amends Section 30.00631, Government Code, to define "appellate
courts" and make conforming changes. 

SECTION 60.  Amends Section 30.00634, Government Code, by amending
Subsection (d) and adding Subsection (k), to require a municipal judge to
exercise powers under Section 30.00006(e), Government Code, and make
conforming changes. 

SECTION 61.  Amends Section 30.00636, Government Code, to make conforming
changes. 

SECTION 62.  Amends Section 30.00637(a), Government Code, to make
conforming changes. 

SECTION 63.  Amends Section 30.00671, Government Code, as follows:

Sec.  30.00671.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 64.  Amends Section 30.00674, Government Code, by adding Subsection
(i), to make conforming changes. 

SECTION 65.  Amends Section 30.00675, Government Code, by adding Subsection
(c), to make conforming changes. 

SECTION 66.  Amends Section 30.00676, Government Code, to delete text
regarding a court reporter request and make conforming changes. 

SECTION 67.  Amends Section 30.00701, Government Code, as follows:
 
Sec.  30.00701.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 68.  Amends Section 30.00704, Government Code, by amending
Subsection (b) and adding Subsection (f), to make conforming changes. 

SECTION 69.  Amends Section 30.00706, Government Code, by amending
Subsection (a) and adding Subsection (c) to make conforming changes. 

SECTION 70.  Amends Section 30.00731(b), Government Code, to redefine
"appellate courts." 

SECTION 71.  Amends Section 30.00734, Government Code, by amending
Subsection (g) and adding Subsection (i), to make conforming changes. 

SECTION 72.  Amends Section 30.00737, Government Code, by adding Subsection
(d), to make conforming changes. 

SECTION 73.  Amends Section 30.00771, Government Code, as follows:

Sec.  30.00771.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 74.  Amends Section 30.00774, Government Code, by adding Subsection
(f), to make conforming changes. 

SECTION 75.  Amends Section 30.00779, Government Code, by adding Subsection
(f), to make conforming changes. 

SECTION 76.  Amends Section 30.00811, Government Code, as follows:

Sec.  30.00811.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 77.  Amends Section 30.00814, Government Code, by amending
Subsection (d) and adding Subsection (g), to require the administrative
municipal judge to perform duties under Sections 30.00007(b)(1) and (4),
Government Code.  Provides that Sections 30.00007(b)(2), (3), and (5),
Government Code, do not apply to this subchapter.  Deletes text regarding
the distribution of cases.  Makes conforming changes. 

SECTION 78.  Amends Section 30.00851, Government Code, as follows:

Sec.  30.00851.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 79.  Amends Section 30.00854, Government Code, by amending
Subsection (d) and adding Subsection (k), to require a municipal judge to
satisfy the requirements of Section 30.00006(c), Government Code, and make
conforming changes. 

SECTION 80.  Amends Section 30.00855, Government Code, to make conforming
changes. 

SECTION 81.  Amends Section 30.00856(a), Government Code, to make
conforming changes. 

SECTION 82.  Amends Section 30.00891, Government Code, as follows:

Sec.  30.00891.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 83.  Amends Section 30.00894, Government Code, by adding Subsection
(g), to provide that Section 30.00007(b)(5), Government Code, does not
apply to this subchapter. 
 
SECTION 84.  Amends Section 30.00895, Government Code, to authorize an MCR
clerk to hire, direct, and remove the personnel authorized in the city's
annual budget for the clerk's office.  Deletes text regarding the clerk's
duties and makes conforming changes. 

SECTION 85.  Amends Section 30.00896(a), Government Code, to make
conforming changes. 

SECTION 86.  Amends Section 30.00931, Government Code, as follows:

Sec.  30.00931.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 87.  Amends Section 30.00934, Government Code, by amending
Subsections (a) and (e) and adding Subsection (f), to require an appointed
municipal judge to satisfy requirements of Section 30.00006(c), Government
Code, and perform duties under Sections 30.00007(b)(1), (3), and (4),
Government Code.  Provides that Sections 30.00007(b)(2) and (3), Government
Code, do not apply to this subchapter.  Deletes text regarding municipal
judge requirements, a central docket, necessary jurors, and temporary
judges.  Makes conforming changes. 

SECTION 88.  Amends Section 30.00939, Government Code, by adding Subsection
(d), to make conforming changes. 

SECTION 89.  Amends Section 30.00971, Government Code, as follows:

Sec.  30.00971.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 90.  Amends Section 30.00976, Government Code, by adding Subsection
(e), to make a conforming change. 

SECTION 91.  Amends Section 30.00977, Government Code, to make conforming
changes. 

SECTION 92.  Amends Section 30.00978(a), Government Code, to make
conforming changes. 

SECTION 93.  Amends Section 30.01011, Government Code, as follows:

Sec.  30.01011.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 94.  Amends Section 30.01014, Government Code, by amending
Subsections (d) and (j) and adding Subsection (k), to make conforming
changes. 

SECTION 95.  Amends Section 30.01015, Government Code, to make conforming
changes. 

SECTION 96.  Amends Section 30.01016(a), Government Code, to make
conforming changes. 

SECTION 97.  Amends Section 30.01051, Government Code, as follows:

Sec.  30.01051.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 98.  Amends Section 30.01054, Government Code, by amending
Subsection (d) and adding Subsection (k), to make conforming changes. 

SECTION 99.  Amends Section 30.01055, Government Code, to make conforming
changes. 

SECTION 100.  Amends Section 30.01056(a), Government Code, to require the
presiding judge, rather than the clerk of the court, to appoint the court
reporter under Section 30.00010, Government Code.   Deletes text regarding
a court reporter.   

 SECTION 101.  Amends Section 30.01091, Government Code, as follows:

Sec.  30.01091.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 102.  Amends Section 30.01096, Government Code, by amending
Subsection (a) and adding Subsections (d) and (e), to require a presiding
municipal judge to maintain residence in the city during the tenure of
office, in addition to satisfying the requirements of Section 30.00006(c),
Government Code.  Authorizes an MCR to be presided over by an assistant
municipal judge. Deletes text regarding a municipal judge, and makes
conforming changes. 

SECTION 103.  Amends Chapter 30CC, Government Code, by adding Section
30.010975, as follows: 

Sec.  30.010975.  AUTOMATIC RESIGNATION.  Sets forth conditions which
constitute an automatic resignation of certain appointments, and provides
an effective date for such a resignation. 

SECTION 104.  Amends Section 30.01098, Government Code, by amending
Subsection (a) and adding Subsection (d), to make conforming changes. 

SECTION 105.  Amends Section 30.01131, Government Code, as follows:

Sec.  30.01131.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 106.  Amends Section 30.01134, Government Code, by amending
Subsection (d) and adding Subsection (k), to make conforming changes. 

SECTION 107.  Amends Section 30.01135, Government Code, to make conforming
changes. 

SECTION 108.  Amends Section 30.01136(a), Government Code, to make
conforming changes. 

SECTION 109.  Amends Section 30.01171, Government Code, as follows:

Sec.  30.01171.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 110.  Amends Section 30.01174, Government Code, by amending
Subsection (d) and adding Subsection (k), to make conforming changes. 

SECTION 111.  Amends Section 30.01175, Government Code, to make conforming
changes. 

SECTION 112.  Amends Section 30.01176(a), Government Code, to make
conforming changes. 

SECTION 113.  Amends Section 30.01211, Government Code, as follows:

Sec.  30.01211.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 114.  Amends Section 30.01216, Government Code, by amending
Subsection (a) and adding Subsection (d), to provide that Section 30.00007,
Government Code, does not apply to this subchapter, and delete text
regarding municipal judge requirements. 

SECTION 115.  Amends Section 30.01218, Government Code, by adding
Subsection (d), to provide that Section 30.00009, Government Code, does not
apply to this subchapter. 

SECTION 116.  Amends Section 30.01219(a), Government Code, to make
conforming changes. 

 SECTION 117.  Amends Section 30.01251, Government Code, as follows:

Sec.  30.01251.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 118.  Amends Section 30.01254, Government Code, by amending
Subsection (d) and adding Subsection (k), to make conforming changes. 

SECTION 119.  Amends Section 30.01256, Government Code, to make conforming
changes. 

SECTION 120.  Amends Section 30.01257(a), Government Code, to make
conforming changes. 

SECTION 121.  Amends Section 30.01291, Government Code, as follows:

Sec.  30.01291.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 122.  Amends Section 30.01294, Government Code, to make conforming
changes. 

SECTION 123.  Amends Section 30.01295, Government Code, to make conforming
changes. 

SECTION 124.  Amends Sections 30.01296(b) and (c), Government Code, to
provide that an official court reporter transcribes proceedings, and delete
text regarding a record request and a record provided by the city. 

SECTION 125.  Amends Section 30.01321, Government Code, as follows:

Sec.  30.01321.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 126.  Amends Section 30.01326, Government Code, by amending
Subsection (d) and adding Subsection (g), to require a municipal judge to
exercise powers under Section 30.00006(e), Government Code, and provide
that Section 30.00007(b)(5), Government Code, does not apply to this
subchapter. 

SECTION 127.  Amends Section 30.01329(a), Government Code, to require the
clerk of the court to appoint the court reporter under Section 30.00010,
Government Code. 

SECTION 128.  Amends Section 30.01371, Government Code, as follows:

Sec.  30.01371.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 129.  Amends  Section 30.01374, Government Code, by amending
Subsection (d) and adding Subsection (k), to make conforming changes. 

SECTION 130.  Amends Section 30.01376(a), Government Code, to make
conforming changes.   

SECTION 131.  Amends Section 30.01401, Government Code, as follows:

Sec.  30.01401.  New Heading:  APPLICATION;  DEFINITION.  Defines
"appellate courts" and makes conforming changes. 

SECTION 132.  Amends Section 30.01406, Government Code, by adding
Subsection (d), to make a conforming change. 

SECTION 133.  Amends Section 30.01441, Government Code, to define
"appellate courts" and make conforming changes. 

 SECTION 134.  Amends Section 30.01446, Government Code, by adding
Subsection (f), to make conforming changes. 

SECTION 135.  Amends Chapter 30, Government Code, by adding Subchapters
NN-RR, as follows: 

SUBCHAPTER NN.  TYLER

 Sec.  30.01511.  APPLICATION.  Provides that this subchapter applies to
the City of Tyler. 

Sec.  30.01512.  JUDGE.  Provides that an appointed municipal judge
presides over an MCR.  Sets forth provisions for the use of a city manager
appointing multiple municipal judges.  Entitles a municipal judge to a
certain salary.  Prohibits the decrease of such a salary during the judge's
term of office.  Prohibits the salary from being based on certain amounts. 

Sec.  30.01513.  CLERK; OTHER PERSONNEL.  Requires the city manager to
provide a clerk of the MCR.  Requires the city manager to provide other
personnel as necessary for the proper operation of the MCR.  Requires
certain entities to perform their duties under the direction and control of
the city manager. 

Sec.   30.01514.  COURT REPORTER.  Requires the municipal court clerk to
appoint the court reporter. 

Sec.  30.01515.  APPEAL.  Provides that the County Court of Smith County
has jurisdiction over an appeal. 

SUBCHAPTER OO.  SANSOM PARK

Sec.  30.01541.  APPLICATION.  Provides that this subchapter applies to the
City of Sansom Park. 

Sec.  30.01542.  MAGISTRATES.  Authorizes the governing body to appoint
magistrates as additions to those provided under Article 2.09, Code of
Criminal Procedure.  Limits a magistrate's qualifications.  Prohibits a
magistrate from presiding over the court or hearing contested cases.  Sets
forth authorized actions of the magistrate. 

Sec.  30.01543.  CLERK; OTHER PERSONNEL.  Requires the city administrator
to appoint a clerk of the MCR, and sets forth duties for the clerk. 

Sec.  30.01544.  COURT REPORTER.  Requires the clerk of the court to
appoint a court reporter. 

Sec.  30.01545.  APPEAL.  Provides that the county criminal courts of
Tarrant County have jurisdiction over an appeal. 

Sec.  30.01546.  JOINT COURTS:  CREATION.  Authorizes the governing body of
the city to contract with certain municipalities to establish a joint MCR
to serve the contracting municipalities.  Provides that such a joint court
replaces each municipality's individual MCR. 

Sec.  30.01547.  JOINT COURT:  JUDGES.  Provides that a joint MCR is
presided over by a municipal judge or alternate  who is appointed for two
years by a majority vote of each of the participating governing bodies.
Sets forth provisions and justifications for the removal of a joint MCR
judge. 

Sec.  30.01548.  JOINT COURTS:  JURISDICTION.  Provides that the combined
jurisdiction of contracting municipalities composes the jurisdiction of the
joint MCR. Provides that an appeal from a joint MCR is to the county
criminal court of the county in which the offense occurred, or the county
court of law of the county. 

 Sec.  30.01549.  JOINT COURT:  PROSECUTING ATTORNEY.  Sets forth
provisions for the provision and selection of a prosecuting attorney. 

Sec.  30.01550.  JOINT COURT:  APPLICABLE LAW.  Requires the municipalities
to select an enabling statute as the source of applicable procedural
requirements for the operation of the joint MCR.  Provides that all of
those provisions apply to the operation of the joint MCR, and sets forth
provisions for a conflict.  Requires certain matters to be resolved by the
contract under Section 30.01546, Government Code.  

SUBCHAPTER PP.  FARMERS BRANCH

Sec.  30.01591.  APPLICATION.  Provides that this subchapter applies to the
City of Farmers Branch. 

Sec.  30.01592.  CREATION.  Requires the governing body of the city to use
certain procedures in determining the method of selecting the MCR judge, on
the creation of the initial MCR. 

Sec.  30.01593.  CLERK; OTHER PERSONNEL.  Requires the city manager to
appoint a municipal court clerk.  Sets forth authorized actions of the
clerk. 

Sec.  30.01594.  COURT REPORTER.  Requires the clerk of the court to
appoint the court reporter. 

Sec.  30.01595.  APPEAL.  Provides that the county criminal courts of
appeal of Dallas County have jurisdiction of appeals from the MCR. 

SUBCHAPTER QQ.  HILL COUNTRY VILLAGE

Sec.  30.01631.  APPLICATION.  Provides that this subchapter applies to the
City of Hill Country Village. 

Sec.  30.01632.  CLERK; OTHER PERSONNEL.  Requires the city secretary to be
the clerk of the MCR, and makes conforming changes. 

 Sec.  30.01633.  COURT REPORTER.  Makes conforming changes.

Sec.  30.01634.  APPEAL.  Provides that the county courts at law of Bexar
County have jurisdiction over an appeal. 

SUBCHAPTER RR.  RIO BRAVO

Sec.  30.01691.  APPLICATION.  Provides that this subchapter applies to the
City of Rio Bravo. 

Sec.  30.01692.  CLERK; OTHER PERSONNEL.  Requires the city manager or the
city administrator to appoint a clerk of the MCR, and makes conforming
changes. 

 Sec.  30.01693.  COURT REPORTER.  Makes conforming changes.

Sec.  30.01694.  APPEAL.  Provides that the county courts at law of Webb
County have jurisdiction over an appeal. 

SECTION 136.  Amends Chapter 30, Government Code, by adding Subchapter SS,
as follows: 

SUBCHAPTER SS.  LIVE OAK

Sec.  30.01721.  APPLICATION.  Provides that this subchapter applies to the
City of Live Oak. 
 
 Sec.  30.01722.  CLERK; OTHER PERSONNEL.  Makes conforming changes.

 Sec.  30.01723.  COURT REPORTER.  Makes conforming changes.

 Sec.  30.01724.  APPEAL.  Makes conforming changes.

SECTION 137.  Amends Chapter 30, Government Code, by adding Subchapter TT,
as follows: 

SUBCHAPTER TT.  FLOWER MOUND

Sec.  30.01751.  APPLICATION.  Provides that this subchapter applies to the
Town of Flower Mound. 

Sec.  30.01752.  COURT REPORTER.  Requires the municipal court clerk to
appoint the court reporter.  Requires the town manager to set the court
reporter's compensation. 

Sec.  30.01753.  APPEAL.  Requires the appropriate county court of Denton
County to have jurisdiction over any appeal. 

SECTION 138.  Repealers:

(1)  30.00042, 30.00043, 30.00044(a), (d)-(i), and (k), 30.00045,
30.00046(a) and (b), and 30.00047-30.00062, Government Code. 

(2)  30.00082, 30.00083, 30.00084(a)-(g) and (i), 30.00086(b)-(d), and
30.00087-30.00101, Government Code. 

(3)  30.00124-30.00127, 30.00128(a), (c), (d), (h), and (i),
30.00131-30.00135, 30.0014830.00161, and 30.00163, Government Code. 

(4)  30.00182, 30.00183, 30.00184(a)-(j), 30.00186(b)-(d), and
30.00187-30.00201, Government Code. 

(5)  30.00222, 30.00223, 30.00224(a), (b), and (d)-(j), 30.00225, and
30.00227-30.00242, Government Code. 

(6)  30.00262, 30.0263, 30.0264(a)-(j), 30.00267(b)-(d), and
30.00268-30.00282, Government Code. 

(7)  30.00302, 30.00303, 30.00304(a) and (c)-(h), 30.00307, 30.00309, and
30.0031130.00322, Government Code. 

(8)  30.00342, 30.00343, 30.00344(a)-(j), 30.00346(b)-(d), and
30.00347-30.00361, Government Code. 

(9)  30.00382, 30.00383, 30.00384(a), (b), and (d)-(j), 30.00386, 30.00387,
and 360.0038930.00402, Government Code. 

(10)  30.00422-30.00425, 30.00426(a)-(j), 30.00428(b)-(d), and
30.00429-30.00444, Government Code. 

(11)  30.00462, 30.00463, 30.00464(a) and (c)-(e), 30.00465(a) and (c),
30.00466(b), and 30.00467-30.00476, Government Code. 

(12)  30.00492, 30.00493, 30.00494(a)-(j), 30.00496(b)-(d), and
30.00497-30.00511, Government Code. 

(13)  30.00532, 30.00533, 30.00534(a)-(e), 30.00535, 30.00536(b), and
30.00537-30.00547, Government Code. 
 
(14)  30.00562, 30.00563, 30.00564(a)-(j), 30.00566(b)-(d), and
30.00567-30.00581, Government Code. 

(15)  30.00602, 30.00603, 30.00604(a) and (c)-(e), 30.00605(a) and (c),
30.00606(b), and 30.00607-30.00616, Government Code. 

(16)  30.00632, 30.00633, 30.00634(a)-(c) and (e)-(j), 30.00637(b)-(d), and
30.0063830.00652, Government Code. 

(17)  30.00672, 30.00673, 30.00674(a)-(h), 30.00675, and 30.00677-30.00688,
Government Code. 

(18)  30.00702, 30.00703, 30.00704(a) and (c)-(e), 30.00705, 30.00706(b),
and 30.0070730.00717, Government Code. 

(19)  30.00732, 30.00733, 30.00734(a)-(f) and (h), 30.00735,
30.00737(a)-(c), and 30.0073830.00754, Government Code. 

(20)  30.00772, 30.00773, 30.00774(a)-(e), 30.00775-30.00777,
30.00779(a)-(e), and 30.00780-30.00794, Government Code. 

(21)  30.00812, 30.00813, 30.00814(a)-(c), (e), and (f), 30.00815-30.00817,
and 30.0081930.00839, Government Code. 

(22)  30.00852, 30.00853, 30.00854(a)-(c) and (e)-(j), 30.00856(b)-(d), and
30.0085730.00871, Government Code. 

(23)  30.00892, 30.00893, 30.00894(a)-(f), 30.00896(b)-(d), and
30.00897-30.00910, Government Code. 

(24)  30.00932, 30.00933, 30.00934(b)-(d), 30.00935, 30.00936, 30.00938,
30.00939(b) and (c), and 30.00940-30.00954, Government Code. 

(25)  30.00972-30.00975, 30.00976(a)-(d), 30.00978(b) and (d), and
30.00979-30.00992, Government Code. 

(26)  30.01012, 30.01013, 30.01014(a)-(c) and (e)-(i), 30.01016(b)-(d), and
30.0101730.01032, Government Code. 

(27)  30.01052, 30.01053, 30.01054(a)-(c) and (e)-(j), 30.01056(b)-(d), and
30.0105730.01071, Government Code. 

(28)  30.01092-30.01095, 30.01096(b) and (c), 30.01097, 30.01098(b) and
(c), 30.01099(b)(e), and 30.01100-30.01113, Government Code. 

(29)  30.01132, 30.01133, 30.01134(a)-(c) and (e)-(j), 30.01136(b)-(e), and
30.0113730.01151, Government Code. 

(30)  30.01172, 30.01173, 30.01174(a)-(c) and (e)-(j), 30.01176(b)-(d), and
30.0117730.01191, Government Code. 

(31)  30.01212-30.01215, 30.01216(b) and (c), 30.01217, 30.01218(b),
30.01219(b)-(e), and 30.01220-30.01233, Government Code. 

(32)  30.01252, 30.01253, 30.01254(a)-(c) and (e)-(j), 30.01257(b)-(d), and
30.0125830.01272, Government Code. 

(33)  30.01292, 30.01293, 30.01294(a)-(c) and (e)-(j), and
30.01297-30.01311, Government Code. 
 
(34)  30.01322-30.01325, 30.01326(a)-(c), (e), and (f), 30.01327,
30.01328(c), 30.01329(b)(e), and 30.01330-30.01345, Government Code. 

(35)  30.01372, 30.01373, 30.01374(a)-(c) and (e)-(j), 30.01376(b)-(d), and
30.0137730.01391, Government Code. 

 (36)  30.01402-30.01405, 30.01406(a)-(c), 30.01407, 30.01409-30.01423,
Government Code. 

(37)  30.01442-30.01445, 30.01446(a)-(e), 30.01447, 30.01448(c) and
30.01449-30.01464, Government Code. 

SECTION 139.  (a)  Effective date:  September 1, 1999.

(b)  Provides that a municipal judge serving on the effective date of this
Act continues to serve out the elected or appointed term. 

(c)  Provides that a clerks, court reporters, or other court staff members,
continue to serve out their terms, or serve until another person is
appointed to that position. 

 (d)  Makes application of this Act prospective regarding an offense.

SECTION 140.  Emergency clause.