SRC-JJJ S.B. 173 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 173
76R1217 JMC-DBy: Cain
Intergovernmental Relations
3/29/1999
As Filed


DIGEST 

Currently, the City of Tyler Municipal Court handles a high volume of
cases, due in part by the fact that any case tried in this court can
nevertheless be appealed to the county level "without any allegation of
error."  S.B. 173 would create a municipal court of record in the City of
Tyler. 

PURPOSE

As proposed, S.B. 173 establishes the creation of municipal courts of
record in Tyler. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 30, Government Code, by adding Subchapter NN, as
follows: 

SUBCHAPTER NN.  TYLER

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

Sec. 30.01512.  CREATION.  Authorizes the governing body of the city by
ordinance to create a municipal court of record, if necessary, to provide a
more efficient disposition of appeals arising from the municipal court.
Requires the court to be called the "City of Tyler Municipal Court."
Authorizes the governing body to determine and establish the number of
municipal courts required to dispose of the cases arising in the city.   

Sec. 30.01513.  APPLICATION OF OTHER LAWS.  Provides that certain types of
laws, provisions, and ordinances apply to the municipal court of record,
unless the law is in conflict with or inconsistent with this subchapter. 

Sec. 30.01514.  JUDGE.  Establishes that a municipal judge appointed to
office by the city manager will preside over the court.  Requires the judge
to be a licensed attorney in good standing with the state, and be a
resident of both the United States and the state.  Provides that the judge
is not required to live in the city.  Sets forth requirements for duties of
the judge.  Establishes that if the city manager appoints more than one
judge, one of the judges shall be appointed as the presiding municipal
judge by the city manager.  Authorizes a municipal judge to exchange
benches and to sit and act for another municipal judge. Provides that an
act performed by a municipal judge sitting for another municipal judge is
binding.  Provides that municipal judges receive a salary from the city
determined by the city manager, which may not be based on fines, fees, or
costs collected by the court. 

Sec. 30.01515.  CLERK; OTHER PERSONNEL.  Requires the city manager to
provide the municipal court of record with a clerk, who shall keep records,
issue process, and generally perform the duties that a clerk of a county
court at law performs for the court.  Requires the city manager to provide
deputy clerks, warrant officers, and other personnel required for the
proper operation of the municipal court of record.  Requires the clerk and
other court personnel to perform their duties under the direction and
control of the city manager. 
 
Sec. 30.01516.  COURT REPORTER.  Requires the city to provide a court
reporter, who meets the qualifications by law,  to preserve the record in a
case tried before the municipal court.  Requires the court clerk to appoint
the court reporter.  Requires the city manager to set the compensation of
the court reporter.  Authorizes the court reporter to preserve a record
through any one or a combination of specified methods.  Provides that a
court reporter is not required to record testimony unless the defendant,
prosecutor, or judge demands a record of testimony. 

Sec.  30.01517.  JURY.  Requires the names of prospective jurors to be
drawn from a jury wheel maintained by the Smith County district court or
maintained by the municipal court clerk with names from Tyler voter
registration rolls in Smith County. 

Sec. 30.01518.  APPEAL.  Provides that a defendant has the right to appeal
a judgment or conviction in a municipal court of record.  Specifies that
the County Court of Smith County has jurisdiction over an appeal.  Requires
the city attorney or the city attorney's designee to prosecute an appeal.
Requires the appellate court to determine each appeal from a judgment or
conviction according to the errors set forth in the defendant's motion for
new trial and presented in the transcript and statement of facts.
Prohibits an appeal from a municipal court of record from being  by trial
de novo. Requires a defendant to file a written motion for a new trial no
later than the 10th day after the judgment is rendered, to perfect an
appeal. Requires the motion to set forth the points of error on which the
defendant complains, and a point of error not set forth in the motion is
waived.  Authorizes the motion or amended motion to be amended by leave of
court, except that an amendment may not be made after a certain time.
Establishes that the original or amended motion is overruled by operation
of law, if the court does not act by a certain date.  Requires the
defendant to give notice of an appeal to perfect the appeal.  Sets forth
requirements for the defendant.   

Sec. 30.01519.  APPEAL BOND: RECORD ON APPEAL.  Authorizes a defendant who
is not in custody to appeal a municipal court of record conviction only if
the person files an appeal  with the municipal court of record.  Requires
the bond to be approved and filed no later than the 10th day after the date
the motion for new trial is overruled.  Requires a defendant in custody to
be committed to jail unless the defendant posts an appeal bond. Requires
the amount of the appeal bond to be $100 or twice the amount of fines and
costs adjudged against the defendant, whichever is greater.  Sets forth
requirements for the appeal bond.  Provides that the record on appeal
consists of a transcript and, if necessary, a statement of facts. 

Sec. 30.01520.  TRANSCRIPT; BILLS OF EXCEPTION.  Requires the court clerk,
on the written request of the defendant, to prepare under his hand and the
seal of the court a transcript of the proceedings in the municipal court of
record.  Requires the transcript to include copies of certain documents.
Authorizes the clerk to include other material related to the proceedings
if requested.  Authorizes either party to include bills of exception in the
transcript subject to the provisions of the Code of Criminal Procedure,
except that the bills of exception must be filed no later than the 60th day
after the notice of appeal is given or filed. 

Sec. 30.01521.  STATEMENT OF FACTS.  Requires a statement of facts to
contain certain documents.  Requires a court reporter to transcribe any
portion of the notes of the court proceedings.  Requires the defendant to
pay for the transcription, unless the court finds the defendant is unable
to pay or give security for the transcription.  Requires the court to order
the court reporter to prepare the transcription without charge for the
defendant.  Prohibits the transcription cost from exceeding the charge
imposed by court reporters for similar transcriptions.  

Sec. 30.01522.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.  Sets forth
the requirements for information that must be filed by the parties with the
municipal court clerk, not later than the 60th day after the date the
notice of appeal was given or filed. Requires the municipal judge, upon
completion of the record, to approve the record. Requires the clerk, upon
approval, to promptly send the record to the appellate court clerk  for
filing.  Requires the appellate court clerk to notify the defendant and
prosecuting attorney that the record has been filed. 

Sec. 30.01523.  BRIEF ON APPEAL.  Requires a defendant's brief on appeal
from a municipal court of record to present points of error, except that
the points are confined to those set forth in the motion for a new trial.
Requires the defendant to file the brief with the appellate clerk not later
than the 15th day after the date the transcript and statement of facts are
filed with that clerk.  Requires the clerk to notify the prosecuting
attorney of the filing. Requires the prosecuting attorney to file the
appellee's brief not later than the 15th day after the date the defendant's
brief was filed.  Requires each party, upon filing their brief, to provide
a copy to the opposing party. 

Sec. 30.01524.  PROCEDURE; DISPOSITION.  Requires the appellate court to
hear appeals from the municipal courts of record at the earliest possible
time.  Prohibits the court from affirming or reversing a case based on a
technical error, including an error in preparation and filing of the record
on appeal.  Authorizes the court to determine rules for oral argument.
Authorizes the parties to submit the case on the record and briefs without
oral argument. Sets forth options for judgment by the appellate court.
Requires the appellate court to presume certain facts, unless the issue was
raised in the trial court or it affirmatively appears to the contrary from
the transcript or statement of facts.  Requires the appellate court to
deliver a written opinion or order sustaining or overruling each assignment
or error presented.  Provides that the court is not required to give
reasons for overruling an assignment of error, but may cite cases on which
it relied.  Requires the court to provide reasons for the decision, if an
assignment of error is sustained.  Requires the appellate court clerk to
mail the parties and municipal judge copies of the appellate court's
decision immediately following the decision. 
   
Sec. 30.01525.  CERTIFICATE OF APPELLATE PROCEEDINGS.  Sets forth required
duties of the appellate court clerk upon final judgment in the appellate
court.  Requires the municipal clerk to file the certificate with the
papers in the case and note the certificate on the case docket.  Sets forth
actions to be taken, if the municipal court judgment is affirmed.   
Sec. 30.01526.  EFFECT OF ORDER OF NEW TRIAL.  Establishes that the case
stands as if a new trial has been granted by the municipal court of record,
if the appellate court awards a new trial to the defendant.   

Sec. 30.01527.  APPEAL TO COURT OF APPEALS.  Establishes the defendant has
the right to appeal to the court of appeals if the fine assessed exceeds
$100 and the judgment is affirmed by the appellate court.  Provides that
the Code of Criminal Procedure provisions relating to direct appeals from a
county or district court to the court of appeals  apply to the appeal.
Sets forth certain exceptions to provisions relating to appeals. 
 
SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.