By Berman H.B. No. 651
76R3762 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of municipal courts of record in Tyler.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 30, Government Code, is amended by adding
1-5 Subchapter NN to read as follows:
1-6 SUBCHAPTER NN. TYLER
1-7 Sec. 30.01511. APPLICATION. This subchapter applies to the
1-8 City of Tyler.
1-9 Sec. 30.01512. CREATION. The governing body of the city may
1-10 by ordinance create a municipal court of record if it determines
1-11 that the formation of the court is necessary to provide a more
1-12 efficient disposition of appeals arising from the municipal court.
1-13 The municipal court of record shall be known as the "City of Tyler
1-14 Municipal Court." The governing body may determine and establish
1-15 the number of municipal courts of record that are required to
1-16 dispose of the cases arising in the city.
1-17 Sec. 30.01513. APPLICATION OF OTHER LAWS. The general law
1-18 regarding municipal courts, the general law regarding justice
1-19 courts on matters not covered by the law regarding municipal
1-20 courts, and any charter provision or ordinance of the city relating
1-21 to the municipal court apply to a municipal court of record unless
1-22 the law, charter provision, or ordinance is in conflict or
1-23 inconsistent with this subchapter.
1-24 Sec. 30.01514. JUDGE. (a) A municipal court of record is
2-1 presided over by a municipal judge appointed to office by the city
2-2 manager in the manner provided by the city charter.
2-3 (b) A municipal judge must be a licensed attorney in good
2-4 standing in this state. The judge must be a citizen of the United
2-5 States and a resident of this state. The judge is not required to
2-6 be a resident of the city.
2-7 (c) A municipal judge shall:
2-8 (1) devote as much time to the office as is necessary;
2-9 and
2-10 (2) take judicial notice of the city ordinances.
2-11 (d) If the city manager appoints more than one municipal
2-12 judge under Subsection (a), the city manager shall appoint one of
2-13 the municipal judges as the presiding municipal judge.
2-14 (e) A municipal judge may exchange benches and may sit and
2-15 act for another municipal judge in any proceeding pending in a
2-16 municipal court. An act performed by a municipal judge sitting for
2-17 another municipal judge is binding on all parties to the
2-18 proceeding.
2-19 (f) A municipal judge is entitled to a salary from the city
2-20 the amount of which is determined by the city manager. A municipal
2-21 judge's salary may not be based directly or indirectly on fines,
2-22 fees, or costs collected by the court.
2-23 Sec. 30.01515. CLERK; OTHER PERSONNEL. (a) The city
2-24 manager shall provide a clerk of the municipal courts of record.
2-25 The clerk shall keep the records of the municipal courts of record,
2-26 issue process, and generally perform the duties for the courts that
2-27 a clerk of a county court at law exercising criminal jurisdiction
3-1 performs for that court.
3-2 (b) The city manager shall provide deputy clerks, warrant
3-3 officers, and other personnel as needed for the proper operation of
3-4 the municipal courts of record.
3-5 (c) The clerk and other court personnel shall perform their
3-6 duties under the direction and control of the city manager.
3-7 Sec. 30.01516. RECORDING AND TRANSCRIPTION. The city shall
3-8 provide recording and transcription services for the purpose of
3-9 preserving the record in a case tried before the municipal court of
3-10 record. A record may be preserved through written notes,
3-11 transcribing equipment, recording equipment, or a combination of
3-12 those methods. Testimony is not required to be preserved if a
3-13 record is not demanded by the defendant, the prosecutor, or the
3-14 judge.
3-15 Sec. 30.01517. JURY. The names of prospective jurors for
3-16 service in the municipal court of record shall be drawn from a jury
3-17 wheel maintained by the district court of Smith County or from a
3-18 jury wheel maintained by the clerk of the municipal court of record
3-19 with names from Tyler voter registration and driver's license rolls
3-20 in Smith County.
3-21 Sec. 30.01518. APPEAL. (a) A defendant has the right to
3-22 appeal a judgment or conviction in a municipal court of record as
3-23 provided by this subchapter. The County Court of Smith County has
3-24 jurisdiction over an appeal. The city attorney or the city
3-25 attorney's designee shall prosecute an appeal.
3-26 (b) The appellate court shall determine each appeal from a
3-27 municipal court of record judgment or conviction according to the
4-1 errors set forth in the defendant's motion for new trial and
4-2 presented in the transcript and statement of facts prepared from
4-3 the municipal court of record proceedings. An appeal from a
4-4 municipal court of record may not be by trial de novo.
4-5 (c) To perfect an appeal, the defendant must file a written
4-6 motion for new trial not later than the 10th day after the date
4-7 judgment is rendered. The motion must set forth the points of
4-8 error on which the defendant complains. A point of error that is
4-9 not set forth in the motion is waived. The motion or an amended
4-10 motion may be amended by leave of court at any time before the
4-11 court acts on the motion, except that an amendment may not be made
4-12 later than the 20th day after the date the original or amended
4-13 motion is filed. The court may for good cause extend the time for
4-14 filing or amending an original or amended motion. If the court
4-15 does not act on the motion before the 21st day after the date the
4-16 original or amended motion is filed, the original or amended motion
4-17 is overruled by operation of law.
4-18 (d) To perfect an appeal, the defendant must also give
4-19 notice of the appeal. The defendant shall:
4-20 (1) if the defendant requests a hearing on the motion,
4-21 give the notice of appeal orally in open court on the overruling of
4-22 the motion; or
4-23 (2) give a written notice of appeal and file the
4-24 notice with the court not later than the 10th day after the date
4-25 the motion is overruled.
4-26 Sec. 30.01519. APPEAL BOND; RECORD ON APPEAL. (a) If the
4-27 defendant is not in custody, the defendant may appeal a municipal
5-1 court of record conviction only if the defendant files an appeal
5-2 bond with the municipal court of record. The bond must be approved
5-3 by the court and filed not later than the 10th day after the date
5-4 the motion for new trial is overruled. If the defendant is in
5-5 custody, the defendant must be committed to jail unless the
5-6 defendant posts an appeal bond with the municipal court of record.
5-7 (b) The appeal bond must be in the amount of $100 or in an
5-8 amount that is twice the amount of fines and costs adjudged against
5-9 the defendant, whichever amount is greater. The bond must:
5-10 (1) state that the defendant was convicted in the case
5-11 and has appealed; and
5-12 (2) be conditioned on the defendant's immediate and
5-13 daily personal appearance in the court in which the defendant has
5-14 appealed.
5-15 (c) The record on appeal consists of a transcript and, if
5-16 necessary to the appeal, a statement of facts.
5-17 Sec. 30.01520. TRANSCRIPT; BILLS OF EXCEPTION. (a) On the
5-18 written request of the defendant, the clerk of the municipal court
5-19 of record shall prepare under his hand and the seal of the court
5-20 the transcript of the proceedings in the municipal court of record.
5-21 The transcript must include copies of:
5-22 (1) the complaint;
5-23 (2) material docket entries made by the court;
5-24 (3) the jury charge and verdict in a jury trial;
5-25 (4) the judgment;
5-26 (5) the motion for new trial;
5-27 (6) the notice of appeal;
6-1 (7) the appeal bond;
6-2 (8) written motions and pleas;
6-3 (9) written orders of the court; and
6-4 (10) any bills of exception filed with the court.
6-5 (b) The clerk may include in the transcript additional
6-6 portions of the proceedings in the court if instructed in writing
6-7 by the defendant or the prosecuting attorney.
6-8 (c) Either party may include bills of exception in the
6-9 transcript subject to the provisions of the Code of Criminal
6-10 Procedure governing the preparation of bills of exception and the
6-11 inclusion of bills of exception in the record on appeal to the
6-12 court of appeals, except that the bills of exception must be filed
6-13 with the clerk not later than the 60th day after the date the
6-14 notice of appeal is given or filed.
6-15 Sec. 30.01521. STATEMENT OF FACTS. (a) A statement of
6-16 facts included in the record on appeal must contain:
6-17 (1) if a transcription is requested by the defendant
6-18 under Subsection (b), a transcript of all or part of the municipal
6-19 court of record proceedings that are shown by the record to have
6-20 occurred before, during, or after the trial;
6-21 (2) a brief statement of the facts of the case proven
6-22 at trial as agreed to by the defendant and the prosecuting
6-23 attorney; or
6-24 (3) a partial transcription and the agreed statement
6-25 of the facts of the case.
6-26 (b) At the request of the defendant, the city shall provide
6-27 a court reporter to transcribe any portion of the record of the
7-1 court proceedings. The defendant shall pay for the transcription
7-2 unless the court finds, after hearing in response to an affidavit
7-3 by the defendant, that the defendant is unable to pay or give
7-4 security for the transcription. If the court makes the finding
7-5 described by this subsection, the court shall order the court
7-6 reporter to prepare the transcription without charge for the
7-7 defendant. The transcription cost may not exceed the charge
7-8 imposed by court reporters in the county for similar
7-9 transcriptions.
7-10 Sec. 30.01522. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
7-11 (a) Not later than the 60th day after the date the notice of
7-12 appeal is given or filed, the parties must file with the clerk of
7-13 the municipal court of record:
7-14 (1) the statement of facts;
7-15 (2) a written description of material to be included
7-16 in the transcript in addition to the required material; and
7-17 (3) any material to be included in the transcript that
7-18 is not in the custody of the clerk.
7-19 (b) On completion of the record, the municipal judge shall
7-20 approve the record in the manner provided for record completion
7-21 notification and approval in the court of appeals.
7-22 (c) After the court approves the record, the clerk shall
7-23 promptly send the record to the appellate court clerk for filing.
7-24 The appellate court clerk shall notify the defendant and the
7-25 prosecuting attorney that the record has been filed.
7-26 Sec. 30.01523. BRIEF ON APPEAL. (a) A defendant's brief on
7-27 appeal from a municipal court of record must present points of
8-1 error in the manner required by law for a brief on appeal to the
8-2 court of appeals, except that the points are confined to those set
8-3 forth in the motion for new trial.
8-4 (b) The defendant must file the brief with the appellate
8-5 court clerk not later than the 15th day after the date the
8-6 transcript and statement of facts are filed with that clerk. The
8-7 clerk shall notify the prosecuting attorney of the filing.
8-8 (c) The prosecuting attorney must file the appellee's brief
8-9 with the appellate court clerk not later than the 15th day after
8-10 the date the defendant's brief is filed.
8-11 (d) Each party, on filing the party's brief with the
8-12 appellate court clerk, shall deliver a copy of the brief to the
8-13 opposing party.
8-14 Sec. 30.01524. PROCEDURE; DISPOSITION. (a) The appellate
8-15 court shall hear appeals from the municipal courts of record at the
8-16 earliest possible time with due regard to the rights of the parties
8-17 and the proper administration of justice.
8-18 (b) The court may not affirm or reverse a case based on a
8-19 technical error, including an error in the preparation and filing
8-20 of the record on appeal.
8-21 (c) The court may determine the rules for oral argument.
8-22 The parties may submit the case on the record and briefs without
8-23 oral argument.
8-24 (d) According to the law and the nature of the case, the
8-25 appellate court may:
8-26 (1) affirm the judgment of the municipal court of
8-27 record;
9-1 (2) reverse and remand for a new trial;
9-2 (3) reverse and dismiss the case; or
9-3 (4) reform and correct the judgment.
9-4 (e) Unless the issue was raised in the trial court or it
9-5 affirmatively appears to the contrary from the transcript or the
9-6 statement of facts, the appellate court shall presume that:
9-7 (1) venue was proven in the trial court;
9-8 (2) the jury, if any, was properly impaneled and
9-9 sworn;
9-10 (3) the defendant was arraigned and pleaded to the
9-11 complaint; and
9-12 (4) the municipal judge certified the charge before it
9-13 was read to the jury.
9-14 (f) In each case decided by the appellate court, the court
9-15 shall deliver a written opinion or order sustaining or overruling
9-16 each assignment of error presented. The court is not required to
9-17 give a reason for overruling an assignment of error, except that
9-18 the court may cite the cases on which it relied. If an assignment
9-19 of error is sustained, the court shall set forth the reasons for
9-20 the decision.
9-21 (g) The appellate court clerk shall mail to the parties and
9-22 the municipal judge copies of the appellate court's decision
9-23 immediately after the court renders a decision.
9-24 Sec. 30.01525. CERTIFICATE OF APPELLATE PROCEEDINGS. (a)
9-25 When the judgment of the appellate court is final, the appellate
9-26 court clerk shall:
9-27 (1) certify the proceedings and the judgment; and
10-1 (2) mail the certificates to the clerk of the
10-2 municipal court of record.
10-3 (b) The municipal clerk shall file the certificate with the
10-4 papers in the case and note the certificate on the case docket.
10-5 (c) If the municipal court of record judgment is affirmed,
10-6 it is not necessary to take further action to enforce the judgment,
10-7 except to:
10-8 (1) forfeit the bond of the defendant;
10-9 (2) issue a writ of capias for the defendant; or
10-10 (3) issue an execution against the defendant's
10-11 property.
10-12 Sec. 30.01526. EFFECT OF ORDER OF NEW TRIAL. If the
10-13 appellate court awards a new trial to the defendant, the case
10-14 stands as if a new trial had been granted by the municipal court of
10-15 record.
10-16 Sec. 30.01527. APPEAL TO COURT OF APPEALS. The defendant
10-17 has the right to appeal to the court of appeals if the fine
10-18 assessed against the defendant exceeds $100 and the judgment is
10-19 affirmed by the appellate court. The provisions of the Code of
10-20 Criminal Procedure relating to direct appeals from a county or
10-21 district court to the court of appeals apply to the appeal, except
10-22 that:
10-23 (1) the record and briefs on appeal in the appellate
10-24 court and the transcript of proceedings in the appellate court
10-25 constitute the record and briefs on appeal to the court of appeals
10-26 unless the rules of the court of criminal appeals provide
10-27 otherwise; and
11-1 (2) the record and briefs shall be filed directly with
11-2 the court of appeals.
11-3 SECTION 2. This Act takes effect September 1, 1999.
11-4 SECTION 3. The importance of this legislation and the
11-5 crowded condition of the calendars in both houses create an
11-6 emergency and an imperative public necessity that the
11-7 constitutional rule requiring bills to be read on three several
11-8 days in each house be suspended, and this rule is hereby suspended.