By Thompson, Clark H.B. No. 731
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal courts of record.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 30, Government Code, is
1-5 amended to read as follows:
1-6 SUBCHAPTER A. GENERAL LAW FOR MUNICIPAL COURTS OF RECORD
1-7 Sec. 30.00001. SHORT TITLE; APPLICATION [OF SUBCHAPTER].
1-8 (a) This chapter may be cited as the Uniform Municipal Courts of
1-9 Record Act.
1-10 (b) This subchapter applies to each municipality listed in
1-11 [does not apply to the cities of Austin, Dallas, El Paso, Fort
1-12 Worth, Houston, Longview, Lubbock, Marshall, Midland, Odessa, San
1-13 Antonio, Sweetwater, and Wichita Falls or to any other city covered
1-14 by another subchapter of] this chapter. If a provision of this
1-15 subchapter conflicts with a specific provision for a particular
1-16 municipality, the specific provision controls.
1-17 Sec. 30.00002. DEFINITIONS [CREATION OF MUNICIPAL COURTS OF
1-18 RECORD; DEFINITION]. In this subchapter:
1-19 (1) "Appellate court" means:
1-20 (A) the county criminal court, the county
1-21 criminal court of appeals, or the municipal court of appeals; or
1-22 (B) the county court at law if there is no
1-23 county criminal court, county criminal court of appeals, or
1-24 municipal court of appeals.
2-1 (2) "Governing body" means the legislative body of a
2-2 municipality, without regard to the name or title given to any
2-3 particular body.
2-4 (3) "Municipality" means an incorporated city, town,
2-5 or village.
2-6 (4) "Presiding judge" means the presiding municipal
2-7 judge, chief judge, or administrative judge. [(a) The governing
2-8 body of a city may establish its municipal courts as municipal
2-9 courts of record if the formation of municipal courts of record is
2-10 necessary to provide a more efficient disposition of appeals from
2-11 the municipal court.]
2-12 [(b) On creation of the initial municipal court of record,
2-13 the governing body of the city shall call an election to determine
2-14 the method of selection of the judges of the municipal courts of
2-15 record. The qualified voters of the city shall vote on the
2-16 question of electing or appointing the judges of the municipal
2-17 courts of record. The election must be held on the first
2-18 succeeding uniform election date for which sufficient time elapses
2-19 for the holding of an election.]
2-20 [(c) In this subchapter, "city" means an incorporated
2-21 municipality.]
2-22 Sec. 30.00003. CREATION OF [ADDITIONAL] MUNICIPAL COURTS OF
2-23 RECORD. (a) The governing body [of the city] may by ordinance
2-24 create a [additional] municipal court [courts] of record if the
2-25 governing body determines that the creation of the court is
2-26 [additional courts are] necessary to provide a more efficient
2-27 disposition [dispose properly] of the cases arising in the
3-1 municipality [city].
3-2 (b) The ordinance may establish as many municipal courts of
3-3 record as needed as determined by the governing body [must
3-4 enumerate the number of additional courts that are necessary].
3-5 (c) Except as provided by Subsection (d), the ordinance
3-6 shall give each court a numerical designation, beginning with
3-7 "Municipal Court of Record No. 1."
3-8 (d) If a municipality has a unified court of record, that
3-9 court shall be the "Municipal Court of Record in the City of (name
3-10 of municipality)" and the municipality may establish by ordinance
3-11 divisions, beginning with "Division No. 1."
3-12 (e) A municipal court of record may not exist concurrently
3-13 with a municipal court that is not a municipal court of record in
3-14 the municipality.
3-15 (f) A municipal court of record has no terms and may sit for
3-16 any time for the transaction of business of the court.
3-17 Sec. 30.00004. ABOLITION OF COURT. If the governing body of
3-18 the city finds that a [after the establishment of an additional]
3-19 municipal court of record is unnecessary [that the condition of the
3-20 dockets of the other courts of the county does not require the
3-21 existence of the court to dispose properly of the cases arising in
3-22 the city], the governing body shall by ordinance declare the office
3-23 of the municipal judge vacant at the end of the term for which the
3-24 judge was last selected. Any cases then pending shall be
3-25 transferred to a court with proper jurisdiction of the offense.
3-26 Sec. 30.00005. JURISDICTION. (a) A municipal court of
3-27 record has the jurisdiction provided by general law for municipal
4-1 courts.
4-2 (b) The court has jurisdiction over [of] criminal cases
4-3 arising under ordinances authorized by Sections 215.072, 217.042,
4-4 341.903, and 401.002, Local Government Code [Subdivision 19,
4-5 Article 1175, Revised Statutes].
4-6 (c) The governing body may by ordinance provide that the
4-7 court has concurrent jurisdiction with a justice court in any
4-8 precinct in which the municipality is located in criminal cases
4-9 that arise within the territorial limits of the municipality and
4-10 are punishable only by fine.
4-11 Sec. 30.00006. JUDGE. (a) A municipal court of record is
4-12 presided over by one or more municipal judges.
4-13 (b) The governing body shall by ordinance appoint its
4-14 municipal judges.
4-15 (c) A municipal judge must:
4-16 (1) be a resident of this state;
4-17 (2) be a citizen of the United States;
4-18 (3) be a licensed attorney in good standing; and
4-19 (4) have two or more years of experience in the
4-20 practice of law in this state.
4-21 (d) The governing body [of the city] shall provide [by
4-22 charter or] by ordinance for the term of office of its municipal
4-23 judges. The term must be for a definite term of [not less than]
4-24 two or [nor more than] four years[, the duration of which within
4-25 these limits shall be determined by charter, ordinance, or the
4-26 method prescribed by Article XI, Section 11, of the Texas
4-27 Constitution. A municipal judge may continue in office after the
5-1 end of the judge's term for not more than 90 days or until his
5-2 successor is selected and qualified, whichever occurs first].
5-3 (e) [(c)] The municipal judge shall take judicial notice of
5-4 state law and the ordinances and corporate limits of the
5-5 municipality [city and of the territorial limits of the city]. The
5-6 judge may grant writs of mandamus, attachment, and other writs
5-7 necessary to the enforcement of the jurisdiction of the court and
5-8 may issue writs of habeas corpus in cases in which the offense
5-9 charged is within the jurisdiction of the court. A municipal judge
5-10 is a magistrate and may issue administrative search warrants.
5-11 (f) The municipal judges within a municipality may exchange
5-12 benches and act for each other in any proceeding pending in the
5-13 courts. An act performed by any of the judges is binding on all
5-14 parties to the proceeding.
5-15 (g) A person may not serve as a municipal judge if the
5-16 person is employed by the same municipality. A municipal judge who
5-17 accepts employment with the municipality vacates the judicial
5-18 office.
5-19 (h) The governing body shall determine the salary of a
5-20 municipal judge. The amount of a judge's salary may not be
5-21 diminished during the judge's term of office. The salary may not
5-22 be based directly or indirectly on fines, fees, or costs collected
5-23 by the court.
5-24 Sec. 30.00007. PRESIDING JUDGE. (a) [(d)] If there is more
5-25 than one municipal judge in the municipality [city], the governing
5-26 body of the municipality [city] shall appoint one of the judges as
5-27 the presiding [municipal] judge.
6-1 (b) [(e)] The presiding [municipal] judge shall:
6-2 (1) maintain a central docket for cases filed within
6-3 the territorial limits of the municipality [city] over which the
6-4 municipal courts of record have jurisdiction;
6-5 (2) provide for the distribution of cases from the
6-6 central docket to the individual municipal judges to equalize the
6-7 distribution of business in the courts;
6-8 (3) [call the jury docket and] request the jurors
6-9 needed for cases that are set for trial by jury; [and]
6-10 (4) temporarily assign judges or substitute [relief]
6-11 judges to exchange benches and to act for each other in a
6-12 proceeding pending in a court if necessary for the expeditious
6-13 disposition of business in the courts; and
6-14 (5) supervise and control the operation and clerical
6-15 functions of the administrative department of each court, including
6-16 the court's personnel, during the proceedings of the court.
6-17 [(f) The municipal judges or relief judges may act for each
6-18 other in any proceeding pending in the courts. An act performed by
6-19 any of the judges is binding on all parties to the proceeding.]
6-20 [(g) A municipal judge must be a licensed attorney in good
6-21 standing or a judge who has served the previous five years on a
6-22 municipal court bench in Texas, except that a municipality of less
6-23 than 10,000 in population may appoint a person municipal judge who
6-24 is not a licensed attorney. A person may not serve as a municipal
6-25 judge while the person holds other office or employment with the
6-26 city government.]
6-27 [(h) A municipal judge is entitled to a salary from the
7-1 city, the amount of which is determined by the governing body of
7-2 the city and may not be diminished during the judge's term of
7-3 office. The salary may not be based directly or indirectly on
7-4 fines, fees, or costs that the judge is required by law to collect
7-5 during the term of office. The governing body shall set the salary
7-6 of an appointed judge before his appointment, and shall set the
7-7 salary of an elected judge no later than two weeks before the
7-8 election filing deadline.]
7-9 Sec. 30.00008 [30.00007]. VACANCIES: TEMPORARY
7-10 REPLACEMENT[; REMOVAL]. (a) If a vacancy occurs in the office of
7-11 municipal judge of a court of record, the governing body [of the
7-12 city] shall by ordinance appoint a qualified person to fill the
7-13 office for the remainder of the unexpired term.
7-14 (b) The governing body [of the city] may appoint one or more
7-15 qualified persons to be available to serve for a municipal judge
7-16 who is temporarily absent due to illness, family death, continuing
7-17 legal or judicial education programs, or any other reason [as
7-18 relief municipal judges]. The presiding judge, or the municipal
7-19 judge if there is no presiding judge, shall select one of the
7-20 qualified persons appointed by the governing body to serve during
7-21 the absence of a municipal judge. The substitute judge, while
7-22 serving as a municipal judge, has all the powers and shall
7-23 discharge all the duties of a municipal judge. A substitute [A
7-24 relief] judge must meet the qualifications prescribed for the
7-25 municipal [regular] judge. [The governing body shall set the
7-26 compensation of the relief judges. The presiding municipal judge
7-27 may assign a relief judge to act for a municipal judge who is
8-1 temporarily unable to act for any reason. A relief judge has all
8-2 the powers and duties of the office while so acting.]
8-3 [(c) A municipal judge may be removed in the manner
8-4 prescribed for removal of a county court at law judge.]
8-5 Sec. 30.000085. REMOVAL OF JUDGE. A municipal judge of a
8-6 general law municipality may be removed from office by the
8-7 governing body at any time for the reasons stated and by the
8-8 procedure provided for the removal of mayors and aldermen in
8-9 Section 21.002, Local Government Code. A municipal judge of a
8-10 home-rule municipality may be removed from office by the governing
8-11 body for the reasons stated and by the procedures provided for the
8-12 removal of members of the governing body in the charter or
8-13 ordinances of the municipality.
8-14 Sec. 30.00009 [30.00008]. CLERK; OTHER PERSONNEL. (a) The
8-15 governing body [of the city] shall by ordinance provide for the
8-16 appointment of [appoint] a clerk of the municipal courts of
8-17 record[, who shall be known as the municipal clerk]. The municipal
8-18 clerk shall keep the records of the municipal courts of record,
8-19 issue process, and generally perform the duties that a clerk of a
8-20 county court at law exercising criminal jurisdiction performs for
8-21 that court [serves at the pleasure of the governing body. The
8-22 clerk shall perform, as applicable, the duties prescribed by law
8-23 for the county clerk of a county court at law and any other duty
8-24 necessary to issue process and conduct business of the court. The
8-25 clerk may administer oaths and affidavits and make certificates and
8-26 affix the court's seal to those certificates]. In addition, the
8-27 clerk shall[:]
9-1 [(1) maintain central docket records for all cases
9-2 filed in the municipal courts of record; and]
9-3 [(2)] maintain an index of all court judgments in the
9-4 same manner as county clerks are required by law to prepare for
9-5 criminal cases arising in county courts.
9-6 (b) The [With the consent of the] governing body may provide
9-7 [of the city, the clerk may appoint one or more] deputy clerks,
9-8 warrant officers, and other personnel as needed for the proper
9-9 operation of the courts [to act for the clerk].
9-10 (c) The clerk and other [governing body of the city shall
9-11 provide the courts with other municipal] court personnel [that the
9-12 governing body determines necessary for the proper operation of the
9-13 courts. Those persons shall] perform their duties under the
9-14 direction and control of the presiding judge [clerk or the
9-15 municipal judge to whom assigned. The governing body shall
9-16 determine the salaries of the court personnel].
9-17 (d) The governing body shall by ordinance provide for the
9-18 hiring, direction, supervision, and removal of the personnel
9-19 authorized in the annual budget for the clerk's office.
9-20 Sec. 30.00010 [30.00009]. COURT REPORTER. (a) The
9-21 municipality shall provide a court reporter to [To] preserve a
9-22 record in cases tried before a municipal court of record[, the
9-23 governing body of the city shall provide an official court
9-24 reporter]. The court reporter must meet the qualifications
9-25 provided by law for official court reporters. The reporter shall
9-26 be compensated by the municipality [city] in the manner determined
9-27 by the governing body [of the city].
10-1 (b) The court reporter may use written notes, transcribing
10-2 equipment, video or audio recording equipment, or a combination of
10-3 those methods to record the proceedings of the court. The reporter
10-4 shall keep the record for the 20-day period beginning the day after
10-5 the last day of the proceeding, trial, or denial of motion for new
10-6 trial, or until any appeal is final, whichever occurs last.
10-7 (c) The court reporter is not required to record testimony
10-8 in a case [trial] unless the judge or one of the parties requests a
10-9 record.
10-10 (d) Instead of providing a court reporter, the governing
10-11 body may provide that the proceedings may be recorded by a good
10-12 quality electronic recording device. If the governing body
10-13 authorizes the electronic recording, the court reporter is not
10-14 required to be present to certify the statement of facts. The
10-15 recording shall be kept for the 20-day period beginning the day
10-16 after the last day of the court proceeding, trial, or denial of
10-17 motion for new trial, whichever occurs last. If a case is
10-18 appealed, the proceedings shall be transcribed from the recording
10-19 by an official court reporter.
10-20 Sec. 30.00011 [30.00010]. PROSECUTIONS [BY CITY ATTORNEY].
10-21 All prosecutions in municipal courts of record shall [must] be
10-22 conducted as provided by Article 45.03, Code of Criminal Procedure
10-23 [by the city attorney or an assistant or deputy city attorney].
10-24 Sec. 30.00012 [30.00011]. COURT FACILITIES. The governing
10-25 body shall provide courtrooms, jury rooms, offices, office
10-26 furniture, libraries, law books, and other facilities and supplies
10-27 that the governing body determines are necessary for the proper
11-1 operation of the municipal courts of record. [FILING OF ORIGINAL
11-2 PAPERS. (a) The municipal clerk shall file the original complaint
11-3 and the original of other papers in each case under the direction
11-4 of the presiding municipal judge. The filed original papers
11-5 constitute the records of the courts and a separate record book is
11-6 not required.]
11-7 [(b) The clerk shall keep a separate folder for each case
11-8 and shall note on the outside of the folder:]
11-9 [(1) the style of the case;]
11-10 [(2) the nature of the charged offense;]
11-11 [(3) the dates that the warrant was issued and
11-12 returned;]
11-13 [(4) the date the examination or trial was held;]
11-14 [(5) whether trial was held by jury or before a judge;]
11-15 [(6) trial settings;]
11-16 [(7) any verdict of the jury;]
11-17 [(8) any judgment of the court;]
11-18 [(9) any motion for a new trial and the decision on
11-19 the motion;]
11-20 [(10) whether an appeal was taken; and]
11-21 [(11) the date and the manner in which the judgment
11-22 and sentence were enforced.]
11-23 Sec. 30.000125. SEAL. (a) The governing body shall provide
11-24 each municipal court of record with a seal.
11-25 (b) The seal's appearance and use must substantially conform
11-26 to Article 45.02, Code of Criminal Procedure, but must include the
11-27 phrase "Municipal Court of/in __________, Texas."
12-1 Sec. 30.000126. COMPLAINT; PLEADING. Complaints and
12-2 pleadings must substantially conform to Article 27.14, Code of
12-3 Criminal Procedure, and the relevant provisions of Chapter 45, Code
12-4 of Criminal Procedure.
12-5 Sec. 30.00013 [30.00012]. JURY. (a) Ordinances, rules, and
12-6 procedures concerning a trial by a jury, including the summoning of
12-7 jurors, must substantially conform to Chapter 45, Code of Criminal
12-8 Procedure. [Each person charged with an offense is entitled to a
12-9 trial by a jury of six persons unless the right is waived according
12-10 to law.]
12-11 (b) The presiding judge, the municipal court clerk, or the
12-12 court administrator, as determined by ordinance, shall supervise
12-13 the selection of persons for jury service. [A majority of the
12-14 municipal judges may adopt a plan for the selection of persons for
12-15 jury service from the voter registration rolls of the counties in
12-16 which the city is located. A plan adopted by the municipal courts
12-17 is binding on each court and must:]
12-18 [(1) require the compilation of jurors from the voter
12-19 registration lists of all voting precincts within the city and the
12-20 registry of permanently exempt persons residing in the city
12-21 maintained by the county tax collector as prescribed by Section
12-22 62.108;]
12-23 [(2) require selection of jurors who are eligible to
12-24 vote in the city and have the qualifications prescribed by
12-25 Subchapter B, Chapter 62; and]
12-26 [(3) require the courts to establish a fair,
12-27 impartial, and objective method of selecting persons for jury
13-1 service.]
13-2 [(c) The municipal clerk shall be the official in charge of
13-3 the selection process.]
13-4 [(d) Each juror is subject to the laws governing exemptions
13-5 and excuses from jury service in other courts.]
13-6 Sec. 30.00014 [30.00013]. APPEAL. (a) A defendant has the
13-7 right of appeal from a judgment or conviction in a municipal court
13-8 of record. The state has the right to appeal as provided by
13-9 Article 44.01, Code of Criminal Procedure. The county criminal
13-10 courts or county criminal courts of appeal [courts at law] in the
13-11 county in which the municipality [city] is located or the municipal
13-12 courts of appeal have jurisdiction of appeals from a municipal
13-13 court of record. If there is no county criminal court, county
13-14 criminal court of appeal, or municipal court of appeal [at law in
13-15 the county], the county courts at law have [court has] jurisdiction
13-16 of an appeal. [The city attorney or his assistants or deputies
13-17 shall prosecute all appeals from the municipal courts of record.]
13-18 (b) The appellate court shall determine each appeal from a
13-19 municipal court of record conviction and each appeal from the state
13-20 on the basis of the errors that are set forth in the appellant's
13-21 [defendant's] motion for new trial and that are presented in the
13-22 transcript and statement of facts prepared from the proceedings
13-23 leading to the conviction or appeal. An appeal from the municipal
13-24 court of record may not be by trial de novo.
13-25 (c) To perfect an appeal, the appellant [defendant] must
13-26 file a written motion for new trial with the municipal clerk not
13-27 later than the 10th day after the date on which judgment is
14-1 rendered. The motion must set forth the points of error of which
14-2 the appellant [defendant] complains. The motion or an amended
14-3 motion may be amended by leave of court at any time before action
14-4 on the motion is taken, but not later than the 20th day after the
14-5 date on which the original or amended motion is filed. The court
14-6 may for good cause extend the time for filing or amending, but the
14-7 extension may not exceed 90 days from the original filing deadline.
14-8 If the court does not act on the motion before the expiration of
14-9 the 30 days allowed for determination of the motion, the original
14-10 or amended motion is overruled by operation of law.
14-11 (d) To perfect an appeal, the appellant [defendant] must
14-12 also give notice of the appeal. If the appellant [defendant]
14-13 requests a hearing on the motion for new trial, the appellant
14-14 [defendant] may give the notice of appeal orally in open court on
14-15 the overruling of the motion. If there is no hearing, the
14-16 appellant [defendant] must give a written notice of appeal and must
14-17 file the notice with the court not later than the 10th day after
14-18 the date on which the motion is overruled. The court may for good
14-19 cause extend that time period, but the extension may not exceed 90
14-20 days from the original filing deadline.
14-21 (e) If the defendant is in custody, the appeal is perfected
14-22 when the notice of appeal is given as provided by Article 44.13,
14-23 Code of Criminal Procedure.
14-24 (f) A municipality shall by ordinance establish a transcript
14-25 preparation fee in the amount of $25. The transcript preparation
14-26 fee does not include the fee for an actual transcript of the
14-27 proceedings. The clerk shall note the payment of the fee on the
15-1 docket of the court. If the case is reversed on appeal, the fee
15-2 shall be refunded to the defendant.
15-3 (g) The defendant shall pay the transcript preparation fee
15-4 and the fee for an actual transcript of the proceedings.
15-5 Sec. 30.00015 [30.00014]. APPEAL BOND. (a) If the
15-6 defendant is not in custody, the defendant may not take an appeal
15-7 until the defendant files an appeal bond with the municipal court
15-8 of record. The bond must be approved by the court and must be
15-9 filed not later than the 10th day after the date on which the
15-10 motion for new trial is overruled. If the defendant is in custody,
15-11 the defendant shall be committed to jail unless the defendant posts
15-12 the appeal bond.
15-13 (b) The appeal bond must be in the amount of $100 [$50] or
15-14 double the amount of the fines and costs adjudged against the
15-15 defendant, whichever is greater.
15-16 (c) The bond must:
15-17 (1) state that the defendant was convicted in the case
15-18 and has appealed; [,] and
15-19 (2) [it must] be conditioned on the defendant's
15-20 immediate and daily personal appearance in the court to which the
15-21 appeal is taken.
15-22 Sec. 30.00016 [30.00015]. RECORD ON APPEAL. The record on
15-23 appeal must substantially conform to the provisions relating to the
15-24 preparation of a record on appeal in the Texas Rules of Appellate
15-25 Procedure and the Code of Criminal Procedure [consists of a
15-26 transcript and, if necessary to the appeal, a statement of facts.
15-27 The court reporter shall prepare the record from the reporter's
16-1 record or mechanical or videotape recordings of the proceedings.
16-2 The defendant shall pay for the cost of the transcription. If the
16-3 court finds that the defendant is unable to pay or give security
16-4 for the record on appeal after a hearing in response to an
16-5 affidavit by the defendant, the court shall order the reporter to
16-6 prepare the record without charge to the defendant. If the case is
16-7 reversed on appeal, the court shall promptly refund the cost to the
16-8 defendant].
16-9 Sec. 30.00017 [30.00016]. TRANSCRIPT. The transcript must
16-10 substantially conform to the provisions relating to the preparation
16-11 of a transcript in the Texas Rules of Appellate Procedure and the
16-12 Code of Criminal Procedure. [(a) On the written request of the
16-13 defendant or the defendant's attorney, the municipal clerk shall
16-14 prepare under his hand and seal a transcript of the municipal court
16-15 of record proceedings. The transcript must include copies of:]
16-16 [(1) the complaint;]
16-17 [(2) material docket entries made by the court;]
16-18 [(3) the jury charge and verdict in a jury trial;]
16-19 [(4) the judgment;]
16-20 [(5) the motion for new trial;]
16-21 [(6) the notice of appeal;]
16-22 [(7) written motions and pleas;]
16-23 [(8) written orders of the court;]
16-24 [(9) any bills of exception filed with the court; and]
16-25 [(10) the appeal bond.]
16-26 [(b) The clerk may include in the transcript additional
16-27 portions of the proceedings in the court prepared from mechanical
17-1 or videotape recordings.]
17-2 Sec. 30.00018 [30.00017]. BILLS OF EXCEPTION. Bills of
17-3 exception must substantially conform to the provisions relating to
17-4 the preparation of bills of exception in the Texas Rules of
17-5 Appellate Procedure and the Code of Criminal Procedure. [Either
17-6 party may include bills of exception in the transcript subject to
17-7 the applicable provisions of the Code of Criminal Procedure. The
17-8 bills of exception must be filed with the municipal clerk not later
17-9 than the 60th day after the date on which the notice of appeal is
17-10 given or filed.]
17-11 Sec. 30.00019 [30.00018]. STATEMENT OF FACTS. (a) A
17-12 statement of facts included in the record on appeal must
17-13 substantially conform to the provisions relating to the preparation
17-14 of a statement of facts in the Texas Rules of Appellate Procedure
17-15 and the Code of Criminal Procedure.
17-16 (b) The appellant shall pay for the statement of facts
17-17 [contain:]
17-18 [(1) a transcript of all or part of the municipal
17-19 court of record proceedings that are shown by the notes of the
17-20 court reporter to have occurred before, during, or after the trial,
17-21 if the transcript is requested by the defendant;]
17-22 [(2) a brief statement of the facts of the case proven
17-23 at trial as agreed to by the defendant and the prosecuting
17-24 attorney;]
17-25 [(3) a partial transcript and the agreed statement of
17-26 the facts of the case; or]
17-27 [(4) a transcript of all or part of the municipal
18-1 court of record proceedings in the case that is prepared from
18-2 mechanical or videotape recordings of the proceedings].
18-3 Sec. 30.00020 [30.00019]. [COMPLETION, APPROVAL, AND]
18-4 TRANSFER OF RECORD. (a) Not later than the 60th day after the
18-5 date on which the notice of appeal is given or filed, the parties
18-6 must file with the municipal clerk:
18-7 (1) the statement of facts;
18-8 (2) a written description of material to be included
18-9 in the transcript in addition to the required material; and
18-10 (3) any material to be included in the transcript that
18-11 is not in the custody of the clerk.
18-12 (b) On completion of the record, the municipal judge shall
18-13 approve the record in the manner provided for record completion,
18-14 approval, and notification in the court of appeals.
18-15 (c) After the court approves the record, the clerk shall
18-16 promptly send the record [it] to the appellate court clerk for
18-17 filing. The appellate court clerk shall notify the defendant and
18-18 the prosecuting attorney that the record has been filed.
18-19 Sec. 30.00021 [30.00020]. BRIEF ON APPEAL. (a) An
18-20 appellant's [A defendant's] brief on appeal from a municipal court
18-21 of record must present points of error in the manner required by
18-22 law for a brief on appeal to the court of appeals.
18-23 (b) The appellant [defendant] must file the brief with the
18-24 appellate court clerk not later than the 15th day after the date on
18-25 which the transcript and statement of facts are filed with that
18-26 clerk. The appellant [defendant] or the appellant's [defendant's]
18-27 attorney must certify that the brief has been properly mailed to
19-1 the appellee [prosecuting attorney].
19-2 (c) The appellee [prosecuting attorney] must file the
19-3 appellee's brief with the appellate court clerk not later than the
19-4 15th day after the date on which the appellant's [defendant's]
19-5 brief is filed.
19-6 (d) Each party, on [On] filing the party's brief with the
19-7 appellate court clerk, [each party] shall deliver a copy of the
19-8 brief to the opposing party and to the municipal judge.
19-9 (e) The record and the briefs on appeal shall be limited as
19-10 far as possible to the questions relied on for reversal.
19-11 Sec. 30.00022. NEW TRIAL. The trial court shall decide from
19-12 the briefs of the parties whether the appellant should be permitted
19-13 to withdraw the notice of appeal and be granted a new trial by the
19-14 court. The court may grant a new trial at any time before the
19-15 record is filed with the appellate court.
19-16 Sec. 30.00023 [30.00021]. COURT RULES. (a) Except as
19-17 modified by this subchapter, the Code of Criminal Procedure and
19-18 the Texas Rules of Appellate Procedure govern [governs] the trial
19-19 of cases before the municipal courts of record. The courts may
19-20 make and enforce all rules of practice and procedure necessary to
19-21 expedite the trial of cases before the courts that are not
19-22 inconsistent with [general] law.
19-23 (b) The appellate courts may make and enforce all rules of
19-24 practice and procedure that are not inconsistent with [general] law
19-25 and that are necessary to expedite the dispatch of appeals from the
19-26 municipal courts of record.
19-27 Sec. 30.00024 [30.00022]. DISPOSITION ON APPEAL.
20-1 (a) According to the law and the nature of the case, the appellate
20-2 court may:
20-3 (1) affirm the judgment of the municipal court of
20-4 record;
20-5 (2) reverse and remand for a new trial;
20-6 (3) reverse and dismiss the case; or
20-7 (4) reform and correct the judgment.
20-8 (b) Unless the matter was made an issue in the trial court
20-9 or it affirmatively appears to the contrary from the transcript or
20-10 the statement of facts, the appellate court shall presume that:
20-11 (1) venue was proven in the trial court;
20-12 (2) the jury, if any, was properly impaneled and
20-13 sworn;
20-14 (3) the defendant was arraigned and pleaded to the
20-15 complaint; and
20-16 (4) the municipal judge certified the charge before it
20-17 was read to the jury.
20-18 (c) In each case decided by the appellate court, the court
20-19 shall deliver a written opinion or order either sustaining or
20-20 overruling each assignment of error presented. The court shall set
20-21 forth the reasons for its decision. The appellate court clerk
20-22 shall mail copies of the decision to the parties and to the
20-23 municipal judge as soon as the decision is rendered.
20-24 (d) The appellate court may determine the rules for oral
20-25 argument. The parties may submit the case on the record and briefs
20-26 without oral argument.
20-27 Sec. 30.00025 [30.00023]. CERTIFICATE OF APPELLATE
21-1 PROCEEDINGS. (a) When the judgment of the appellate court becomes
21-2 final, the clerk of that court shall certify the proceedings and
21-3 the judgment and shall mail the certificate to the municipal clerk.
21-4 The municipal clerk shall file the certificate with the papers in
21-5 the case and note the certificate on the case docket.
21-6 (b) If the municipal court of record judgment is affirmed,
21-7 [further action] to enforce the judgment the court may [is not
21-8 necessary except to]:
21-9 (1) forfeit the bond of the defendant;
21-10 (2) issue a writ of capias for the defendant; [or]
21-11 (3) issue an execution against the defendant's
21-12 property;
21-13 (4) order a refund for the defendant's costs; or
21-14 (5) conduct an indigency hearing at the court's
21-15 discretion.
21-16 Sec. 30.00026 [30.00024]. EFFECT OF ORDER OF NEW TRIAL. If
21-17 the appellate court awards a new trial to the appellant
21-18 [defendant], the case stands as if a new trial had been granted by
21-19 the municipal court of record.
21-20 Sec. 30.00027 [30.00025]. APPEALS TO COURT OF APPEALS. (a)
21-21 The appellant [defendant] has the right to appeal to the court of
21-22 appeals if the fine assessed against the defendant exceeds $100 and
21-23 if the judgment is affirmed by the appellate court.
21-24 (b) The provisions of the Code of Criminal Procedure
21-25 relating to direct appeals from a county or a district court to the
21-26 court of appeals apply to the appeal, except that:
21-27 (1) the record and briefs on appeal in the appellate
22-1 court constitute the record and briefs on appeal to the court of
22-2 appeals unless the rules of the court of criminal appeals provide
22-3 otherwise; and
22-4 (2) the record and briefs shall be filed directly with
22-5 the court of appeals.
22-6 [Sec. 30.00026. SEAL. The governing body of the city shall
22-7 provide each municipal court of record with a seal with a star of
22-8 five points in the center and the words "Municipal Court of
22-9 ____________________, Texas." The impress of the seal shall be
22-10 attached to all papers, except subpoenas, issued out of the court
22-11 and shall be used by each municipal judge or the municipal clerk to
22-12 authenticate all official acts of the clerk and the judge.]
22-13 SECTION 2. Section 30.00041(b), Government Code, is amended
22-14 to read as follows:
22-15 (b) In this subchapter, "appellate courts" means the county
22-16 courts at law of Lubbock County that have criminal appellate
22-17 jurisdiction.
22-18 SECTION 3. Section 30.00044, Government Code, is amended by
22-19 amending Subsection (b) and adding Subsection (l) to read as
22-20 follows:
22-21 (b) A municipal judge is elected by the qualified voters of
22-22 the city for a term of four [two] years [unless the city by charter
22-23 amendment provides for a four-year term as provided by Article XI,
22-24 Section 11, of the Texas Constitution. The governing body of the
22-25 city may appoint a person with qualifications required of a
22-26 municipal judge to serve in a newly created municipal court of
22-27 record until the next regular city election].
23-1 (l) Section 30.00007(b)(5) does not apply to this
23-2 subchapter.
23-3 SECTION 4. Section 30.00046, Government Code, is amended by
23-4 adding Subsection (c) to read as follows:
23-5 (c) Section 30.00010(d) does not apply to this subchapter.
23-6 SECTION 5. Section 30.00081, Government Code, is amended to
23-7 read as follows:
23-8 Sec. 30.00081. APPLICATION; DEFINITION. (a) This
23-9 subchapter applies to the City of Irving.
23-10 (b) In this subchapter, "appellate courts" means the county
23-11 criminal courts of Dallas County that have criminal appellate
23-12 jurisdiction.
23-13 SECTION 6. Section 30.00084, Government Code, is amended by
23-14 amending Subsection (h) and adding Subsection (j) to read as
23-15 follows:
23-16 (h) In addition to exercising powers under Section 30.00006,
23-17 a [A municipal judge shall take judicial notice of state law, city
23-18 ordinances, and the corporate limits of the city in a case tried
23-19 before a municipal court of record. A municipal judge may grant
23-20 writs of mandamus, injunction, and attachment and other writs
23-21 necessary to the enforcement of the jurisdiction of the court and
23-22 may issue writs of habeas corpus in cases in which the offense
23-23 charged is within the jurisdiction of the court. A] municipal
23-24 judge, with the approval of all parties, may order a defendant and
23-25 the victim or complainant in a case before the municipal court to
23-26 engage in mediation or alternative dispute resolution. The city
23-27 shall provide mediation services and pay all costs of those
24-1 services.
24-2 (j) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
24-3 to this subchapter.
24-4 SECTION 7. Section 30.00085, Government Code, is amended to
24-5 read as follows:
24-6 Sec. 30.00085. CLERK; OTHER PERSONNEL. (a) The city
24-7 manager of the city may appoint a clerk of the municipal court of
24-8 record who may hire, direct, and remove the personnel authorized in
24-9 the city's annual budget for the clerk's office. [The clerk or the
24-10 clerk's deputies or assistants may keep the records of the
24-11 municipal courts of record, issue process, and generally perform
24-12 the duties for the courts that a clerk of the county court
24-13 exercising criminal jurisdiction is required by law to perform for
24-14 that court.] The clerk shall perform the duties in accordance with
24-15 statutes, the city charter, and city ordinances.
24-16 (b) Sections 30.00009(c) and (d) do not apply to this
24-17 subchapter.
24-18 SECTION 8. Section 30.00086(a), Government Code, is amended
24-19 to read as follows:
24-20 (a) [The city shall provide a court reporter for the purpose
24-21 of preserving a record in cases tried before the municipal court of
24-22 record.] The clerk of the court shall appoint the court reporter
24-23 under Section 30.00010[, who must meet the qualifications provided
24-24 by law for official court reporters. The reporter shall be
24-25 compensated by the city in the manner determined by the governing
24-26 body of the city].
24-27 SECTION 9. Section 30.00128, Government Code, is amended by
25-1 amending Subsection (g) and adding Subsection (l) to read as
25-2 follows:
25-3 (g) In addition to complying with Section 30.00006(h), the
25-4 [A municipal judge or an associate municipal judge is entitled to
25-5 compensation from the city to be set by the governing body of the
25-6 city. The compensation may not be diminished but may be increased
25-7 during a judge's term of office. The compensation may not be based
25-8 directly or indirectly on fines, fees, or costs that the judge is
25-9 required by law to collect during his term of office. The] salary
25-10 of the presiding judge must be set at an amount that is at least 20
25-11 percent more than the salary of the regular municipal judges.
25-12 (l) Section 30.00007(b) does not apply to this subchapter.
25-13 SECTION 10. Section 30.00129, Government Code, is amended to
25-14 read as follows:
25-15 Sec. 30.00129. COURT CLERK; OTHER PERSONNEL. In addition to
25-16 satisfying the requirements of Section 30.00009, the [The]
25-17 governing body of the city shall provide a clerk of the municipal
25-18 courts of record, deputy clerks, and other municipal court
25-19 personnel, including at least one bailiff for each court, as
25-20 necessary for the proper operation of the municipal courts. [The
25-21 clerk shall keep the records of proceedings of the municipal courts
25-22 of record, issue all processes, and perform the duties prescribed
25-23 by law for clerks of the county courts at law exercising criminal
25-24 jurisdiction to the extent that law applies. The clerk and other
25-25 personnel shall perform the duties of their office under the
25-26 direction and control of the presiding municipal judge.]
25-27 SECTION 11. Section 30.00130, Government Code, is amended by
26-1 adding Subsection (d) to read as follows:
26-2 (d) Section 30.00010(d) does not apply to this subchapter.
26-3 SECTION 12. Section 30.00144(d), Government Code, is amended
26-4 to read as follows:
26-5 (d) If an original or amended motion for new trial is not
26-6 determined by written order signed not later than 30 [20] days
26-7 after the date of the rendition of the judgment of conviction, the
26-8 motion is overruled by operation of law.
26-9 SECTION 13. Section 30.00145, Government Code, is amended to
26-10 read as follows:
26-11 Sec. 30.00145. RIGHT OF APPEAL. (a) A defendant has the
26-12 right of appeal from a judgment of conviction in the municipal
26-13 court of record under the rules prescribed by this subchapter. The
26-14 El Paso Municipal Court of Appeals has jurisdiction over appeals
26-15 from the municipal courts of record, and all appeals from
26-16 convictions in the municipal court of record must be prosecuted in
26-17 the appellate court, the court of appeals, or the court of criminal
26-18 appeals by the city attorney or an assistant city attorney.
26-19 (b) Section 30.00014 does not apply to this subchapter.
26-20 SECTION 14. Section 30.00147(a), Government Code, is amended
26-21 to read as follows:
26-22 (a) A defendant, as a condition of perfecting an appeal to
26-23 the appellate court, must file an appeal bond, unless the defendant
26-24 is in custody. An appeal may be perfected by timely filing with
26-25 the municipal court clerk an appeal bond that meets the
26-26 requirements of Subchapter A [this subchapter]. It is not
26-27 necessary to file a notice of appeal. If the defendant is in
27-1 custody, the appeal is perfected when notice of appeal is given as
27-2 provided by Article 44.13 [44.08], Code of Criminal Procedure[,
27-3 1965].
27-4 SECTION 15. Section 30.00181, Government Code, is amended to
27-5 read as follows:
27-6 Sec. 30.00181. APPLICATION; DEFINITION. (a) This
27-7 subchapter applies to the City of Kennedale.
27-8 (b) In this subchapter, "appellate courts" means the county
27-9 criminal courts of Tarrant County that have criminal appellate
27-10 jurisdiction.
27-11 SECTION 16. Section 30.00184, Government Code, is amended by
27-12 adding Subsection (k) to read as follows:
27-13 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
27-14 to this subchapter.
27-15 SECTION 17. Section 30.00185, Government Code, is amended to
27-16 read as follows:
27-17 Sec. 30.00185. CLERK; OTHER PERSONNEL. (a) The city
27-18 manager or city administrator of the city shall appoint a clerk of
27-19 the municipal court of record who may hire, direct, and remove the
27-20 personnel authorized in the city's annual budget for the clerk's
27-21 office. [The clerk or the clerk's deputies shall keep the records
27-22 of the municipal courts of record, issue process, and generally
27-23 perform the duties for the courts that a clerk of the county court
27-24 exercising criminal jurisdiction is required by law to perform for
27-25 that court.] The clerk shall perform the duties in accordance with
27-26 statutes, the city charter, and city ordinances.
27-27 (b) Sections 30.00009(c) and (d) do not apply to this
28-1 subchapter.
28-2 SECTION 18. Section 30.00186(a), Government Code, is amended
28-3 to read as follows:
28-4 (a) [The city shall provide a court reporter for the purpose
28-5 of preserving a record in cases tried before the municipal court of
28-6 record.] The clerk of the court shall appoint the court reporter
28-7 under Section 30.00010[, who must meet the qualifications provided
28-8 by law for official court reporters. The reporter shall be
28-9 compensated by the city in the manner determined by the governing
28-10 body of the city].
28-11 SECTION 19. Section 30.00221(b), Government Code, is amended
28-12 to read as follows:
28-13 (b) In this subchapter, "appellate courts" means the county
28-14 courts at law of Bexar County that have criminal appellate
28-15 jurisdiction.
28-16 SECTION 20. Section 30.00224, Government Code, is amended by
28-17 amending Subsection (c) and adding Subsection (k) to read as
28-18 follows:
28-19 (c) In addition to satisfying the requirements of Section
28-20 30.00006(c), a [A] municipal judge must have been a resident of the
28-21 city for at least three years immediately preceding the judge's
28-22 appointment [be a licensed attorney in good standing, must have had
28-23 two or more years of experience in the practice of law in this
28-24 state, and must be a citizen of the United States and of this
28-25 state. A person may not serve as a municipal judge while the
28-26 person holds other office or employment with the city government.
28-27 A municipal judge who takes such an office or employment vacates
29-1 the judicial office].
29-2 (k) Section 30.00007(b)(5) does not apply to this
29-3 subchapter.
29-4 SECTION 21. Section 30.00226, Government Code, is amended by
29-5 adding Subsection (c) to read as follows:
29-6 (c) Section 30.00010(d) does not apply to this subchapter.
29-7 SECTION 22. Section 30.00261, Government Code, is amended to
29-8 read as follows:
29-9 Sec. 30.00261. APPLICATION; DEFINITION. (a) This
29-10 subchapter applies to the City of Mansfield.
29-11 (b) In this subchapter, "appellate courts" means the county
29-12 criminal courts of Tarrant County that have criminal appellate
29-13 jurisdiction.
29-14 SECTION 23. Section 30.00264, Government Code, is amended by
29-15 adding Subsection (k) to read as follows:
29-16 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
29-17 to this subchapter.
29-18 SECTION 24. Section 30.00266, Government Code, is amended to
29-19 read as follows:
29-20 Sec. 30.00266. CLERK; OTHER PERSONNEL. (a) The city
29-21 manager of the city shall appoint a clerk of the municipal court of
29-22 record who may hire, direct, and remove the personnel authorized in
29-23 the city's annual budget for the clerk's office. [The clerk or the
29-24 clerk's deputies shall keep the records of the municipal courts of
29-25 record, issue process, and generally perform the duties for the
29-26 courts that a clerk of the county court exercising criminal
29-27 jurisdiction is required by law to perform for that court.] The
30-1 clerk shall perform the duties in accordance with statutes, the
30-2 city charter, and city ordinances.
30-3 (b) Sections 30.00009(c) and (d) do not apply to this
30-4 subchapter.
30-5 SECTION 25. Section 30.00267(a), Government Code, is amended
30-6 to read as follows:
30-7 (a) [The city shall provide a court reporter for the purpose
30-8 of preserving a record in cases tried before the municipal court of
30-9 record.] The clerk of the court shall appoint the court reporter
30-10 under Section 30.00010[, who must meet the qualifications provided
30-11 by law for official court reporters. The reporter shall be
30-12 compensated by the city in the manner determined by the governing
30-13 body of the city].
30-14 SECTION 26. Section 30.00301, Government Code, is amended to
30-15 read as follows:
30-16 Sec. 30.00301. APPLICATION; DEFINITION. (a) This
30-17 subchapter applies to the City of Wichita Falls.
30-18 (b) In this subchapter, "appellate courts" means the county
30-19 courts at law of Wichita County that have criminal appellate
30-20 jurisdiction.
30-21 SECTION 27. Section 30.00304, Government Code, is amended by
30-22 amending Subsection (b) and adding Subsection (i) to read as
30-23 follows:
30-24 (b) In addition to satisfying the requirements of Section
30-25 30.00006(c), a [A] municipal judge [must be a licensed attorney in
30-26 good standing, must have had two or more years of experience in the
30-27 practice of law in this state, and must be a citizen of the United
31-1 States and of this state. The judge] must maintain residence in
31-2 the city during the tenure of office but need not be a resident of
31-3 the city at the time of the appointment. The judge may not engage
31-4 in the private practice of law while in office. The judge must
31-5 execute a bond and take the oath of office required of a county
31-6 judge.
31-7 (i) Sections 30.00007(a) and (b)(5) do not apply to this
31-8 subchapter.
31-9 SECTION 28. Section 30.00305, Government Code, is amended to
31-10 read as follows:
31-11 Sec. 30.00305. CLERK. (a) The city manager shall appoint a
31-12 clerk of the municipal courts of record. [The clerk or the clerk's
31-13 deputies shall keep the records of the municipal courts of record,
31-14 issue process, and generally perform the duties for the courts that
31-15 a clerk of a county court at law exercising criminal jurisdiction
31-16 performs for that court.] The clerk holds office at the pleasure
31-17 of the city manager and is subject to all city charter provisions,
31-18 ordinances, and personnel policies relating to non-civil service
31-19 city employees.
31-20 (b) Section 30.00009(c) does not apply to this subchapter.
31-21 SECTION 29. Section 30.00306, Government Code, is amended to
31-22 read as follows:
31-23 Sec. 30.00306. COURT REPORTER. (a) The city manager shall
31-24 appoint an official court reporter under Section 30.00010 for the
31-25 purpose of preserving a record in cases tried before the municipal
31-26 courts of record. The reporter holds office at the pleasure of the
31-27 city manager. The city manager may appoint more than one reporter
32-1 for each court if necessary to dispose of the business of the court
32-2 without delay. [A reporter is not required to record testimony in
32-3 a case in which neither the defendant, the prosecutor, nor the
32-4 judge demands it.] If a reporter is not demanded, a statement of
32-5 facts may be prepared from mechanical, audio, or video recordings
32-6 of the proceedings.
32-7 (b) Section 30.00010(d) does not apply to this subchapter.
32-8 SECTION 30. Section 30.00341, Government Code, is amended to
32-9 read as follows:
32-10 Sec. 30.00341. APPLICATION; DEFINITION. (a) This subchapter
32-11 applies to the City of Burleson.
32-12 (b) In this subchapter, "appellate courts" means the county
32-13 courts at law of Johnson County that have criminal appellate
32-14 jurisdiction.
32-15 SECTION 31. Section 30.00344, Government Code, is amended by
32-16 adding Subsection (k) to read as follows:
32-17 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
32-18 to this subchapter.
32-19 SECTION 32. Section 30.00345, Government Code, is amended to
32-20 read as follows:
32-21 Sec. 30.00345. CLERK; OTHER PERSONNEL. (a) The city
32-22 manager of the city shall appoint a clerk of the municipal court of
32-23 record who may hire, direct, and remove the personnel authorized in
32-24 the city's annual budget for the clerk's office. [The clerk or the
32-25 clerk's deputies shall keep the records of the municipal courts of
32-26 record, issue process, and generally perform the duties for the
32-27 courts that a clerk of the county court exercising criminal
33-1 jurisdiction is required by law to perform for that court.] The
33-2 clerk shall perform the duties in accordance with statutes, the
33-3 city charter, and city ordinances.
33-4 (b) Sections 30.00009(c) and (d) do not apply to this
33-5 subchapter.
33-6 SECTION 33. Section 30.00346(a), Government Code, is amended
33-7 to read as follows:
33-8 (a) [The city shall provide a court reporter for the purpose
33-9 of preserving a record in cases tried before the municipal court of
33-10 record.] The clerk of the court shall appoint the court reporter
33-11 under Section 30.00010[, who must meet the qualifications provided
33-12 by law for official court reporters. The reporter shall be
33-13 compensated by the city in the manner determined by the governing
33-14 body of the city].
33-15 SECTION 34. Section 30.00381, Government Code, is amended to
33-16 read as follows:
33-17 Sec. 30.00381. APPLICATION; DEFINITION. (a) This subchapter
33-18 applies to the City of Fort Worth.
33-19 (b) In this subchapter, "appellate courts" means the county
33-20 criminal courts of Tarrant County that have criminal appellate
33-21 jurisdiction.
33-22 SECTION 35. Section 30.00384, Government Code, is amended by
33-23 amending Subsection (c) and adding Subsection (k) to read as
33-24 follows:
33-25 (c) [A municipal judge must be a licensed attorney in good
33-26 standing and must have two or more years of experience in the
33-27 practice of law in this state. The judge must be a citizen of the
34-1 United States and of this state.] The judge must maintain
34-2 residence in the city during the tenure of office.
34-3 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
34-4 to this subchapter.
34-5 SECTION 36. Section 30.00385, Government Code, is amended to
34-6 read as follows:
34-7 Sec. 30.00385. CLERK. (a) The city manager with the
34-8 consent of the governing body of the city shall appoint a clerk of
34-9 the municipal courts of record. [The clerk or the clerk's deputies
34-10 shall keep the records of the municipal courts of record, issue
34-11 process, and generally perform the duties for the courts that a
34-12 clerk of a county court exercising criminal jurisdiction is
34-13 required by law to perform for that court.] The clerk shall
34-14 perform the duties in accordance with statutes, the city charter,
34-15 and city ordinances.
34-16 (b) Section 30.00009(c) does not apply to this subchapter.
34-17 SECTION 37. Section 30.00421, Government Code, is amended to
34-18 read as follows:
34-19 Sec. 30.00421. APPLICATION; DEFINITION. (a) This subchapter
34-20 applies to the City of Grand Prairie.
34-21 (b) In this subchapter, "appellate courts" means the county
34-22 criminal courts of Dallas County that have criminal appellate
34-23 jurisdiction.
34-24 SECTION 38. Section 30.00426, Government Code, is amended by
34-25 adding Subsection (k) to read as follows:
34-26 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
34-27 to this subchapter.
35-1 SECTION 39. Section 30.00427, Government Code, is amended
35-2 to read as follows:
35-3 Sec. 30.00427. CLERK; OTHER PERSONNEL. (a) The city
35-4 manager shall appoint a clerk of a municipal court of record who
35-5 may hire, direct, and remove the personnel authorized in the city's
35-6 annual budget for the clerk's office. [The clerk or the clerk's
35-7 deputies shall keep the records of the municipal courts of record,
35-8 issue process, and generally perform the duties for the courts that
35-9 a clerk of the county court exercising criminal jurisdiction is
35-10 required by law to perform for that court.] The clerk shall perform
35-11 the duties in accordance with statutes, the city charter, and city
35-12 ordinances.
35-13 (b) Sections 30.00009(c) and (d) do not apply to this
35-14 subchapter.
35-15 SECTION 40. Section 30.00428(a), Government Code, is amended
35-16 to read as follows:
35-17 (a) [The city shall provide a court reporter to preserve a
35-18 record in cases tried before a municipal court of record.] The
35-19 clerk of the court shall appoint the court reporter under Section
35-20 30.00010 [who must meet the qualifications provided by law for
35-21 official court reporters]. The reporter shall be compensated by
35-22 the city in the manner determined by the city manager.
35-23 SECTION 41. Section 30.00461, Government Code, is amended to
35-24 read as follows:
35-25 Sec. 30.00461. APPLICATION; DEFINITION. (a) This
35-26 subchapter applies to the City of Sweetwater.
35-27 (b) In this subchapter, "appellate courts" means the County
36-1 Court of Nolan County.
36-2 SECTION 42. Section 30.00464, Government Code, is amended by
36-3 adding Subsection (f) to read as follows:
36-4 (f) Section 30.00007(b)(5) does not apply to this
36-5 subchapter.
36-6 SECTION 43. Section 30.00466, Government Code, is amended by
36-7 amending Subsection (a) and adding Subsection (c) to read as
36-8 follows:
36-9 (a) [The city shall provide a court reporter for the purpose
36-10 of preserving a record in cases tried before the municipal court of
36-11 record.] The municipal judge shall appoint a court reporter under
36-12 Section 30.00010, whose qualifications shall be determined by the
36-13 judge or, if there is more than one municipal judge, by the
36-14 presiding municipal judge. [The governing body of the city shall
36-15 set the compensation of the court reporter.]
36-16 (c) Section 30.00010(d) does not apply to this subchapter.
36-17 SECTION 44. Section 30.00491, Government Code, is amended to
36-18 read as follows:
36-19 Sec. 30.00491. APPLICATION; DEFINITION. (a) This
36-20 subchapter applies to the City of Crowley.
36-21 (b) In this subchapter, "appellate courts" means the county
36-22 criminal courts of Tarrant County that have criminal appellate
36-23 jurisdiction.
36-24 SECTION 45. Section 30.00494, Government Code, is amended by
36-25 adding Subsection (k) to read as follows:
36-26 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
36-27 to this subchapter.
37-1 SECTION 46. Subchapter M, Chapter 30, Government Code, is
37-2 amended by adding Section 30.004945 to read as follows:
37-3 Sec. 30.004945. Magistrates. (a) The governing body may
37-4 appoint one or more magistrates in addition to magistrates provided
37-5 under Article 2.09, Code of Criminal Procedure.
37-6 (b) A magistrate does not have to possess all the
37-7 qualifications necessary to be a municipal court of record judge.
37-8 (c) A magistrate may not preside over the court or hear
37-9 contested cases.
37-10 (d) A magistrate may:
37-11 (1) conduct an arraignment;
37-12 (2) hold an indigency hearing;
37-13 (3) accept a plea;
37-14 (4) sign a judgment;
37-15 (5) set the amount of a bond; or
37-16 (6) perform other functions under Article 15.17, Code
37-17 of Criminal Procedure.
37-18 SECTION 47. Section 30.00495, Government Code, is amended to
37-19 read as follows:
37-20 Sec. 30.00495. CLERK; OTHER PERSONNEL. (a) The city manager
37-21 or city administrator of the city shall appoint a clerk of the
37-22 municipal court of record who may hire, direct, and remove the
37-23 personnel authorized in the city's annual budget for the clerk's
37-24 office. [The clerk or the clerk's deputies shall keep the records
37-25 of the municipal courts of record, issue process, and generally
37-26 perform the duties for the courts that a clerk of the county court
37-27 exercising criminal jurisdiction is required by law to perform for
38-1 that court.] The clerk shall perform the duties in accordance with
38-2 statutes, the city charter, and city ordinances.
38-3 (b) Sections 30.00009(c) and (d) do not apply to this
38-4 subchapter.
38-5 SECTION 48. Section 30.00496(a), Government Code, is amended
38-6 to read as follows:
38-7 (a) [The city shall provide a court reporter for the purpose
38-8 of preserving a record in cases tried before the municipal court of
38-9 record.] The clerk of the court shall appoint the court reporter
38-10 under Section 30.00010[, who must meet the qualifications provided
38-11 by law for official court reporters. The reporter shall be
38-12 compensated by the city in the manner determined by the governing
38-13 body of the city].
38-14 SECTION 49. Section 30.00531, Government Code, is amended to
38-15 read as follows:
38-16 Sec. 30.00531. APPLICATION; DEFINITION. (a) This
38-17 subchapter applies to the City of Longview.
38-18 (b) In this subchapter, "appellate courts" means the County
38-19 Court of Gregg County.
38-20 SECTION 50. Section 30.00534, Government Code, is amended by
38-21 adding Subsection (f) to read as follows:
38-22 (f) Section 30.00007(b)(5) does not apply to this
38-23 subchapter.
38-24 SECTION 51. Section 30.00536, Government Code, is amended by
38-25 amending Subsection (a) and adding Subsection (c) to read as
38-26 follows:
38-27 (a) [The city shall provide a court reporter for the purpose
39-1 of preserving a record in cases tried before the municipal court of
39-2 record.] The municipal judge shall appoint the court reporter
39-3 under Section 30.00010[, who must meet the qualifications provided
39-4 by law for official court reporters. The governing body of the
39-5 city shall set the compensation of the court reporter].
39-6 (c) Section 30.00010(d) does not apply to this subchapter.
39-7 SECTION 52. Section 30.00561, Government Code, is amended to
39-8 read as follows:
39-9 Sec. 30.00561. APPLICATION; DEFINITION. (a) This
39-10 subchapter applies to the town of Pantego.
39-11 (b) In this subchapter, "appellate courts" means the county
39-12 criminal courts of Tarrant County that have criminal appellate
39-13 jurisdiction.
39-14 SECTION 53. Section 30.00564, Government Code, is amended by
39-15 adding Subsection (k) to read as follows:
39-16 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
39-17 to this subchapter.
39-18 SECTION 54. Section 30.00565, Government Code, is amended to
39-19 read as follows:
39-20 Sec. 30.00565. CLERK; OTHER PERSONNEL. (a) The city manager
39-21 of the town shall appoint a clerk of the municipal court of record
39-22 who may hire, direct, and remove the personnel authorized in the
39-23 town's annual budget for the clerk's office. [The clerk or the
39-24 clerk's deputies shall keep the records of the municipal courts of
39-25 record, issue process, and generally perform the duties for the
39-26 courts that a clerk of the county court exercising criminal
39-27 jurisdiction is required by law to perform for that court.] The
40-1 clerk shall perform the duties in accordance with statutes, the
40-2 town charter, and town ordinances.
40-3 (b) Sections 30.00009(c) and (d) do not apply to this
40-4 subchapter.
40-5 SECTION 55. Section 30.00566(a), Government Code, is amended
40-6 to read as follows:
40-7 (a) [The town shall provide a court reporter for the purpose
40-8 of preserving a record in cases tried before the municipal court of
40-9 record.] The clerk of the court shall appoint the court reporter
40-10 under Section 30.00010[, who must meet the qualifications provided
40-11 by law for official court reporters. The reporter shall be
40-12 compensated by the town in the manner determined by the governing
40-13 body of the town].
40-14 SECTION 56. Section 30.00601, Government Code, is amended to
40-15 read as follows:
40-16 Sec. 30.00601. APPLICATION; DEFINITION. (a) This
40-17 subchapter applies to the City of Midland.
40-18 (b) In this subchapter, "appellate courts" means the County
40-19 Court of Midland County.
40-20 SECTION 57. Section 30.00604, Government Code, is amended by
40-21 amending Subsection (b) and adding Subsection (f) to read as
40-22 follows:
40-23 (b) In addition to satisfying the requirements of Section
40-24 30.00006(c), a [A] municipal judge [must be a licensed attorney in
40-25 good standing in this state. The judge must be a citizen of the
40-26 United States and of this state. The judge] must maintain residence
40-27 in the city during the tenure of office but need not be a resident
41-1 of the city at the time of the appointment. The judge shall serve
41-2 full time and may not engage in the private practice of law while
41-3 in office.
41-4 (f) Section 30.00007(b)(5) does not apply to this
41-5 subchapter.
41-6 SECTION 58. Section 30.00606, Government Code, is amended by
41-7 amending Subsection (a) and adding Subsection (c) to read as
41-8 follows:
41-9 (a) [The city shall provide a court reporter for the purpose
41-10 of preserving a record in cases tried before the municipal court of
41-11 record.] The municipal judge shall appoint the court reporter
41-12 under Section 30.00010, who must meet qualifications determined by
41-13 the judge or, if there is more than one judge, by the presiding
41-14 municipal judge. The governing body of the city shall set the
41-15 compensation of the court reporter on the recommendation of the
41-16 presiding judge.
41-17 (c) Section 30.00010(d) does not apply to this subchapter.
41-18 SECTION 59. Section 30.00631, Government Code, is amended to
41-19 read as follows:
41-20 Sec. 30.00631. APPLICATION; DEFINITION. (a) This
41-21 subchapter applies to the City of River Oaks.
41-22 (b) In this subchapter, "appellate courts" means the county
41-23 criminal courts of Tarrant County that have criminal appellate
41-24 jurisdiction.
41-25 SECTION 60. Section 30.00634, Government Code, is amended by
41-26 amending Subsection (d) and adding Subsection (k) to read as
41-27 follows:
42-1 (d) In addition to exercising powers under Section
42-2 30.00006(e), a municipal [A municipal judge must be a licensed
42-3 attorney in good standing in this state and must have two or more
42-4 years of experience in the practice of law in this state. The
42-5 judge must be a citizen of the United States and of this state.
42-6 The] judge shall devote as much time to the office as it requires.
42-7 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
42-8 to this subchapter.
42-9 SECTION 61. Section 30.00636, Government Code, is amended to
42-10 read as follows:
42-11 Sec. 30.00636. CLERK; OTHER PERSONNEL. (a) The city
42-12 administrator of the city shall appoint a clerk of the municipal
42-13 court of record who may hire, direct, and remove the personnel
42-14 authorized in the city's annual budget for the clerk's office.
42-15 [The clerk or the clerk's deputies shall keep the records of the
42-16 municipal courts of record, issue process, and generally perform
42-17 the duties for the courts that a clerk of the county court
42-18 exercising criminal jurisdiction is required by law to perform for
42-19 that court.] The clerk shall perform the duties in accordance with
42-20 statutes, the city charter, and city ordinances.
42-21 (b) Sections 30.00009(c) and (d) do not apply to this
42-22 subchapter.
42-23 SECTION 62. Section 30.00637(a), Government Code, is amended
42-24 to read as follows:
42-25 (a) [The city shall provide a court reporter for the purpose
42-26 of preserving a record in cases tried before the municipal court of
42-27 record.] The clerk of the court shall appoint the court reporter
43-1 under Section 30.00010[, who must meet the qualifications provided
43-2 by law for official court reporters. The reporter shall be
43-3 compensated by the city in the manner determined by the governing
43-4 body of the city].
43-5 SECTION 63. Section 30.00671, Government Code, is amended to
43-6 read as follows:
43-7 Sec. 30.00671. APPLICATION; DEFINITION. (a) This
43-8 subchapter applies to the City of Houston.
43-9 (b) In this subchapter, "appellate courts" means the county
43-10 criminal courts of Harris County that have criminal appellate
43-11 jurisdiction.
43-12 SECTION 64. Section 30.00674, Government Code, is amended by
43-13 adding Subsection (i) to read as follows:
43-14 (i) Section 30.00007(b)(5) does not apply to this
43-15 subchapter.
43-16 SECTION 65. Section 30.00675, Government Code, is amended by
43-17 adding Subsection (c) to read as follows:
43-18 (c) Section 30.00009(c) does not apply to this subchapter.
43-19 SECTION 66. Section 30.00676, Government Code, is amended to
43-20 read as follows:
43-21 Sec. 30.00676. COURT REPORTER. (a) Each municipal judge
43-22 may appoint an official court reporter under Section 30.00010 to
43-23 transcribe the trial proceedings, including testimony, voir dire
43-24 examinations, objections, and final arguments.
43-25 (b) Section 30.00010(d) does not apply to this subchapter.
43-26 [If the defendant or the state requests a court reporter prior to
43-27 trial, the judge shall appoint an official court reporter. The
44-1 reporter is entitled to receive a salary set by the governing
44-2 body.]
44-3 SECTION 67. Section 30.00701, Government Code, is amended to
44-4 read as follows:
44-5 Sec. 30.00701. APPLICATION; DEFINITION. (a) This
44-6 subchapter applies to the City of Marshall.
44-7 (b) In this subchapter, "appellate courts" means the County
44-8 Court of Harrison County.
44-9 SECTION 68. Section 30.00704, Government Code, is amended by
44-10 amending Subsection (b) and adding Subsection (f) to read as
44-11 follows:
44-12 (b) In addition to exercising powers under Section
44-13 30.00006(e), a municipal [A municipal judge must be a licensed
44-14 attorney in good standing in this state. The judge must be a
44-15 citizen of the United States and of this state but need not be a
44-16 resident of the city. The] judge shall devote as much time to the
44-17 office as it requires.
44-18 (f) Section 30.00007(b)(5) does not apply to this
44-19 subchapter.
44-20 SECTION 69. Section 30.00706, Government Code, is amended by
44-21 amending Subsection (a) and adding Subsection (c) to read as
44-22 follows:
44-23 (a) [The city shall provide a court reporter for the purpose
44-24 of preserving a record in cases tried before the municipal court of
44-25 record.] The municipal judge shall appoint the court reporter
44-26 under Section 30.00010[, who must meet the qualifications provided
44-27 by law for official court reporters. The governing body of the
45-1 city shall set the compensation of the court reporter].
45-2 (c) Section 30.00010(d) does not apply to this subchapter.
45-3 SECTION 70. Section 30.00731(b), Government Code, is amended
45-4 to read as follows:
45-5 (b) In this subchapter, "appellate courts" means the county
45-6 courts at law of Travis County that have criminal appellate
45-7 jurisdiction.
45-8 SECTION 71. Section 30.00734, Government Code, is amended by
45-9 amending Subsection (g) and adding Subsection (i) to read as
45-10 follows:
45-11 (g) In addition to satisfying the requirements of Section
45-12 30.00006(c), a [A] municipal judge must [be a licensed attorney in
45-13 good standing, must have practiced law in this state for two years,
45-14 must be a citizen of the United States, and must] have been a
45-15 resident of the city for the two-year period immediately preceding
45-16 appointment. [A person may not serve as a municipal judge while
45-17 the person holds other office or employment with the city
45-18 government. A municipal judge who takes such an office or
45-19 employment vacates the judicial office.]
45-20 (i) Section 30.00007(b)(5) does not apply to this
45-21 subchapter.
45-22 SECTION 72. Section 30.00737, Government Code, is amended by
45-23 adding Subsection (d) to read as follows:
45-24 (d) Section 30.00010(d) does not apply to this subchapter.
45-25 SECTION 73. Section 30.00771, Government Code, is amended to
45-26 read as follows:
45-27 Sec. 30.00771. APPLICATION; DEFINITION. (a) This
46-1 subchapter applies to the City of Odessa.
46-2 (b) In this subchapter, "appellate courts" means the county
46-3 courts at law of Ector County that have criminal appellate
46-4 jurisdiction.
46-5 SECTION 74. Section 30.00774, Government Code, is amended by
46-6 adding Subsection (f) to read as follows:
46-7 (f) Section 30.00007(b)(5) does not apply to this
46-8 subchapter.
46-9 SECTION 75. Section 30.00779, Government Code, is amended by
46-10 adding Subsection (f) to read as follows:
46-11 (f) Section 30.00010(d) does not apply to this subchapter.
46-12 SECTION 76. Section 30.00811, Government Code, is amended to
46-13 read as follows:
46-14 Sec. 30.00811. APPLICATION; DEFINITION. (a) This
46-15 subchapter applies to the City of Dallas.
46-16 (b) In this subchapter, "appellate courts" means the county
46-17 criminal courts of Dallas County that have criminal appellate
46-18 jurisdiction.
46-19 SECTION 77. Section 30.00814, Government Code, is amended by
46-20 amending Subsection (d) and adding Subsection (g) to read as
46-21 follows:
46-22 (d) In addition to performing duties under Sections
46-23 30.00007(b)(1) and (4), the [The] administrative municipal judge
46-24 shall[:]
46-25 [(1) provide for the distribution of cases among the
46-26 individual municipal judges to equalize the distribution of
46-27 business in the courts;]
47-1 [(2) assign municipal judges to exchange benches and
47-2 to sit and act for each other in a proceeding pending in a court if
47-3 necessary for the expeditious disposition of business in the
47-4 courts; and]
47-5 [(3)] promulgate work rules for the administration of
47-6 the municipal courts.
47-7 (g) Sections 30.00007(b)(2), (3), and (5) do not apply to
47-8 this subchapter.
47-9 SECTION 78. Section 30.00851, Government Code, is amended to
47-10 read as follows:
47-11 Sec. 30.00851. APPLICATION; DEFINITION. (a) This
47-12 subchapter applies to the City of Arlington.
47-13 (b) In this subchapter, "appellate courts" means the county
47-14 criminal courts of Tarrant County that have criminal appellate
47-15 jurisdiction.
47-16 SECTION 79. Section 30.00854, Government Code, is amended by
47-17 amending Subsection (d) and adding Subsection (k) to read as
47-18 follows:
47-19 (d) In addition to satisfying the requirements of Section
47-20 30.00006(c), a [A] municipal judge [must be a licensed attorney in
47-21 good standing in this state and must have two or more years of
47-22 experience in the practice of law in this state. The judge must be
47-23 a citizen of the United States and of this state. The judge] shall
47-24 devote as much time to the office as it requires.
47-25 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
47-26 to this subchapter.
47-27 SECTION 80. Section 30.00855, Government Code, is amended to
48-1 read as follows:
48-2 Sec. 30.00855. CLERK; OTHER PERSONNEL. (a) The city
48-3 manager of the city shall appoint a clerk of the municipal court of
48-4 record who may hire, direct, and remove the personnel authorized in
48-5 the city's annual budget for the clerk's office. [The clerk or the
48-6 clerk's deputies shall keep the records of the municipal courts of
48-7 record, issue process, and generally perform the duties for the
48-8 courts that a clerk of the county court exercising criminal
48-9 jurisdiction is required by law to perform for that court.] The
48-10 clerk shall perform the duties in accordance with statutes, the
48-11 city charter, and city ordinances.
48-12 (b) Sections 30.00009(c) and (d) do not apply to this
48-13 subchapter.
48-14 SECTION 81. Section 30.00856(a), Government Code, is amended
48-15 to read as follows:
48-16 (a) [The city shall provide a court reporter for the purpose
48-17 of preserving a record in cases tried before the municipal court of
48-18 record.] The clerk of the court shall appoint the court reporter
48-19 under Section 30.00010[, who must meet the qualifications provided
48-20 by law for official court reporters. The reporter shall be
48-21 compensated by the city in the manner determined by the governing
48-22 body of the city].
48-23 SECTION 82. Section 30.00891, Government Code, is amended to
48-24 read as follows:
48-25 Sec. 30.00891. APPLICATION; DEFINITION. (a) This
48-26 subchapter applies to the City of Garland.
48-27 (b) In this subchapter, "appellate courts" means the county
49-1 criminal courts of Dallas County that have criminal appellate
49-2 jurisdiction.
49-3 SECTION 83. Section 30.00894, Government Code, is amended by
49-4 adding Subsection (g) to read as follows:
49-5 (g) Section 30.00007(b)(5) does not apply to this
49-6 subchapter.
49-7 SECTION 84. Section 30.00895, Government Code, is amended to
49-8 read as follows:
49-9 Sec. 30.00895. CLERK. (a) The city manager, with the
49-10 consent of the governing body of the city, shall appoint a clerk of
49-11 the municipal courts of record who may hire, direct, and remove the
49-12 personnel authorized in the city's annual budget for the clerk's
49-13 office. [The clerk or the clerk's deputies shall keep the records
49-14 of the municipal courts of record, issue process, and generally
49-15 perform the duties for the courts that a clerk of a county court
49-16 exercising criminal jurisdiction is required by law to perform for
49-17 that court.] The clerk shall perform the duties in accordance with
49-18 statutes, the city charter, and city ordinances.
49-19 (b) Sections 30.00009(c) and (d) do not apply to this
49-20 subchapter.
49-21 SECTION 85. Section 30.00896(a), Government Code, is amended
49-22 to read as follows:
49-23 (a) [For the purpose of preserving a record in all cases
49-24 tried and proceedings held before the municipal courts, the city
49-25 shall provide an official court reporter.] The official court
49-26 reporter shall be appointed by the chief judge under Section
49-27 30.00010 [and must have the qualifications required by general law
50-1 for official court reporters. The court reporter shall be
50-2 compensated in the manner determined by the governing body of the
50-3 city].
50-4 SECTION 86. Section 30.00931, Government Code, is amended to
50-5 read as follows:
50-6 Sec. 30.00931. APPLICATION; DEFINITION. (a) This
50-7 subchapter applies to the City of Amarillo.
50-8 (b) In this subchapter, "appellate courts" means the county
50-9 courts at law in Potter and Randall counties.
50-10 SECTION 87. Section 30.00934, Government Code, is amended by
50-11 amending Subsections (a) and (e) and adding Subsection (f) to read
50-12 as follows:
50-13 (a) A municipal [court of record is presided over by a
50-14 municipal judge who must be a licensed attorney in good standing in
50-15 this state and a citizen of the United States and of this state.
50-16 The] judge need not be a resident of the city at the time of
50-17 appointment but must, in addition to satisfying the requirements of
50-18 Section 30.00006(c), maintain residence in the city during the term
50-19 of office. The judge shall devote full time to the duties of that
50-20 office and may not engage in the private practice of law while in
50-21 office.
50-22 (e) The governing body of the city shall appoint a judge to
50-23 be the presiding municipal judge who shall, in addition to
50-24 performing duties under Sections 30.00007(b)(1), (3), and (4),[:]
50-25 [(1) maintain a central docket for all cases filed in
50-26 the municipal courts;]
50-27 [(2)] assign cases among the judges[;]
51-1 [(3) request the jurors necessary for cases that are
51-2 set for trial by jury; and]
51-3 [(4) temporarily assign judges or relief judges to act
51-4 for each other in a proceeding pending in a court if necessary for
51-5 the expeditious disposition of business in the courts].
51-6 (f) Sections 30.00007(b)(2) and (5) do not apply to this
51-7 subchapter.
51-8 SECTION 88. Section 30.00939, Government Code, is amended by
51-9 adding Subsection (d) to read as follows:
51-10 (d) Section 30.00010(d) does not apply to this subchapter.
51-11 SECTION 89. Section 30.00971, Government Code, is amended to
51-12 read as follows:
51-13 Sec. 30.00971. APPLICATION; DEFINITION. (a) This
51-14 subchapter applies to the town of Addison.
51-15 (b) In this subchapter, "appellate courts" means the county
51-16 criminal courts of Dallas County that have criminal appellate
51-17 jurisdiction.
51-18 SECTION 90. Section 30.00976, Government Code, is amended by
51-19 adding Subsection (e) to read as follows:
51-20 (e) Section 30.00007(b)(5) does not apply to this
51-21 subchapter.
51-22 SECTION 91. Section 30.00977, Government Code, is amended to
51-23 read as follows:
51-24 Sec. 30.00977. CLERK. The city manager, with the consent of
51-25 the governing body of the city, shall appoint a clerk of the
51-26 municipal courts of record who may hire, direct, and remove the
51-27 personnel authorized in the city's annual budget for the clerk's
52-1 office. [The clerk or the clerk's deputies shall keep the records
52-2 of the municipal courts of record, issue process, and generally
52-3 perform the duties for the courts that a clerk of the county court
52-4 exercising criminal jurisdiction is required by law to perform for
52-5 that court.] The clerk shall perform the duties in accordance with
52-6 statutes, the city charter, and city ordinances.
52-7 SECTION 92. Section 30.00978(a), Government Code, is amended
52-8 to read as follows:
52-9 (a) [The city shall provide a court reporter for the purpose
52-10 of preserving a record in cases tried before the municipal court of
52-11 record.] The clerk of the court shall appoint the court reporter
52-12 under Section 30.00010[, who must meet the qualifications provided
52-13 by law for official court reporters. The reporter shall be
52-14 compensated by the city in the manner determined by the governing
52-15 body of the city].
52-16 SECTION 93. Section 30.01011, Government Code, is amended to
52-17 read as follows:
52-18 Sec. 30.01011. APPLICATION; DEFINITION. (a) This
52-19 subchapter applies to the city of Grapevine.
52-20 (b) In this subchapter, "appellate courts" means the county
52-21 criminal courts of Tarrant County that have criminal appellate
52-22 jurisdiction.
52-23 SECTION 94. Section 30.01014, Government Code, is amended by
52-24 amending Subsections (d) and (j) and adding Subsection (k) to read
52-25 as follows:
52-26 (d) In addition to satisfying the requirements of Section
52-27 30.00006(c), a municipal [A municipal judge must be a licensed
53-1 attorney in good standing in this state and must have two or more
53-2 years of experience in the practice of law in this state. The
53-3 judge must be a citizen of the United States and of this state.
53-4 The] judge must maintain residence in the city during the tenure of
53-5 office and must be a resident of the city at the time of
53-6 appointment or election. The judge shall devote as much time to
53-7 the office as it requires.
53-8 (j) [A majority of the governing body may appoint one or
53-9 more qualified persons to be available to serve for a municipal
53-10 judge who is temporarily absent due to illness, family death,
53-11 continuing legal or judicial education programs, or for any other
53-12 reason. The chief judge, or the municipal judge if there is no
53-13 chief judge, shall select one of the persons appointed by the
53-14 governing body to serve during an absence. An alternate judge,
53-15 while serving, has all the powers and shall discharge all the
53-16 duties of a municipal judge.] An alternate judge must have the
53-17 same qualifications as a municipal judge, except that an alternate
53-18 judge may, but need not be, a resident of the city.
53-19 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
53-20 to this subchapter.
53-21 SECTION 95. Section 30.01015, Government Code, is amended to
53-22 read as follows:
53-23 Sec. 30.01015. CLERK; OTHER PERSONNEL. (a) The city
53-24 manager of the city shall appoint a clerk of the municipal courts
53-25 of record who may hire, direct, and remove the personnel authorized
53-26 in the city's annual budget for the clerk's office. [The clerk or
53-27 the clerk's deputies shall keep the records of the municipal courts
54-1 of record, issue process, and generally perform the duties for the
54-2 courts that a clerk of the county court exercising criminal
54-3 jurisdiction is required by law to perform for that court.] The
54-4 clerk shall perform the duties in accordance with statutes, the
54-5 city charter, and city ordinances.
54-6 (b) Sections 30.00009(c) and (d) do not apply to this
54-7 subchapter.
54-8 SECTION 96. Section 30.01016(a), Government Code, is amended
54-9 to read as follows:
54-10 (a) [The city shall provide a court reporter for the purpose
54-11 of preserving a record in cases tried before the municipal court of
54-12 record.] The clerk of the court shall appoint the court reporter
54-13 under Section 30.00010[, who must meet the qualifications provided
54-14 by law for official court reporters. The reporter shall be
54-15 compensated by the city in the manner determined by the governing
54-16 body of the city].
54-17 SECTION 97. Section 30.01051, Government Code, is amended to
54-18 read as follows:
54-19 Sec. 30.01051. APPLICATION; DEFINITION. (a) This
54-20 subchapter applies to the City of Hurst.
54-21 (b) In this subchapter, "appellate courts" means the county
54-22 criminal courts of Tarrant County that have criminal appellate
54-23 jurisdiction.
54-24 SECTION 98. Section 30.01054, Government Code, is amended by
54-25 amending Subsection (d) and adding Subsection (k) to read as
54-26 follows:
54-27 (d) In addition to exercising powers under Section
55-1 30.00006(e), a municipal [A municipal judge must be a licensed
55-2 attorney in good standing in this state and must have two or more
55-3 years of experience in the practice of law in this state. The
55-4 judge must be a citizen of the United States and of this state.
55-5 The] judge shall devote as much time to the office as it requires.
55-6 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
55-7 to this subchapter.
55-8 SECTION 99. Section 30.01055, Government Code, is amended to
55-9 read as follows:
55-10 Sec. 30.01055. CLERK; OTHER PERSONNEL. (a) The city manager
55-11 of the city shall appoint a clerk of the municipal court of record
55-12 who may hire, direct, and remove the personnel authorized in the
55-13 city's annual budget for the clerk's office. [The clerk or the
55-14 clerk's deputies shall keep the records of the municipal courts of
55-15 record, issue process, and generally perform the duties for the
55-16 courts that a clerk of the county court exercising criminal
55-17 jurisdiction is required by law to perform for that court.] The
55-18 clerk shall perform the duties in accordance with statutes, the
55-19 city charter, and city ordinances.
55-20 (b) Sections 30.00009(c) and (d) do not apply to this
55-21 subchapter.
55-22 SECTION 100. Section 30.01056(a), Government Code, is
55-23 amended to read as follows:
55-24 (a) [The city shall provide a court reporter for the purpose
55-25 of preserving a record in cases tried before the municipal court of
55-26 record.] The presiding judge [clerk of the court] shall appoint
55-27 the court reporter under Section 30.00010 [who must meet the
56-1 qualifications provided by law for official court reporters. The
56-2 reporter shall be compensated by the city in the manner determined
56-3 by the governing body of the city].
56-4 SECTION 101. Section 30.01091, Government Code, is amended
56-5 to read as follows:
56-6 Sec. 30.01091. APPLICATION; DEFINITION. (a) This subchapter
56-7 applies to the City of Carrollton.
56-8 (b) In this subchapter, "appellate courts" means the county
56-9 criminal courts of Dallas County that have criminal appellate
56-10 jurisdiction.
56-11 SECTION 102. Section 30.01096, Government Code, is amended
56-12 by amending Subsection (a) and adding Subsections (d) and (e) to
56-13 read as follows:
56-14 (a) In addition to satisfying the requirements of Section
56-15 30.00006(c), a presiding municipal judge must maintain residence in
56-16 the city during the tenure of office [A municipal court of record
56-17 is presided over by a municipal judge. The municipal judge must be
56-18 a licensed attorney in good standing in this state. The judge must
56-19 be a citizen of the United States and a resident of this state but
56-20 need not be a resident of the city]. The municipal judge shall
56-21 devote full time to the duties of the office as necessary.
56-22 (d) Section 30.00007(b)(5) does not apply to this
56-23 subchapter.
56-24 (e) A municipal court of record may be presided over by an
56-25 assistant municipal judge.
56-26 SECTION 103. Subchapter CC, Chapter 30, Government Code, is
56-27 amended by adding Section 30.010975 to read as follows:
57-1 Sec. 30.010975. AUTOMATIC RESIGNATION. If the municipal
57-2 judge or an assistant municipal judge announces a candidacy or
57-3 becomes a candidate in a general, special, or primary election,
57-4 for any office of profit or trust under the laws of the state or
57-5 the United States, the announcement or the candidacy constitutes an
57-6 automatic resignation of the appointment, effective the date of the
57-7 announcement or candidacy.
57-8 SECTION 104. Section 30.01098, Government Code, is amended
57-9 by amending Subsection (a) and adding Subsection (d) to read as
57-10 follows:
57-11 (a) The city manager shall appoint a clerk of the municipal
57-12 court of record who shall be known as the municipal court clerk.
57-13 The clerk may hire, direct, and remove the personnel authorized in
57-14 the city's annual budget for the clerk's office.
57-15 (d) Sections 30.00009(c) and (d) do not apply to this
57-16 subchapter.
57-17 SECTION 105. Section 30.01131, Government Code, is amended
57-18 to read as follows:
57-19 Sec. 30.01131. APPLICATION; DEFINITION. (a) This
57-20 subchapter applies to the City of White Settlement.
57-21 (b) In this subchapter, "appellate courts" means the county
57-22 criminal courts of Tarrant County that have criminal appellate
57-23 jurisdiction.
57-24 SECTION 106. Section 30.01134, Government Code, is amended
57-25 by amending Subsection (d) and adding Subsection (k) to read as
57-26 follows:
57-27 (d) In addition to exercising powers under Section
58-1 30.00006(e), a municipal [A municipal judge must be a licensed
58-2 attorney in good standing in this state and must have two or more
58-3 years of experience in the practice of law in this state. The
58-4 judge must be a citizen of the United States and of this state.
58-5 The] judge shall devote as much time to the office as it requires.
58-6 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
58-7 to this subchapter.
58-8 SECTION 107. Section 30.01135, Government Code, is amended
58-9 to read as follows:
58-10 Sec. 30.01135. CLERK; OTHER PERSONNEL. (a) The city manager
58-11 of the city shall appoint a clerk of the municipal court of record
58-12 who may hire, direct, and remove the personnel authorized in the
58-13 city's annual budget for the clerk's office. [The clerk or the
58-14 clerk's deputies shall keep the records of the municipal courts of
58-15 record, issue process, and generally perform the duties for the
58-16 courts that a clerk of the county court exercising criminal
58-17 jurisdiction is required by law to perform for that court.] The
58-18 clerk shall perform the duties in accordance with statutes, the
58-19 city charter, and city ordinances.
58-20 (b) Sections 30.00009(c) and (d) do not apply to this
58-21 subchapter.
58-22 SECTION 108. Section 30.01136(a), Government Code, is
58-23 amended to read as follows:
58-24 (a) [The city shall provide a court reporter for the purpose
58-25 of preserving a record in cases tried before the municipal court of
58-26 record.] The presiding judge [clerk of the court] shall appoint
58-27 the court reporter under Section 30.00010[, who must meet the
59-1 qualifications provided by law for official court reporters. The
59-2 reporter shall be compensated by the city in the manner determined
59-3 by the governing body of the city].
59-4 SECTION 109. Section 30.01171, Government Code, is amended
59-5 to read as follows:
59-6 Sec. 30.01171. APPLICATION; DEFINITION. (a) This
59-7 subchapter applies to the City of Euless.
59-8 (b) In this subchapter, "appellate courts" means the county
59-9 criminal courts of Tarrant County that have criminal appellate
59-10 jurisdiction.
59-11 SECTION 110. Section 30.01174, Government Code, is amended
59-12 by amending Subsection (d) and adding Subsection (k) to read as
59-13 follows:
59-14 (d) In addition to exercising powers under Section
59-15 30.00006(e), a municipal [A municipal judge must be a licensed
59-16 attorney in good standing in this state and must have two or more
59-17 years of experience in the practice of law in this state. The
59-18 judge must be a citizen of the United States and of this state.
59-19 The] judge shall devote as much time to the office as it requires.
59-20 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
59-21 to this subchapter.
59-22 SECTION 111. Section 30.01175, Government Code, is amended
59-23 to read as follows:
59-24 Sec. 30.01175. CLERK; OTHER PERSONNEL. (a) The city manager
59-25 of the city shall appoint a clerk of the municipal court of record
59-26 who may hire, direct, and remove the personnel authorized in the
59-27 city's annual budget for the clerk's office. [The clerk or the
60-1 clerk's deputies shall keep the records of the municipal courts of
60-2 record, issue process, and generally perform the duties for the
60-3 courts that a clerk of the county court exercising criminal
60-4 jurisdiction is required by law to perform for that court.] The
60-5 clerk shall perform the duties in accordance with statutes, the
60-6 city charter, and city ordinances.
60-7 (b) Sections 30.00009(c) and (d) do not apply to this
60-8 subchapter.
60-9 SECTION 112. Section 30.01176(a), Government Code, is
60-10 amended to read as follows:
60-11 (a) [The city shall provide a court reporter for the purpose
60-12 of preserving a record in cases tried before the municipal court of
60-13 record.] The presiding judge [clerk of the court] shall appoint
60-14 the court reporter under Section 30.00010 [who must meet the
60-15 qualifications provided by law for official court reporters. The
60-16 reporter shall be compensated by the city in the manner determined
60-17 by the governing body of the city].
60-18 SECTION 113. Section 30.01211, Government Code, is amended
60-19 to read as follows:
60-20 Sec. 30.01211. APPLICATION; DEFINITION. (a) This subchapter
60-21 applies to the city of Denton.
60-22 (b) In this subchapter, "appellate courts" means the county
60-23 courts at law of Denton County that have criminal appellate
60-24 jurisdiction.
60-25 SECTION 114. Section 30.01216, Government Code, is amended
60-26 by amending Subsection (a) and adding Subsection (d) to read as
60-27 follows:
61-1 (a) [A municipal court of record is presided over by a
61-2 municipal judge. The municipal judge must be a licensed attorney
61-3 in good standing in this state. The judge must be a citizen of the
61-4 United States and resident of this state but need not be a resident
61-5 of the city.] The municipal judge shall devote full time to the
61-6 duties of the office as necessary.
61-7 (d) Section 30.00007 does not apply to this subchapter.
61-8 SECTION 115. Section 30.01218, Government Code, is amended
61-9 by adding Subsection (d) to read as follows:
61-10 (d) Section 30.00009(c) does not apply to this subchapter.
61-11 SECTION 116. Section 30.01219(a), Government Code, is
61-12 amended to read as follows:
61-13 (a) [The city shall provide a court reporter for the purpose
61-14 of preserving a record in cases tried before the municipal court of
61-15 record.] The presiding judge [clerk of the court] shall appoint
61-16 the court reporter under Section 30.00010[, who must meet the
61-17 qualifications provided by law for official court reporters].
61-18 SECTION 117. Section 30.01251, Government Code, is amended
61-19 to read as follows:
61-20 Sec. 30.01251. APPLICATION; DEFINITION. (a) This subchapter
61-21 applies to the City of Lake Worth.
61-22 (b) In this subchapter, "appellate courts" means the county
61-23 criminal courts of Tarrant County that have criminal appellate
61-24 jurisdiction.
61-25 SECTION 118. Section 30.01254, Government Code, is amended
61-26 by amending Subsection (d) and adding Subsection (k) to read as
61-27 follows:
62-1 (d) In addition to exercising powers under Section
62-2 30.00006(e), a municipal [A municipal judge must be a licensed
62-3 attorney in good standing in this state and must have two or more
62-4 years of experience in the practice of law in this state. The
62-5 judge must be a citizen of the United States and of this state.
62-6 The] judge shall devote as much time to the office as it requires.
62-7 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
62-8 to this subchapter.
62-9 SECTION 119. Section 30.01256, Government Code, is amended
62-10 to read as follows:
62-11 Sec. 30.01256. CLERK; OTHER PERSONNEL. (a) The city
62-12 administrator of the city shall appoint a clerk of the municipal
62-13 court of record who may hire, direct, and remove the personnel
62-14 authorized in the city's annual budget for the clerk's office.
62-15 [The clerk or the clerk's deputies shall keep the records of the
62-16 municipal courts of record, issue process, and generally perform
62-17 the duties for the courts that a clerk of the county court
62-18 exercising criminal jurisdiction is required by law to perform for
62-19 that court.] The clerk shall perform the duties in accordance with
62-20 statutes, the city charter, and city ordinances.
62-21 (b) Sections 30.00009(c) and (d) do not apply to this
62-22 subchapter.
62-23 SECTION 120. Section 30.01257(a), Government Code, is
62-24 amended to read as follows:
62-25 (a) [The city shall provide a court reporter for the purpose
62-26 of preserving a record in cases tried before the municipal court of
62-27 record.] The presiding judge [clerk of the court] shall appoint the
63-1 court reporter under Section 30.00010[, who must meet the
63-2 qualifications provided by law for official court reporters. The
63-3 reporter shall be compensated by the city in the manner determined
63-4 by the governing body of the city].
63-5 SECTION 121. Section 30.01291, Government Code, is amended
63-6 to read as follows:
63-7 Sec. 30.01291. APPLICATION; DEFINITION. (a) This
63-8 subchapter applies to the City of Rowlett.
63-9 (b) In this subchapter, "appellate courts" means the county
63-10 criminal courts of Dallas County that have criminal appellate
63-11 jurisdiction.
63-12 SECTION 122. Section 30.01294, Government Code, is amended
63-13 by amending Subsection (d) and adding Subsection (k) to read as
63-14 follows:
63-15 (d) In addition to exercising powers under Section
63-16 30.00006(e), a municipal [A municipal judge must be a licensed
63-17 attorney in good standing in this state and must have two or more
63-18 years of experience in the practice of law in this state. The
63-19 judge must be a citizen of the United States and of this state.
63-20 The] judge shall devote as much time to the office as it requires.
63-21 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
63-22 to this subchapter.
63-23 SECTION 123. Section 30.01295, Government Code, is amended
63-24 to read as follows:
63-25 Sec. 30.01295. CLERK; OTHER PERSONNEL. (a) The city manager
63-26 of the city shall appoint a clerk of the municipal court of record
63-27 who may hire, direct, and remove the personnel authorized in the
64-1 city's annual budget for the clerk's office. [The clerk or the
64-2 clerk's deputies shall keep the records of the municipal courts of
64-3 record, issue process, and generally perform the duties for the
64-4 courts that a clerk of the county court exercising criminal
64-5 jurisdiction is required by law to perform for that court.] The
64-6 clerk shall perform the duties in accordance with statutes, the
64-7 city charter, and city ordinances.
64-8 (b) Sections 30.00009(c) and (d) do not apply to this
64-9 subchapter.
64-10 SECTION 124. Sections 30.01296(b) and (c), Government Code,
64-11 are amended to read as follows:
64-12 (b) A municipal court of record is not required to record
64-13 testimony in a case unless the judge or one of the parties requests
64-14 a record. [A party's request for a record must be in writing and
64-15 be filed with the court at least three days before trial.]
64-16 (c) The recording shall be kept and stored for a 20-day
64-17 period beginning the day after the last day of the proceeding,
64-18 trial, or denial of motion for new trial, whichever occurs last.
64-19 The proceedings that are appealed shall be transcribed from the
64-20 recording by an official [a] court reporter [provided by the city].
64-21 SECTION 125. Section 30.01321, Government Code, is amended
64-22 to read as follows:
64-23 Sec. 30.01321. APPLICATION; DEFINITION. (a) This subchapter
64-24 applies to the City of Lewisville.
64-25 (b) In this subchapter, "appellate courts" means the county
64-26 courts at law of Denton County that have criminal appellate
64-27 jurisdiction.
65-1 SECTION 126. Section 30.01326, Government Code, is amended
65-2 by amending Subsection (d) and adding Subsection (g) to read as
65-3 follows:
65-4 (d) In addition to exercising powers under Section
65-5 30.00006(e), a municipal [A municipal judge must be a licensed
65-6 attorney in good standing in this state and must have two or more
65-7 years of experience in the practice of law in this state. The
65-8 judge must be a citizen of the United States and of this state.
65-9 The] judge shall devote as much time to the office as it requires.
65-10 (g) Section 30.00007(b)(5) does not apply to this
65-11 subchapter.
65-12 SECTION 127. Section 30.01329(a), Government Code, is
65-13 amended to read as follows:
65-14 (a) [The city shall provide a court reporter for the purpose
65-15 of preserving a record in cases tried before the municipal court of
65-16 record.] The clerk of the court shall appoint the court reporter
65-17 under Section 30.00010[, who must meet the qualifications provided
65-18 by law for official court reporters. The reporter shall be
65-19 compensated by the city in the manner determined by the governing
65-20 body of the city].
65-21 SECTION 128. Section 30.01371, Government Code, is amended
65-22 to read as follows:
65-23 Sec. 30.01371. APPLICATION; DEFINITION. (a) This
65-24 subchapter applies to the City of Dalworthington Gardens.
65-25 (b) In this subchapter, "appellate courts" means the county
65-26 criminal courts of Tarrant County that have criminal appellate
65-27 jurisdiction.
66-1 SECTION 129. Section 30.01374, Government Code, is amended
66-2 by amending Subsection (d) and adding Subsection (k) to read as
66-3 follows:
66-4 (d) In addition to exercising powers under Section
66-5 30.00006(e), a municipal [A municipal judge must be a licensed
66-6 attorney in good standing in this state and must have two or more
66-7 years of experience in the practice of law in this state. The
66-8 judge must be a citizen of the United States and of this state.
66-9 The] judge shall devote as much time to the office as it requires.
66-10 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
66-11 to this subchapter.
66-12 SECTION 130. Section 30.01376(a), Government Code, is
66-13 amended to read as follows:
66-14 (a) [The city shall provide a court reporter for the purpose
66-15 of preserving a record in cases tried before the municipal court of
66-16 record.] The clerk of the court shall appoint the court reporter
66-17 under Section 30.00010 [, who must meet the qualifications provided
66-18 by law for official court reporters. The reporter shall be
66-19 compensated by the city in the manner determined by the governing
66-20 body of the city].
66-21 SECTION 131. Section 30.01401, Government Code, is amended
66-22 to read as follows:
66-23 Sec. 30.01401. APPLICATION; DEFINITION. (a) This
66-24 subchapter applies to the City of Richardson.
66-25 (b) In this subchapter, "appellate courts" means the county
66-26 criminal courts of Dallas County that have criminal appellate
66-27 jurisdiction.
67-1 SECTION 132. Section 30.01406, Government Code, is amended
67-2 by adding Subsection (d) to read as follows:
67-3 (d) Section 30.00007 does not apply to this subchapter.
67-4 SECTION 133. Section 30.01441, Government Code, is amended
67-5 to read as follows:
67-6 Sec. 30.01441. APPLICATION; DEFINITION. (a) This
67-7 subchapter applies to the City of Coppell.
67-8 (b) In this subchapter, "appellate courts" means the county
67-9 criminal courts of Dallas County that have criminal appellate
67-10 jurisdiction.
67-11 SECTION 134. Section 30.01446, Government Code, is amended
67-12 by adding Subsection (f) to read as follows:
67-13 (f) Section 30.00007 does not apply to this subchapter.
67-14 SECTION 135. Chapter 30, Government Code, is amended by
67-15 adding Subchapters NN-RR to read as follows:
67-16 SUBCHAPTER NN. TYLER
67-17 Sec. 30.01511. APPLICATION. This subchapter applies to the
67-18 City of Tyler.
67-19 Sec. 30.01512. JUDGE. (a) A municipal court of record is
67-20 presided over by a municipal judge appointed to office by the city
67-21 manager in the manner provided by the city charter.
67-22 (b) If the city manager appoints more than one municipal
67-23 judge under Subsection (a), the city manager shall appoint one of
67-24 the municipal judges as the presiding municipal judge.
67-25 (c) A municipal judge is entitled to a salary from the city
67-26 the amount of which is determined by the city manager. A municipal
67-27 judge's salary may not be diminished during the judge's term of
68-1 office. A municipal judge's salary may not be based directly or
68-2 indirectly on fines, fees, or costs collected by the court.
68-3 Sec. 30.01513. CLERK; OTHER PERSONNEL. The city manager
68-4 shall provide a clerk of the municipal courts of record. The city
68-5 manager shall provide deputy clerks, warrant officers, and other
68-6 personnel as needed for the proper operation of the municipal
68-7 courts of record. The clerk and other court personnel shall
68-8 perform their duties under the direction and control of the city
68-9 manager.
68-10 Sec. 30.01514. COURT REPORTER. The municipal court clerk
68-11 shall appoint the court reporter.
68-12 Sec. 30.01515. APPEAL. The County Court of Smith County has
68-13 jurisdiction over an appeal.
68-14 SUBCHAPTER OO. SANSOM PARK
68-15 Sec. 30.01541. APPLICATION. This subchapter applies to the
68-16 City of Sansom Park.
68-17 Sec. 30.01542. MAGISTRATES. (a) The governing body may
68-18 appoint one or more magistrates in addition to magistrates provided
68-19 under Article 2.09, Code of Criminal Procedure.
68-20 (b) A magistrate does not have to possess all the
68-21 qualifications necessary to be a municipal court of record judge.
68-22 (c) A magistrate may not preside over the court or hear
68-23 contested cases.
68-24 (d) A magistrate may:
68-25 (1) conduct an arraignment;
68-26 (2) hold an indigency hearing;
68-27 (3) accept a plea;
69-1 (4) sign a judgment;
69-2 (5) set the amount of a bond; and
69-3 (6) perform other functions under Article 15.17, Code
69-4 of Criminal Procedure.
69-5 Sec. 30.01543. CLERK; OTHER PERSONNEL. The city
69-6 administrator of the city shall appoint a clerk of the municipal
69-7 court of record who may hire, direct, and remove the personnel
69-8 authorized in the city's annual budget for the clerk's office.
69-9 Sec. 30.01544. COURT REPORTER. The clerk of the court shall
69-10 appoint the court reporter.
69-11 Sec. 30.01545. APPEAL. The county criminal courts of
69-12 Tarrant County have jurisdiction over an appeal.
69-13 Sec. 30.01546. JOINT COURTS: CREATION. (a) The governing
69-14 body of the city may contract with one or more municipalities that
69-15 have municipal courts of record to establish a joint municipal
69-16 court of record to serve the contracting municipalities.
69-17 (b) A joint municipal court of record created under this
69-18 section replaces each municipality's individual municipal court of
69-19 record.
69-20 Sec. 30.01547. JOINT COURT: JUDGES. (a) Notwithstanding
69-21 any other law, a joint municipal court of record created under
69-22 Section 30.01546 is presided over by a municipal judge or alternate
69-23 municipal judge who is appointed by a majority vote of each of the
69-24 governing bodies of the contracting municipalities for a two-year
69-25 term.
69-26 (b) The judge of a joint municipal court of record may be
69-27 removed from office as provided by Section 30.000085 by the
70-1 governing bodies of the contracting municipalities at any time for
70-2 incompetency, misconduct, malfeasance, or inability to perform the
70-3 tasks of the office.
70-4 Sec. 30.01548. JOINT COURTS: JURISDICTION. (a) The
70-5 jurisdiction of a joint municipal court of record created under
70-6 Section 30.01546 is the combined jurisdiction of the municipal
70-7 courts of the contracting municipalities.
70-8 (b) An appeal from a joint municipal court of record created
70-9 under Section 30.01546 is to the county criminal court of the
70-10 county in which the offense occurred. If that county does not have
70-11 a county criminal court, appeal is to the county court of law of
70-12 the county.
70-13 Sec. 30.01549. JOINT COURT: PROSECUTING ATTORNEY. A
70-14 municipality that contracts under Section 30.01546 may provide its
70-15 own prosecuting attorney or the contracting municipalities may
70-16 agree on the selection of one or more prosecuting attorneys.
70-17 Sec. 30.01550. JOINT COURT: APPLICABLE LAW. (a) The
70-18 municipalities by contract shall select one of the contracting
70-19 municipality's enabling statutes as the source of applicable
70-20 procedural requirements for the operation of the joint municipal
70-21 court of record established under Section 30.01546.
70-22 (b) All of the provisions of the statute selected under
70-23 Subsection (a) apply to the operation of the joint municipal court
70-24 of record. If there is a conflict with any of the provisions in
70-25 Sections 30.01546-30.01549, those sections control.
70-26 (c) Any matter that is not governed by the contracting
70-27 municipalities' enabling legislation or other law shall be resolved
71-1 by the contract entered into under Section 30.01546.
71-2 SUBCHAPTER PP. FARMERS BRANCH
71-3 Sec. 30.01591. APPLICATION. This subchapter applies to the
71-4 City of Farmers Branch.
71-5 Sec. 30.01592. CREATION. On creation of the initial
71-6 municipal court of record, the governing body of the city shall
71-7 determine the method of selecting the judge of a municipal court of
71-8 record by:
71-9 (1) adopting an ordinance that provides for the
71-10 appointment of a municipal judge by the governing body of the city;
71-11 (2) adopting an ordinance that provides for the
71-12 election of a municipal judge by the qualified voters of the city;
71-13 or
71-14 (3) ordering an election in which the qualified voters
71-15 of the city determine whether a municipal judge is appointed by the
71-16 governing body of the city or elected.
71-17 Sec. 30.01593. CLERK; OTHER PERSONNEL. (a) The city
71-18 manager shall appoint a clerk of the municipal court of record, who
71-19 shall be known as the municipal court clerk.
71-20 (b) The clerk may hire, direct, and remove the personnel
71-21 authorized in the city's annual budget for the clerk's office.
71-22 Sec. 30.01594. COURT REPORTER. The clerk of the court shall
71-23 appoint the court reporter.
71-24 Sec. 30.01595. APPEAL. The county criminal courts of appeal
71-25 of Dallas County have jurisdiction of appeals from the municipal
71-26 courts of record.
71-27 SUBCHAPTER QQ. HILL COUNTRY VILLAGE
72-1 Sec. 30.01631. APPLICATION. This subchapter applies to the
72-2 City of Hill Country Village.
72-3 Sec. 30.01632. CLERK; OTHER PERSONNEL. The city secretary
72-4 shall be, ex officio, the clerk of the municipal court of record
72-5 and may hire, direct, and remove the personnel authorized in the
72-6 city's annual budget for the clerk's office.
72-7 Sec. 30.01633. COURT REPORTER. The clerk of the court shall
72-8 appoint the court reporter.
72-9 Sec. 30.01634. APPEAL. The county courts at law of Bexar
72-10 County have jurisdiction over an appeal.
72-11 SUBCHAPTER RR. RIO BRAVO
72-12 Sec. 30.01691. APPLICATION. This subchapter applies to the
72-13 City of Rio Bravo.
72-14 Sec. 30.01692. CLERK; OTHER PERSONNEL. The city manager or
72-15 city administrator of the city shall appoint a clerk of the
72-16 municipal court of record who may hire, direct, and remove the
72-17 personnel authorized in the city's annual budget for the clerk's
72-18 office.
72-19 Sec. 30.01693. COURT REPORTER. The clerk of the court shall
72-20 appoint the court reporter.
72-21 Sec. 30.01694. APPEAL. The county courts at law of Webb
72-22 County have jurisdiction over an appeal.
72-23 SECTION 136. Chapter 30, Government Code, is amended by
72-24 adding Subchapter SS to read as follows:
72-25 SUBCHAPTER SS. LIVE OAK
72-26 Sec. 30.01721. APPLICATION. This subchapter applies to the
72-27 City of Live Oak.
73-1 Sec. 30.01722. CLERK; OTHER PERSONNEL. The city secretary
73-2 shall be, ex officio, the clerk of the municipal court of record
73-3 and may hire, direct, and remove the personnel authorized in the
73-4 city's annual budget for the clerk's office.
73-5 Sec. 30.01723. COURT REPORTER. The clerk of the court shall
73-6 appoint the court reporter.
73-7 Sec. 30.01724. APPEAL. The county courts at law of Bexar
73-8 County have jurisdiction over an appeal.
73-9 SECTION 137. Chapter 30, Government Code, is amended by
73-10 adding Subchapter TT to read as follows:
73-11 SUBCHAPTER TT. FLOWER MOUND
73-12 Sec. 30.01751. APPLICATION. This subchapter applies to the
73-13 Town of Flower Mound.
73-14 Sec. 30.01752. COURT REPORTER. The municipal court clerk
73-15 shall appoint the court reporter. The town manager shall set the
73-16 compensation of the court reporter.
73-17 Sec. 30.01753. APPEAL. The appropriate county court of
73-18 Denton County having jurisdiction over appeals from municipal
73-19 courts shall have jurisdiction over any appeal.
73-20 SECTION 138. The following sections of the Government Code
73-21 are repealed:
73-22 (1) 30.00042, 30.00043, 30.00044(a), (d)-(i), and (k),
73-23 30.00045, 30.00046(a) and (b), and 30.00047-30.00062;
73-24 (2) 30.00082, 30.00083, 30.00084(a)-(g) and (i),
73-25 30.00086(b)-(d), and 30.00087-30.00101;
73-26 (3) 30.00124-30.00127, 30.00128(a), (c), (d), (h), and
73-27 (i), 30.00131-30.00135, 30.00148-30.00161, and 30.00163;
74-1 (4) 30.00182, 30.00183, 30.00184(a)-(j),
74-2 30.00186(b)-(d), and 30.00187-30.00201;
74-3 (5) 30.00222, 30.00223, 30.00224(a), (b), and (d)-(j),
74-4 30.00225, and 30.00227-30.00242;
74-5 (6) 30.00262, 30.00263, 30.00264(a)-(j),
74-6 30.00267(b)-(d), and 30.00268-30.00282;
74-7 (7) 30.00302, 30.00303, 30.00304(a) and (c)-(h),
74-8 30.00307, 30.00309, and 30.00311-30.00322;
74-9 (8) 30.00342, 30.00343, 30.00344(a)-(j),
74-10 30.00346(b)-(d), and 30.00347-30.00361;
74-11 (9) 30.00382, 30.00383, 30.00384(a), (b), and (d)-(j),
74-12 30.00386, 30.00387, and 30.00389-30.00402;
74-13 (10) 30.00422-30.00425, 30.00426(a)-(j),
74-14 30.00428(b)-(d), and 30.00429-30.00444;
74-15 (11) 30.00462, 30.00463, 30.00464(a) and (c)-(e),
74-16 30.00465(a) and (c), 30.00466(b), and 30.00467-30.00476;
74-17 (12) 30.00492, 30.00493, 30.00494(a)-(j),
74-18 30.00496(b)-(d), and 30.00497-30.00511;
74-19 (13) 30.00532, 30.00533, 30.00534(a)-(e), 30.00535,
74-20 30.00536(b), and 30.00537-30.00547;
74-21 (14) 30.00562, 30.00563, 30.00564(a)-(j),
74-22 30.00566(b)-(d), and 30.00567-30.00581;
74-23 (15) 30.00602, 30.00603, 30.00604(a) and (c)-(e),
74-24 30.00605(a) and (c), 30.00606(b), and 30.00607-30.00616;
74-25 (16) 30.00632, 30.00633, 30.00634(a)-(c) and (e)-(j),
74-26 30.00637(b)-(d), and 30.00638-30.00652;
74-27 (17) 30.00672, 30.00673, 30.00674(a)-(h), 30.00675,
75-1 and 30.00677-30.00688;
75-2 (18) 30.00702, 30.00703, 30.00704(a) and (c)-(e),
75-3 30.00705, 30.00706(b), and 30.00707-30.00717;
75-4 (19) 30.00732, 30.00733, 30.00734(a)-(f) and (h),
75-5 30.00735, 30.00737(a)-(c), and 30.00738-30.00754;
75-6 (20) 30.00772, 30.00773, 30.00774(a)-(e),
75-7 30.00775-30.00777, 30.00779(a)-(e), and 30.00780-30.00794;
75-8 (21) 30.00812, 30.00813, 30.00814(a)-(c), (e), and
75-9 (f), 30.00815-30.00817, and 30.00819-30.00839;
75-10 (22) 30.00852, 30.00853, 30.00854(a)-(c) and (e)-(j),
75-11 30.00856(b)-(d), and 30.00857-30.00871;
75-12 (23) 30.00892, 30.00893, 30.00894(a)-(f),
75-13 30.00896(b)-(d), and 30.00897-30.00910;
75-14 (24) 30.00932, 30.00933, 30.00934(b)-(d), 30.00935,
75-15 30.00936, 30.00938, 30.00939(b) and (c), and 30.00940-30.00954;
75-16 (25) 30.00972-30.00975, 30.00976(a)-(d), 30.00978(b)
75-17 and (d), and 30.00979-30.00992;
75-18 (26) 30.01012, 30.01013, 30.01014(a)-(c) and (e)-(i),
75-19 30.01016(b)-(d), and 30.01017-30.01032;
75-20 (27) 30.01052, 30.01053, 30.01054(a)-(c) and (e)-(j),
75-21 30.01056(b)-(d), and 30.01057-30.01071;
75-22 (28) 30.01092-30.01095, 30.01096(b) and (c), 30.01097,
75-23 30.01098(b) and (c), 30.01099(b)-(e), and 30.01100-30.01113;
75-24 (29) 30.01132, 30.01133, 30.01134(a)-(c) and (e)-(j),
75-25 30.01136(b)-(e), and 30.01137-30.01151;
75-26 (30) 30.01172, 30.01173, 30.01174(a)-(c) and (e)-(j),
75-27 30.01176(b)-(d), and 30.01177-30.01191;
76-1 (31) 30.01212-30.01215, 30.01216(b) and (c), 30.01217,
76-2 30.01218(b), 30.01219(b)-(e), and 30.01220-30.01233;
76-3 (32) 30.01252, 30.01253, 30.01254(a)-(c) and (e)-(j),
76-4 30.01257(b)-(d), and 30.01258-30.01272;
76-5 (33) 30.01292, 30.01293, 30.01294(a)-(c) and (e)-(j),
76-6 and 30.01297-30.01311;
76-7 (34) 30.01322-30.01325, 30.01326(a)-(c), (e), and (f),
76-8 30.01327, 30.01328(c), 30.01329(b)-(e), and 30.01330-30.01345;
76-9 (35) 30.01372, 30.01373, 30.01374(a)-(c) and (e)-(j),
76-10 30.01376(b)-(d), and 30.01377-30.01391;
76-11 (36) 30.01402-30.01405, 30.01406(a)-(c), 30.01407,
76-12 30.01409-30.01423; and
76-13 (37) 30.01442-30.01445, 30.01446(a)-(e), 30.01447,
76-14 30.01448(c), 30.01449-30.01464.
76-15 SECTION 139. (a) This Act takes effect September 1, 1999.
76-16 (b) A municipal judge serving on the effective date of this
76-17 Act continues in office as a judge for the term to which the judge
76-18 was elected or appointed before the effective date, unless
76-19 otherwise removed by law.
76-20 (c) A clerk, a court reporter, or other court staff holding
76-21 an appointed position on the effective date of this Act continues
76-22 to serve until the expiration of the person's term, if any, or
76-23 until another person is appointed to that position as provided by
76-24 this Act.
76-25 (d) A change in law made by this Act applies only to an
76-26 offense committed on or after the effective date of this Act. An
76-27 offense committed before the effective date of this Act is governed
77-1 by the law in effect at the time the offense was committed, and
77-2 that law is continued in effect for that purpose.
77-3 SECTION 140. The importance of this legislation and the
77-4 crowded condition of the calendars in both houses create an
77-5 emergency and an imperative public necessity that the
77-6 constitutional rule requiring bills to be read on three several
77-7 days in each house be suspended, and this rule is hereby suspended.