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 or charter provide for the appointment of
7-13 [appoint] a qualified person to fill the office for the remainder
7-14 of the unexpired term.
7-15 (b) The governing body [of the city] may appoint one or more
7-16 qualified persons to be available to serve for a municipal judge
7-17 who is temporarily absent due to illness, family death, continuing
7-18 legal or judicial education programs, or any other reason [as
7-19 relief municipal judges]. The presiding judge, or the municipal
7-20 judge if there is no presiding judge, shall select one of the
7-21 qualified persons appointed by the governing body to serve during
7-22 the absence of a municipal judge. The substitute judge, while
7-23 serving as a municipal judge, has all the powers and shall
7-24 discharge all the duties of a municipal judge. A substitute [A
7-25 relief] judge must meet the qualifications prescribed for the
7-26 municipal [regular] judge. [The governing body shall set the
7-27 compensation of the relief judges. The presiding municipal judge
8-1 may assign a relief judge to act for a municipal judge who is
8-2 temporarily unable to act for any reason. A relief judge has all
8-3 the powers and duties of the office while so acting.]
8-4 [(c) A municipal judge may be removed in the manner
8-5 prescribed for removal of a county court at law judge.]
8-6 Sec. 30.000085. REMOVAL OF JUDGE. A municipal judge of a
8-7 general law municipality may be removed from office by the
8-8 governing body at any time for the reasons stated and by the
8-9 procedure provided for the removal of mayors and aldermen in
8-10 Section 21.002, Local Government Code. A municipal judge of a
8-11 home-rule municipality may be removed from office by the governing
8-12 body for the reasons stated and by the procedures provided for the
8-13 removal of judges in the charter of the municipality or, if the
8-14 charter does not provide for the removal of judges, as provided by
8-15 Section 1-a, Article V, Texas Constitution, or by the procedure
8-16 provided for the removal of mayors and aldermen in a general-law
8-17 municipality in Section 21.002, Local Government Code.
8-18 Sec. 30.00009 [30.00008]. CLERK; OTHER PERSONNEL. (a) The
8-19 governing body [of the city] shall by ordinance provide for the
8-20 appointment of [appoint] a clerk of the municipal courts of
8-21 record[, who shall be known as the municipal clerk]. The municipal
8-22 clerk shall keep the records of the municipal courts of record,
8-23 issue process, and generally perform the duties that a clerk of a
8-24 county court at law exercising criminal jurisdiction performs for
8-25 that court [serves at the pleasure of the governing body. The
8-26 clerk shall perform, as applicable, the duties prescribed by law
8-27 for the county clerk of a county court at law and any other duty
9-1 necessary to issue process and conduct business of the court. The
9-2 clerk may administer oaths and affidavits and make certificates and
9-3 affix the court's seal to those certificates]. In addition, the
9-4 clerk shall[:]
9-5 [(1) maintain central docket records for all cases
9-6 filed in the municipal courts of record; and]
9-7 [(2)] maintain an index of all court judgments in the
9-8 same manner as county clerks are required by law to prepare for
9-9 criminal cases arising in county courts.
9-10 (b) The [With the consent of the] governing body may provide
9-11 [of the city, the clerk may appoint one or more] deputy clerks,
9-12 warrant officers, and other personnel as needed for the proper
9-13 operation of the courts [to act for the clerk].
9-14 (c) The clerk and other [governing body of the city shall
9-15 provide the courts with other municipal] court personnel [that the
9-16 governing body determines necessary for the proper operation of the
9-17 courts. Those persons shall] perform their duties under the
9-18 direction and control of the presiding judge [clerk or the
9-19 municipal judge to whom assigned. The governing body shall
9-20 determine the salaries of the court personnel].
9-21 (d) The governing body shall by ordinance provide for the
9-22 hiring, direction, supervision, and removal of the personnel
9-23 authorized in the annual budget for the clerk's office.
9-24 Sec. 30.00010 [30.00009]. COURT REPORTER. (a) The
9-25 municipality shall provide a court reporter to [To] preserve a
9-26 record in cases tried before a municipal court of record[, the
9-27 governing body of the city shall provide an official court
10-1 reporter]. The court reporter must meet the qualifications
10-2 provided by law for official court reporters. The reporter shall
10-3 be compensated by the municipality [city] in the manner determined
10-4 by the governing body [of the city].
10-5 (b) The court reporter may use written notes, transcribing
10-6 equipment, video or audio recording equipment, or a combination of
10-7 those methods to record the proceedings of the court. The reporter
10-8 shall keep the record for the 20-day period beginning the day after
10-9 the last day of the proceeding, trial, or denial of motion for new
10-10 trial, or until any appeal is final, whichever occurs last.
10-11 (c) The court reporter is not required to record testimony
10-12 in a case [trial] unless the judge or one of the parties requests a
10-13 record.
10-14 (d) Instead of providing a court reporter, the governing
10-15 body may provide that the proceedings may be recorded by a good
10-16 quality electronic recording device. If the governing body
10-17 authorizes the electronic recording, the court reporter is not
10-18 required to be present to certify the statement of facts. The
10-19 recording shall be kept for the 20-day period beginning the day
10-20 after the last day of the court proceeding, trial, or denial of
10-21 motion for new trial, whichever occurs last. If a case is
10-22 appealed, the proceedings shall be transcribed from the recording
10-23 by an official court reporter.
10-24 Sec. 30.00011 [30.00010]. PROSECUTIONS [BY CITY ATTORNEY].
10-25 All prosecutions in municipal courts of record shall [must] be
10-26 conducted as provided by Article 45.03, Code of Criminal Procedure
10-27 [by the city attorney or an assistant or deputy city attorney].
11-1 Sec. 30.00012 [30.00011]. COURT FACILITIES. The governing
11-2 body shall provide courtrooms, jury rooms, offices, office
11-3 furniture, libraries, law books, and other facilities and supplies
11-4 that the governing body determines are necessary for the proper
11-5 operation of the municipal courts of record. [FILING OF ORIGINAL
11-6 PAPERS. (a) The municipal clerk shall file the original complaint
11-7 and the original of other papers in each case under the direction
11-8 of the presiding municipal judge. The filed original papers
11-9 constitute the records of the courts and a separate record book is
11-10 not required.]
11-11 [(b) The clerk shall keep a separate folder for each case
11-12 and shall note on the outside of the folder:]
11-13 [(1) the style of the case;]
11-14 [(2) the nature of the charged offense;]
11-15 [(3) the dates that the warrant was issued and
11-16 returned;]
11-17 [(4) the date the examination or trial was held;]
11-18 [(5) whether trial was held by jury or before a judge;]
11-19 [(6) trial settings;]
11-20 [(7) any verdict of the jury;]
11-21 [(8) any judgment of the court;]
11-22 [(9) any motion for a new trial and the decision on
11-23 the motion;]
11-24 [(10) whether an appeal was taken; and]
11-25 [(11) the date and the manner in which the judgment
11-26 and sentence were enforced.]
11-27 Sec. 30.000125. SEAL. (a) The governing body shall provide
12-1 each municipal court of record with a seal.
12-2 (b) The seal's appearance and use must substantially conform
12-3 to Article 45.02, Code of Criminal Procedure, but must include the
12-4 phrase "Municipal Court of/in __________, Texas."
12-5 Sec. 30.000126. COMPLAINT; PLEADING. Complaints and
12-6 pleadings must substantially conform to the relevant provisions of
12-7 Chapters 27 and 45, Code of Criminal Procedure.
12-8 Sec. 30.00013 [30.00012]. JURY. (a) Ordinances, rules, and
12-9 procedures concerning a trial by a jury, including the summoning of
12-10 jurors, must substantially conform to Chapter 45, Code of Criminal
12-11 Procedure. [Each person charged with an offense is entitled to a
12-12 trial by a jury of six persons unless the right is waived according
12-13 to law.]
12-14 (b) The presiding judge, the municipal court clerk, or the
12-15 court administrator, as determined by ordinance, shall supervise
12-16 the selection of persons for jury service. [A majority of the
12-17 municipal judges may adopt a plan for the selection of persons for
12-18 jury service from the voter registration rolls of the counties in
12-19 which the city is located. A plan adopted by the municipal courts
12-20 is binding on each court and must:]
12-21 [(1) require the compilation of jurors from the voter
12-22 registration lists of all voting precincts within the city and the
12-23 registry of permanently exempt persons residing in the city
12-24 maintained by the county tax collector as prescribed by Section
12-25 62.108;]
12-26 [(2) require selection of jurors who are eligible to
12-27 vote in the city and have the qualifications prescribed by
13-1 Subchapter B, Chapter 62; and]
13-2 [(3) require the courts to establish a fair,
13-3 impartial, and objective method of selecting persons for jury
13-4 service.]
13-5 [(c) The municipal clerk shall be the official in charge of
13-6 the selection process.]
13-7 [(d) Each juror is subject to the laws governing exemptions
13-8 and excuses from jury service in other courts.]
13-9 Sec. 30.00014 [30.00013]. APPEAL. (a) A defendant has the
13-10 right of appeal from a judgment or conviction in a municipal court
13-11 of record. The state has the right to appeal as provided by
13-12 Article 44.01, Code of Criminal Procedure. The county criminal
13-13 courts or county criminal courts of appeal [courts at law] in the
13-14 county in which the municipality [city] is located or the municipal
13-15 courts of appeal have jurisdiction of appeals from a municipal
13-16 court of record. If there is no county criminal court, county
13-17 criminal court of appeal, or municipal court of appeal [at law in
13-18 the county], the county courts at law have [court has] jurisdiction
13-19 of an appeal. [The city attorney or his assistants or deputies
13-20 shall prosecute all appeals from the municipal courts of record.]
13-21 (b) The appellate court shall determine each appeal from a
13-22 municipal court of record conviction and each appeal from the state
13-23 on the basis of the errors that are set forth in the appellant's
13-24 [defendant's] motion for new trial and that are presented in the
13-25 transcript and statement of facts prepared from the proceedings
13-26 leading to the conviction or appeal. An appeal from the municipal
13-27 court of record may not be by trial de novo.
14-1 (c) To perfect an appeal, the appellant [defendant] must
14-2 file a written motion for new trial with the municipal clerk not
14-3 later than the 10th day after the date on which judgment is
14-4 rendered. The motion must set forth the points of error of which
14-5 the appellant [defendant] complains. The motion or an amended
14-6 motion may be amended by leave of court at any time before action
14-7 on the motion is taken, but not later than the 20th day after the
14-8 date on which the original or amended motion is filed. The court
14-9 may for good cause extend the time for filing or amending, but the
14-10 extension may not exceed 90 days from the original filing deadline.
14-11 If the court does not act on the motion before the expiration of
14-12 the 30 days allowed for determination of the motion, the original
14-13 or amended motion is overruled by operation of law.
14-14 (d) To perfect an appeal, the appellant [defendant] must
14-15 also give notice of the appeal. If the appellant [defendant]
14-16 requests a hearing on the motion for new trial, the appellant
14-17 [defendant] may give the notice of appeal orally in open court on
14-18 the overruling of the motion. If there is no hearing, the
14-19 appellant [defendant] must give a written notice of appeal and must
14-20 file the notice with the court not later than the 10th day after
14-21 the date on which the motion is overruled. The court may for good
14-22 cause extend that time period, but the extension may not exceed 90
14-23 days from the original filing deadline.
14-24 (e) If the defendant is in custody, the appeal is perfected
14-25 when the notice of appeal is given as provided by Article 44.13,
14-26 Code of Criminal Procedure.
14-27 (f) A municipality shall by ordinance establish a transcript
15-1 preparation fee in the amount of $25. The transcript preparation
15-2 fee does not include the fee for an actual transcript of the
15-3 proceedings. The clerk shall note the payment of the fee on the
15-4 docket of the court. If the case is reversed on appeal, the fee
15-5 shall be refunded to the defendant.
15-6 (g) The defendant shall pay the transcript preparation fee
15-7 and the fee for an actual transcript of the proceedings.
15-8 Sec. 30.00015 [30.00014]. APPEAL BOND. (a) If the
15-9 defendant is not in custody, the defendant may not take an appeal
15-10 until the defendant files an appeal bond with the municipal court
15-11 of record. The bond must be approved by the court and must be
15-12 filed not later than the 10th day after the date on which the
15-13 motion for new trial is overruled. If the defendant is in custody,
15-14 the defendant shall be committed to jail unless the defendant posts
15-15 the appeal bond.
15-16 (b) The appeal bond must be in the amount of $100 [$50] or
15-17 double the amount of the fines and costs adjudged against the
15-18 defendant, whichever is greater.
15-19 (c) The bond must:
15-20 (1) state that the defendant was convicted in the case
15-21 and has appealed; [,] and
15-22 (2) [it must] be conditioned on the defendant's
15-23 immediate and daily personal appearance in the court to which the
15-24 appeal is taken.
15-25 Sec. 30.00016 [30.00015]. RECORD ON APPEAL. The record on
15-26 appeal must substantially conform to the provisions relating to the
15-27 preparation of a record on appeal in the Texas Rules of Appellate
16-1 Procedure and the Code of Criminal Procedure [consists of a
16-2 transcript and, if necessary to the appeal, a statement of facts.
16-3 The court reporter shall prepare the record from the reporter's
16-4 record or mechanical or videotape recordings of the proceedings.
16-5 The defendant shall pay for the cost of the transcription. If the
16-6 court finds that the defendant is unable to pay or give security
16-7 for the record on appeal after a hearing in response to an
16-8 affidavit by the defendant, the court shall order the reporter to
16-9 prepare the record without charge to the defendant. If the case is
16-10 reversed on appeal, the court shall promptly refund the cost to the
16-11 defendant].
16-12 Sec. 30.00017 [30.00016]. TRANSCRIPT. The transcript must
16-13 substantially conform to the provisions relating to the preparation
16-14 of a transcript in the Texas Rules of Appellate Procedure and the
16-15 Code of Criminal Procedure. [(a) On the written request of the
16-16 defendant or the defendant's attorney, the municipal clerk shall
16-17 prepare under his hand and seal a transcript of the municipal court
16-18 of record proceedings. The transcript must include copies of:]
16-19 [(1) the complaint;]
16-20 [(2) material docket entries made by the court;]
16-21 [(3) the jury charge and verdict in a jury trial;]
16-22 [(4) the judgment;]
16-23 [(5) the motion for new trial;]
16-24 [(6) the notice of appeal;]
16-25 [(7) written motions and pleas;]
16-26 [(8) written orders of the court;]
16-27 [(9) any bills of exception filed with the court; and]
17-1 [(10) the appeal bond.]
17-2 [(b) The clerk may include in the transcript additional
17-3 portions of the proceedings in the court prepared from mechanical
17-4 or videotape recordings.]
17-5 Sec. 30.00018 [30.00017]. BILLS OF EXCEPTION. Bills of
17-6 exception must substantially conform to the provisions relating to
17-7 the preparation of bills of exception in the Texas Rules of
17-8 Appellate Procedure and the Code of Criminal Procedure. [Either
17-9 party may include bills of exception in the transcript subject to
17-10 the applicable provisions of the Code of Criminal Procedure. The
17-11 bills of exception must be filed with the municipal clerk not later
17-12 than the 60th day after the date on which the notice of appeal is
17-13 given or filed.]
17-14 Sec. 30.00019 [30.00018]. STATEMENT OF FACTS. (a) A
17-15 statement of facts included in the record on appeal must
17-16 substantially conform to the provisions relating to the preparation
17-17 of a statement of facts in the Texas Rules of Appellate Procedure
17-18 and the Code of Criminal Procedure.
17-19 (b) The appellant shall pay for the statement of facts
17-20 [contain:]
17-21 [(1) a transcript of all or part of the municipal
17-22 court of record proceedings that are shown by the notes of the
17-23 court reporter to have occurred before, during, or after the trial,
17-24 if the transcript is requested by the defendant;]
17-25 [(2) a brief statement of the facts of the case proven
17-26 at trial as agreed to by the defendant and the prosecuting
17-27 attorney;]
18-1 [(3) a partial transcript and the agreed statement of
18-2 the facts of the case; or]
18-3 [(4) a transcript of all or part of the municipal
18-4 court of record proceedings in the case that is prepared from
18-5 mechanical or videotape recordings of the proceedings].
18-6 Sec. 30.00020 [30.00019]. [COMPLETION, APPROVAL, AND]
18-7 TRANSFER OF RECORD. (a) Not later than the 60th day after the
18-8 date on which the notice of appeal is given or filed, the parties
18-9 must file with the municipal clerk:
18-10 (1) the statement of facts;
18-11 (2) a written description of material to be included
18-12 in the transcript in addition to the required material; and
18-13 (3) any material to be included in the transcript that
18-14 is not in the custody of the clerk.
18-15 (b) On completion of the record, the municipal judge shall
18-16 approve the record in the manner provided for record completion,
18-17 approval, and notification in the court of appeals.
18-18 (c) After the court approves the record, the clerk shall
18-19 promptly send the record [it] to the appellate court clerk for
18-20 filing. The appellate court clerk shall notify the defendant and
18-21 the prosecuting attorney that the record has been filed.
18-22 Sec. 30.00021 [30.00020]. BRIEF ON APPEAL. (a) An
18-23 appellant's [A defendant's] brief on appeal from a municipal court
18-24 of record must present points of error in the manner required by
18-25 law for a brief on appeal to the court of appeals.
18-26 (b) The appellant [defendant] must file the brief with the
18-27 appellate court clerk not later than the 15th day after the date on
19-1 which the transcript and statement of facts are filed with that
19-2 clerk. The appellant [defendant] or the appellant's [defendant's]
19-3 attorney must certify that the brief has been properly mailed to
19-4 the appellee [prosecuting attorney].
19-5 (c) The appellee [prosecuting attorney] must file the
19-6 appellee's brief with the appellate court clerk not later than the
19-7 15th day after the date on which the appellant's [defendant's]
19-8 brief is filed.
19-9 (d) Each party, on [On] filing the party's brief with the
19-10 appellate court clerk, [each party] shall deliver a copy of the
19-11 brief to the opposing party and to the municipal judge.
19-12 (e) The record and the briefs on appeal shall be limited as
19-13 far as possible to the questions relied on for reversal.
19-14 Sec. 30.00022. NEW TRIAL. The trial court shall decide from
19-15 the briefs of the parties whether the appellant should be permitted
19-16 to withdraw the notice of appeal and be granted a new trial by the
19-17 court. The court may grant a new trial at any time before the
19-18 record is filed with the appellate court.
19-19 Sec. 30.00023 [30.00021]. COURT RULES. (a) Except as
19-20 modified by this subchapter, the Code of Criminal Procedure and
19-21 the Texas Rules of Appellate Procedure govern [governs] the trial
19-22 of cases before the municipal courts of record. The courts may
19-23 make and enforce all rules of practice and procedure necessary to
19-24 expedite the trial of cases before the courts that are not
19-25 inconsistent with [general] law.
19-26 (b) The appellate courts may make and enforce all rules of
19-27 practice and procedure that are not inconsistent with [general] law
20-1 and that are necessary to expedite the dispatch of appeals from the
20-2 municipal courts of record.
20-3 Sec. 30.00024 [30.00022]. DISPOSITION ON APPEAL.
20-4 (a) According to the law and the nature of the case, the appellate
20-5 court may:
20-6 (1) affirm the judgment of the municipal court of
20-7 record;
20-8 (2) reverse and remand for a new trial;
20-9 (3) reverse and dismiss the case; or
20-10 (4) reform and correct the judgment.
20-11 (b) Unless the matter was made an issue in the trial court
20-12 or it affirmatively appears to the contrary from the transcript or
20-13 the statement of facts, the appellate court shall presume that:
20-14 (1) venue was proven in the trial court;
20-15 (2) the jury, if any, was properly impaneled and
20-16 sworn;
20-17 (3) the defendant was arraigned and pleaded to the
20-18 complaint; and
20-19 (4) the municipal judge certified the charge before it
20-20 was read to the jury.
20-21 (c) In each case decided by the appellate court, the court
20-22 shall deliver a written opinion or order either sustaining or
20-23 overruling each assignment of error presented. The court shall set
20-24 forth the reasons for its decision. The appellate court clerk
20-25 shall mail copies of the decision to the parties and to the
20-26 municipal judge as soon as the decision is rendered.
20-27 (d) The appellate court may determine the rules for oral
21-1 argument. The parties may submit the case on the record and briefs
21-2 without oral argument.
21-3 Sec. 30.00025 [30.00023]. CERTIFICATE OF APPELLATE
21-4 PROCEEDINGS. (a) When the judgment of the appellate court becomes
21-5 final, the clerk of that court shall certify the proceedings and
21-6 the judgment and shall mail the certificate to the municipal clerk.
21-7 The municipal clerk shall file the certificate with the papers in
21-8 the case and note the certificate on the case docket.
21-9 (b) If the municipal court of record judgment is affirmed,
21-10 [further action] to enforce the judgment the court may [is not
21-11 necessary except to]:
21-12 (1) forfeit the bond of the defendant;
21-13 (2) issue a writ of capias for the defendant; [or]
21-14 (3) issue an execution against the defendant's
21-15 property;
21-16 (4) order a refund for the defendant's costs; or
21-17 (5) conduct an indigency hearing at the court's
21-18 discretion.
21-19 Sec. 30.00026 [30.00024]. EFFECT OF ORDER OF NEW TRIAL. If
21-20 the appellate court awards a new trial to the appellant
21-21 [defendant], the case stands as if a new trial had been granted by
21-22 the municipal court of record.
21-23 Sec. 30.00027 [30.00025]. APPEALS TO COURT OF APPEALS. (a)
21-24 The appellant [defendant] has the right to appeal to the court of
21-25 appeals if the fine assessed against the defendant exceeds $100 and
21-26 if the judgment is affirmed by the appellate court.
21-27 (b) The provisions of the Code of Criminal Procedure
22-1 relating to direct appeals from a county or a district court to the
22-2 court of appeals apply to the appeal, except that:
22-3 (1) the record and briefs on appeal in the appellate
22-4 court constitute the record and briefs on appeal to the court of
22-5 appeals unless the rules of the court of criminal appeals provide
22-6 otherwise; and
22-7 (2) the record and briefs shall be filed directly with
22-8 the court of appeals.
22-9 [Sec. 30.00026. SEAL. The governing body of the city shall
22-10 provide each municipal court of record with a seal with a star of
22-11 five points in the center and the words "Municipal Court of
22-12 ____________________, Texas." The impress of the seal shall be
22-13 attached to all papers, except subpoenas, issued out of the court
22-14 and shall be used by each municipal judge or the municipal clerk to
22-15 authenticate all official acts of the clerk and the judge.]
22-16 SECTION 2. Section 30.00041(b), Government Code, is amended
22-17 to read as follows:
22-18 (b) In this subchapter, "appellate courts" means the county
22-19 courts at law of Lubbock County that have criminal appellate
22-20 jurisdiction.
22-21 SECTION 3. Section 30.00044, Government Code, is amended by
22-22 amending Subsection (b) and adding Subsection (l) to read as
22-23 follows:
22-24 (b) A municipal judge is elected by the qualified voters of
22-25 the city for a term of four [two] years [unless the city by charter
22-26 amendment provides for a four-year term as provided by Article XI,
22-27 Section 11, of the Texas Constitution. The governing body of the
23-1 city may appoint a person with qualifications required of a
23-2 municipal judge to serve in a newly created municipal court of
23-3 record until the next regular city election].
23-4 (l) Section 30.00007(b)(5) does not apply to this
23-5 subchapter.
23-6 SECTION 4. Section 30.00046, Government Code, is amended by
23-7 adding Subsection (c) to read as follows:
23-8 (c) Section 30.00010(d) does not apply to this subchapter.
23-9 SECTION 5. Section 30.00081, Government Code, is amended to
23-10 read as follows:
23-11 Sec. 30.00081. APPLICATION; DEFINITION. (a) This
23-12 subchapter applies to the City of Irving.
23-13 (b) In this subchapter, "appellate courts" means the county
23-14 criminal courts of Dallas County that have criminal appellate
23-15 jurisdiction.
23-16 SECTION 6. Section 30.00084, Government Code, is amended by
23-17 amending Subsection (h) and adding Subsection (j) to read as
23-18 follows:
23-19 (h) In addition to exercising powers under Section 30.00006,
23-20 a [A municipal judge shall take judicial notice of state law, city
23-21 ordinances, and the corporate limits of the city in a case tried
23-22 before a municipal court of record. A municipal judge may grant
23-23 writs of mandamus, injunction, and attachment and other writs
23-24 necessary to the enforcement of the jurisdiction of the court and
23-25 may issue writs of habeas corpus in cases in which the offense
23-26 charged is within the jurisdiction of the court. A] municipal
23-27 judge, with the approval of all parties, may order a defendant and
24-1 the victim or complainant in a case before the municipal court to
24-2 engage in mediation or alternative dispute resolution. The city
24-3 shall provide mediation services and pay all costs of those
24-4 services.
24-5 (j) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
24-6 to this subchapter.
24-7 SECTION 7. Section 30.00085, Government Code, is amended to
24-8 read as follows:
24-9 Sec. 30.00085. CLERK; OTHER PERSONNEL. (a) The city
24-10 manager of the city may appoint a clerk of the municipal court of
24-11 record who may hire, direct, and remove the personnel authorized in
24-12 the city's annual budget for the clerk's office. [The clerk or the
24-13 clerk's deputies or assistants may keep the records of the
24-14 municipal courts of record, issue process, and generally perform
24-15 the duties for the courts that a clerk of the county court
24-16 exercising criminal jurisdiction is required by law to perform for
24-17 that court.] The clerk shall perform the duties in accordance with
24-18 statutes, the city charter, and city ordinances.
24-19 (b) Sections 30.00009(c) and (d) do not apply to this
24-20 subchapter.
24-21 SECTION 8. Section 30.00086(a), Government Code, is amended
24-22 to read as follows:
24-23 (a) [The city shall provide a court reporter for the purpose
24-24 of preserving a record in cases tried before the municipal court of
24-25 record.] The clerk of the court shall appoint the court reporter
24-26 under Section 30.00010[, who must meet the qualifications provided
24-27 by law for official court reporters. The reporter shall be
25-1 compensated by the city in the manner determined by the governing
25-2 body of the city].
25-3 SECTION 9. Section 30.00128, Government Code, is amended by
25-4 amending Subsection (g) and adding Subsection (l) to read as
25-5 follows:
25-6 (g) In addition to complying with Section 30.00006(h), the
25-7 [A municipal judge or an associate municipal judge is entitled to
25-8 compensation from the city to be set by the governing body of the
25-9 city. The compensation may not be diminished but may be increased
25-10 during a judge's term of office. The compensation may not be based
25-11 directly or indirectly on fines, fees, or costs that the judge is
25-12 required by law to collect during his term of office. The] salary
25-13 of the presiding judge must be set at an amount that is at least 20
25-14 percent more than the salary of the regular municipal judges.
25-15 (l) Section 30.00007(b) does not apply to this subchapter.
25-16 SECTION 10. Section 30.00129, Government Code, is amended to
25-17 read as follows:
25-18 Sec. 30.00129. COURT CLERK; OTHER PERSONNEL. In addition to
25-19 satisfying the requirements of Section 30.00009, the [The]
25-20 governing body of the city shall provide a clerk of the municipal
25-21 courts of record, deputy clerks, and other municipal court
25-22 personnel, including at least one bailiff for each court, as
25-23 necessary for the proper operation of the municipal courts. [The
25-24 clerk shall keep the records of proceedings of the municipal courts
25-25 of record, issue all processes, and perform the duties prescribed
25-26 by law for clerks of the county courts at law exercising criminal
25-27 jurisdiction to the extent that law applies. The clerk and other
26-1 personnel shall perform the duties of their office under the
26-2 direction and control of the presiding municipal judge.]
26-3 SECTION 11. Section 30.00130, Government Code, is amended by
26-4 adding Subsection (d) to read as follows:
26-5 (d) Section 30.00010(d) does not apply to this subchapter.
26-6 SECTION 12. Section 30.00144(d), Government Code, is amended
26-7 to read as follows:
26-8 (d) If an original or amended motion for new trial is not
26-9 determined by written order signed not later than 30 [20] days
26-10 after the date of the rendition of the judgment of conviction, the
26-11 motion is overruled by operation of law.
26-12 SECTION 13. Section 30.00145, Government Code, is amended to
26-13 read as follows:
26-14 Sec. 30.00145. RIGHT OF APPEAL. (a) A defendant has the
26-15 right of appeal from a judgment of conviction in the municipal
26-16 court of record under the rules prescribed by this subchapter. The
26-17 state has the right of appeal as provided by Article 44.01, Code of
26-18 Criminal Procedure. The El Paso Municipal Court of Appeals has
26-19 jurisdiction over appeals from the municipal courts of record, and
26-20 all appeals from convictions in the municipal court of record must
26-21 be prosecuted in the appellate court, the court of appeals, or the
26-22 court of criminal appeals by the city attorney or an assistant city
26-23 attorney.
26-24 (b) Section 30.00014 does not apply to this subchapter.
26-25 SECTION 14. Section 30.00147(a), Government Code, is amended
26-26 to read as follows:
26-27 (a) A defendant, as a condition of perfecting an appeal to
27-1 the appellate court, must file an appeal bond, unless the defendant
27-2 is in custody. An appeal may be perfected by timely filing with
27-3 the municipal court clerk an appeal bond that meets the
27-4 requirements of Subchapter A [this subchapter]. It is not
27-5 necessary to file a notice of appeal. If the defendant is in
27-6 custody, the appeal is perfected when notice of appeal is given as
27-7 provided by Article 44.13 [44.08], Code of Criminal Procedure[,
27-8 1965].
27-9 SECTION 15. Section 30.00181, Government Code, is amended to
27-10 read as follows:
27-11 Sec. 30.00181. APPLICATION; DEFINITION. (a) This
27-12 subchapter applies to the City of Kennedale.
27-13 (b) In this subchapter, "appellate courts" means the county
27-14 criminal courts of Tarrant County that have criminal appellate
27-15 jurisdiction.
27-16 SECTION 16. Section 30.00184, Government Code, is amended by
27-17 adding Subsection (k) to read as follows:
27-18 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
27-19 to this subchapter.
27-20 SECTION 17. Section 30.00185, Government Code, is amended to
27-21 read as follows:
27-22 Sec. 30.00185. CLERK; OTHER PERSONNEL. (a) The city
27-23 manager or city administrator of the city shall appoint a clerk of
27-24 the municipal court of record who may hire, direct, and remove the
27-25 personnel authorized in the city's annual budget for the clerk's
27-26 office. [The clerk or the clerk's deputies shall keep the records
27-27 of the municipal courts of record, issue process, and generally
28-1 perform the duties for the courts that a clerk of the county court
28-2 exercising criminal jurisdiction is required by law to perform for
28-3 that court.] The clerk shall perform the duties in accordance with
28-4 statutes, the city charter, and city ordinances.
28-5 (b) Sections 30.00009(c) and (d) do not apply to this
28-6 subchapter.
28-7 SECTION 18. Section 30.00186(a), Government Code, is amended
28-8 to read as follows:
28-9 (a) [The city shall provide a court reporter for the purpose
28-10 of preserving a record in cases tried before the municipal court of
28-11 record.] The clerk of the court shall appoint the court reporter
28-12 under Section 30.00010[, who must meet the qualifications provided
28-13 by law for official court reporters. The reporter shall be
28-14 compensated by the city in the manner determined by the governing
28-15 body of the city].
28-16 SECTION 19. Section 30.00221(b), Government Code, is amended
28-17 to read as follows:
28-18 (b) In this subchapter, "appellate courts" means the county
28-19 courts at law of Bexar County that have criminal appellate
28-20 jurisdiction.
28-21 SECTION 20. Section 30.00224, Government Code, is amended by
28-22 amending Subsection (c) and adding Subsections (k) and (l) to read
28-23 as follows:
28-24 (c) In addition to satisfying the requirements of Section
28-25 30.00006(c), a [A] municipal judge must have been a resident of the
28-26 city for at least three years immediately preceding the judge's
28-27 appointment [be a licensed attorney in good standing, must have had
29-1 two or more years of experience in the practice of law in this
29-2 state, and must be a citizen of the United States and of this
29-3 state. A person may not serve as a municipal judge while the
29-4 person holds other office or employment with the city government.
29-5 A municipal judge who takes such an office or employment vacates
29-6 the judicial office].
29-7 (k) Section 30.00007(b)(5) does not apply to this
29-8 subchapter.
29-9 (l) In addition to the duties imposed under Sections
29-10 30.00007(b)(1)-(4), the presiding judge shall promulgate work rules
29-11 for the administration of the municipal courts.
29-12 SECTION 21. Section 30.00225, Government Code, is amended by
29-13 adding Subsection (c) to read as follows:
29-14 (c) Sections 30.00009(c) and (d) do not apply to this
29-15 subchapter.
29-16 SECTION 22. Section 30.00261, Government Code, is amended to
29-17 read as follows:
29-18 Sec. 30.00261. APPLICATION; DEFINITION. (a) This
29-19 subchapter applies to the City of Mansfield.
29-20 (b) In this subchapter, "appellate courts" means the county
29-21 criminal courts of Tarrant County that have criminal appellate
29-22 jurisdiction.
29-23 SECTION 23. Section 30.00264, Government Code, is amended by
29-24 adding Subsection (k) to read as follows:
29-25 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
29-26 to this subchapter.
29-27 SECTION 24. Section 30.00266, Government Code, is amended to
30-1 read as follows:
30-2 Sec. 30.00266. CLERK; OTHER PERSONNEL. (a) The city
30-3 manager of the city shall appoint a clerk of the municipal court of
30-4 record who may hire, direct, and remove the personnel authorized in
30-5 the city's annual budget for the clerk's office. [The clerk or the
30-6 clerk's deputies shall keep the records of the municipal courts of
30-7 record, issue process, and generally perform the duties for the
30-8 courts that a clerk of the county court exercising criminal
30-9 jurisdiction is required by law to perform for that court.] The
30-10 clerk shall perform the duties in accordance with statutes, the
30-11 city charter, and city ordinances.
30-12 (b) Sections 30.00009(c) and (d) do not apply to this
30-13 subchapter.
30-14 SECTION 25. Section 30.00267(a), Government Code, is amended
30-15 to read as follows:
30-16 (a) [The city shall provide a court reporter for the purpose
30-17 of preserving a record in cases tried before the municipal court of
30-18 record.] The clerk of the court shall appoint the court reporter
30-19 under Section 30.00010[, who must meet the qualifications provided
30-20 by law for official court reporters. The reporter shall be
30-21 compensated by the city in the manner determined by the governing
30-22 body of the city].
30-23 SECTION 26. Section 30.00301, Government Code, is amended to
30-24 read as follows:
30-25 Sec. 30.00301. APPLICATION; DEFINITION. (a) This
30-26 subchapter applies to the City of Wichita Falls.
30-27 (b) In this subchapter, "appellate courts" means the county
31-1 courts at law of Wichita County that have criminal appellate
31-2 jurisdiction.
31-3 SECTION 27. Section 30.00304, Government Code, is amended by
31-4 amending Subsection (b) and adding Subsection (i) to read as
31-5 follows:
31-6 (b) In addition to satisfying the requirements of Section
31-7 30.00006(c), a [A] municipal judge [must be a licensed attorney in
31-8 good standing, must have had two or more years of experience in the
31-9 practice of law in this state, and must be a citizen of the United
31-10 States and of this state. The judge] must maintain residence in
31-11 the city during the tenure of office but need not be a resident of
31-12 the city at the time of the appointment. The judge may not engage
31-13 in the private practice of law while in office. The judge must
31-14 execute a bond and take the oath of office required of a county
31-15 judge.
31-16 (i) Sections 30.00007(a) and (b)(5) do not apply to this
31-17 subchapter.
31-18 SECTION 28. Section 30.00305, Government Code, is amended to
31-19 read as follows:
31-20 Sec. 30.00305. CLERK. (a) The city manager shall appoint a
31-21 clerk of the municipal courts of record. [The clerk or the clerk's
31-22 deputies shall keep the records of the municipal courts of record,
31-23 issue process, and generally perform the duties for the courts that
31-24 a clerk of a county court at law exercising criminal jurisdiction
31-25 performs for that court.] The clerk holds office at the pleasure
31-26 of the city manager and is subject to all city charter provisions,
31-27 ordinances, and personnel policies relating to non-civil service
32-1 city employees.
32-2 (b) Section 30.00009(c) does not apply to this subchapter.
32-3 SECTION 29. Section 30.00306, Government Code, is amended to
32-4 read as follows:
32-5 Sec. 30.00306. COURT REPORTER. (a) The city manager shall
32-6 appoint an official court reporter under Section 30.00010 for the
32-7 purpose of preserving a record in cases tried before the municipal
32-8 courts of record. The reporter holds office at the pleasure of the
32-9 city manager. The city manager may appoint more than one reporter
32-10 for each court if necessary to dispose of the business of the court
32-11 without delay. [A reporter is not required to record testimony in
32-12 a case in which neither the defendant, the prosecutor, nor the
32-13 judge demands it.] If a reporter is not demanded, a statement of
32-14 facts may be prepared from mechanical, audio, or video recordings
32-15 of the proceedings.
32-16 (b) Section 30.00010(d) does not apply to this subchapter.
32-17 SECTION 30. Section 30.00341, Government Code, is amended to
32-18 read as follows:
32-19 Sec. 30.00341. APPLICATION; DEFINITION. (a) This subchapter
32-20 applies to the City of Burleson.
32-21 (b) In this subchapter, "appellate courts" means the county
32-22 courts at law of Johnson County that have criminal appellate
32-23 jurisdiction.
32-24 SECTION 31. Section 30.00344, Government Code, is amended by
32-25 adding Subsection (k) to read as follows:
32-26 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
32-27 to this subchapter.
33-1 SECTION 32. Section 30.00345, Government Code, is amended to
33-2 read as follows:
33-3 Sec. 30.00345. CLERK; OTHER PERSONNEL. (a) The city
33-4 manager of the city shall appoint a clerk of the municipal court of
33-5 record who may hire, direct, and remove the personnel authorized in
33-6 the city's annual budget for the clerk's office. [The clerk or the
33-7 clerk's deputies shall keep the records of the municipal courts of
33-8 record, issue process, and generally perform the duties for the
33-9 courts that a clerk of the county court exercising criminal
33-10 jurisdiction is required by law to perform for that court.] The
33-11 clerk shall perform the duties in accordance with statutes, the
33-12 city charter, and city ordinances.
33-13 (b) Sections 30.00009(c) and (d) do not apply to this
33-14 subchapter.
33-15 SECTION 33. Section 30.00346(a), Government Code, is amended
33-16 to read as follows:
33-17 (a) [The city shall provide a court reporter for the purpose
33-18 of preserving a record in cases tried before the municipal court of
33-19 record.] The clerk of the court shall appoint the court reporter
33-20 under Section 30.00010[, who must meet the qualifications provided
33-21 by law for official court reporters. The reporter shall be
33-22 compensated by the city in the manner determined by the governing
33-23 body of the city].
33-24 SECTION 34. Section 30.00381, Government Code, is amended to
33-25 read as follows:
33-26 Sec. 30.00381. APPLICATION; DEFINITION. (a) This subchapter
33-27 applies to the City of Fort Worth.
34-1 (b) In this subchapter, "appellate courts" means the county
34-2 criminal courts of Tarrant County that have criminal appellate
34-3 jurisdiction.
34-4 SECTION 35. Section 30.00384, Government Code, is amended by
34-5 amending Subsection (c) and adding Subsection (k) to read as
34-6 follows:
34-7 (c) [A municipal judge must be a licensed attorney in good
34-8 standing and must have two or more years of experience in the
34-9 practice of law in this state. The judge must be a citizen of the
34-10 United States and of this state.] The judge must maintain
34-11 residence in the city during the tenure of office.
34-12 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
34-13 to this subchapter.
34-14 SECTION 36. Section 30.00385, Government Code, is amended to
34-15 read as follows:
34-16 Sec. 30.00385. CLERK. (a) The city manager with the
34-17 consent of the governing body of the city shall appoint a clerk of
34-18 the municipal courts of record. [The clerk or the clerk's deputies
34-19 shall keep the records of the municipal courts of record, issue
34-20 process, and generally perform the duties for the courts that a
34-21 clerk of a county court exercising criminal jurisdiction is
34-22 required by law to perform for that court.] The clerk shall
34-23 perform the duties in accordance with statutes, the city charter,
34-24 and city ordinances.
34-25 (b) Section 30.00009(c) does not apply to this subchapter.
34-26 SECTION 37. Section 30.00421, Government Code, is amended to
34-27 read as follows:
35-1 Sec. 30.00421. APPLICATION; DEFINITION. (a) This subchapter
35-2 applies to the City of Grand Prairie.
35-3 (b) In this subchapter, "appellate courts" means the county
35-4 criminal courts of Dallas County that have criminal appellate
35-5 jurisdiction.
35-6 SECTION 38. Section 30.00426, Government Code, is amended by
35-7 adding Subsection (k) to read as follows:
35-8 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
35-9 to this subchapter.
35-10 SECTION 39. Section 30.00427, Government Code, is amended
35-11 to read as follows:
35-12 Sec. 30.00427. CLERK; OTHER PERSONNEL. (a) The city
35-13 manager shall appoint a clerk of a municipal court of record who
35-14 may hire, direct, and remove the personnel authorized in the city's
35-15 annual budget for the clerk's office. [The clerk or the clerk's
35-16 deputies shall keep the records of the municipal courts of record,
35-17 issue process, and generally perform the duties for the courts that
35-18 a clerk of the county court exercising criminal jurisdiction is
35-19 required by law to perform for that court.] The clerk shall perform
35-20 the duties in accordance with statutes, the city charter, and city
35-21 ordinances.
35-22 (b) Sections 30.00009(c) and (d) do not apply to this
35-23 subchapter.
35-24 SECTION 40. Section 30.00428(a), Government Code, is amended
35-25 to read as follows:
35-26 (a) [The city shall provide a court reporter to preserve a
35-27 record in cases tried before a municipal court of record.] The
36-1 clerk of the court shall appoint the court reporter under Section
36-2 30.00010 [who must meet the qualifications provided by law for
36-3 official court reporters]. The reporter shall be compensated by
36-4 the city in the manner determined by the city manager.
36-5 SECTION 41. Section 30.00461, Government Code, is amended to
36-6 read as follows:
36-7 Sec. 30.00461. APPLICATION; DEFINITION. (a) This
36-8 subchapter applies to the City of Sweetwater.
36-9 (b) In this subchapter, "appellate courts" means the County
36-10 Court of Nolan County.
36-11 SECTION 42. Section 30.00464, Government Code, is amended by
36-12 adding Subsection (f) to read as follows:
36-13 (f) Section 30.00007(b)(5) does not apply to this
36-14 subchapter.
36-15 SECTION 43. Section 30.00466, Government Code, is amended by
36-16 amending Subsection (a) and adding Subsection (c) to read as
36-17 follows:
36-18 (a) [The city shall provide a court reporter for the purpose
36-19 of preserving a record in cases tried before the municipal court of
36-20 record.] The municipal judge shall appoint a court reporter under
36-21 Section 30.00010, whose qualifications shall be determined by the
36-22 judge or, if there is more than one municipal judge, by the
36-23 presiding municipal judge. [The governing body of the city shall
36-24 set the compensation of the court reporter.]
36-25 (c) Section 30.00010(d) does not apply to this subchapter.
36-26 SECTION 44. Section 30.00491, Government Code, is amended to
36-27 read as follows:
37-1 Sec. 30.00491. APPLICATION; DEFINITION. (a) This
37-2 subchapter applies to the City of Crowley.
37-3 (b) In this subchapter, "appellate courts" means the county
37-4 criminal courts of Tarrant County that have criminal appellate
37-5 jurisdiction.
37-6 SECTION 45. Section 30.00494, Government Code, is amended by
37-7 adding Subsection (k) to read as follows:
37-8 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
37-9 to this subchapter.
37-10 SECTION 46. Subchapter M, Chapter 30, Government Code, is
37-11 amended by adding Section 30.004945 to read as follows:
37-12 Sec. 30.004945. Magistrates. (a) The governing body may
37-13 appoint one or more magistrates in addition to magistrates provided
37-14 under Article 2.09, Code of Criminal Procedure.
37-15 (b) A magistrate does not have to possess all the
37-16 qualifications necessary to be a municipal court of record judge.
37-17 (c) A magistrate may not preside over the court or hear
37-18 contested cases.
37-19 (d) A magistrate may:
37-20 (1) conduct an arraignment;
37-21 (2) hold an indigency hearing;
37-22 (3) accept a plea;
37-23 (4) sign a judgment;
37-24 (5) set the amount of a bond; or
37-25 (6) perform other functions under Article 15.17, Code
37-26 of Criminal Procedure.
37-27 SECTION 47. Section 30.00495, Government Code, is amended to
38-1 read as follows:
38-2 Sec. 30.00495. CLERK; OTHER PERSONNEL. (a) The city manager
38-3 or city administrator of the city shall appoint a clerk of the
38-4 municipal court of record who may hire, direct, and remove the
38-5 personnel authorized in the city's annual budget for the clerk's
38-6 office. [The clerk or the clerk's deputies shall keep the records
38-7 of the municipal courts of record, issue process, and generally
38-8 perform the duties for the courts that a clerk of the county court
38-9 exercising criminal jurisdiction is required by law to perform for
38-10 that court.] The clerk shall perform the duties in accordance with
38-11 statutes, the city charter, and city ordinances.
38-12 (b) Sections 30.00009(c) and (d) do not apply to this
38-13 subchapter.
38-14 SECTION 48. Section 30.00496(a), Government Code, is amended
38-15 to read as follows:
38-16 (a) [The city shall provide a court reporter for the purpose
38-17 of preserving a record in cases tried before the municipal court of
38-18 record.] The clerk of the court shall appoint the court reporter
38-19 under Section 30.00010[, who must meet the qualifications provided
38-20 by law for official court reporters. The reporter shall be
38-21 compensated by the city in the manner determined by the governing
38-22 body of the city].
38-23 SECTION 49. Section 30.00531, Government Code, is amended to
38-24 read as follows:
38-25 Sec. 30.00531. APPLICATION; DEFINITION. (a) This
38-26 subchapter applies to the City of Longview.
38-27 (b) In this subchapter, "appellate courts" means the County
39-1 Court of Gregg County.
39-2 SECTION 50. Section 30.00534, Government Code, is amended by
39-3 adding Subsection (f) to read as follows:
39-4 (f) Section 30.00007(b)(5) does not apply to this
39-5 subchapter.
39-6 SECTION 51. Section 30.00536, Government Code, is amended by
39-7 amending Subsection (a) and adding Subsection (c) to read as
39-8 follows:
39-9 (a) [The city shall provide a court reporter for the purpose
39-10 of preserving a record in cases tried before the municipal court of
39-11 record.] The municipal judge shall appoint the court reporter
39-12 under Section 30.00010[, who must meet the qualifications provided
39-13 by law for official court reporters. The governing body of the
39-14 city shall set the compensation of the court reporter].
39-15 (c) Section 30.00010(d) does not apply to this subchapter.
39-16 SECTION 52. Section 30.00561, Government Code, is amended to
39-17 read as follows:
39-18 Sec. 30.00561. APPLICATION; DEFINITION. (a) This
39-19 subchapter applies to the town of Pantego.
39-20 (b) In this subchapter, "appellate courts" means the county
39-21 criminal courts of Tarrant County that have criminal appellate
39-22 jurisdiction.
39-23 SECTION 53. Section 30.00564, Government Code, is amended by
39-24 adding Subsection (k) to read as follows:
39-25 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
39-26 to this subchapter.
39-27 SECTION 54. Section 30.00565, Government Code, is amended to
40-1 read as follows:
40-2 Sec. 30.00565. CLERK; OTHER PERSONNEL. (a) The city manager
40-3 of the town shall appoint a clerk of the municipal court of record
40-4 who may hire, direct, and remove the personnel authorized in the
40-5 town's annual budget for the clerk's office. [The clerk or the
40-6 clerk's deputies shall keep the records of the municipal courts of
40-7 record, issue process, and generally perform the duties for the
40-8 courts that a clerk of the county court exercising criminal
40-9 jurisdiction is required by law to perform for that court.] The
40-10 clerk shall perform the duties in accordance with statutes, the
40-11 town charter, and town ordinances.
40-12 (b) Sections 30.00009(c) and (d) do not apply to this
40-13 subchapter.
40-14 SECTION 55. Section 30.00566(a), Government Code, is amended
40-15 to read as follows:
40-16 (a) [The town shall provide a court reporter for the purpose
40-17 of preserving a record in cases tried before the municipal court of
40-18 record.] The clerk of the court shall appoint the court reporter
40-19 under Section 30.00010[, who must meet the qualifications provided
40-20 by law for official court reporters. The reporter shall be
40-21 compensated by the town in the manner determined by the governing
40-22 body of the town].
40-23 SECTION 56. Section 30.00601, Government Code, is amended to
40-24 read as follows:
40-25 Sec. 30.00601. APPLICATION; DEFINITION. (a) This
40-26 subchapter applies to the City of Midland.
40-27 (b) In this subchapter, "appellate courts" means the County
41-1 Court of Midland County.
41-2 SECTION 57. Section 30.00604, Government Code, is amended by
41-3 amending Subsection (b) and adding Subsection (f) to read as
41-4 follows:
41-5 (b) In addition to satisfying the requirements of Section
41-6 30.00006(c), a [A] municipal judge [must be a licensed attorney in
41-7 good standing in this state. The judge must be a citizen of the
41-8 United States and of this state. The judge] must maintain residence
41-9 in the city during the tenure of office but need not be a resident
41-10 of the city at the time of the appointment. The judge shall serve
41-11 full time and may not engage in the private practice of law while
41-12 in office.
41-13 (f) Section 30.00007(b)(5) does not apply to this
41-14 subchapter.
41-15 SECTION 58. Section 30.00606, Government Code, is amended by
41-16 amending Subsection (a) and adding Subsection (c) to read as
41-17 follows:
41-18 (a) [The city shall provide a court reporter for the purpose
41-19 of preserving a record in cases tried before the municipal court of
41-20 record.] The municipal judge shall appoint the court reporter
41-21 under Section 30.00010, who must meet qualifications determined by
41-22 the judge or, if there is more than one judge, by the presiding
41-23 municipal judge. The governing body of the city shall set the
41-24 compensation of the court reporter on the recommendation of the
41-25 presiding judge.
41-26 (c) Section 30.00010(d) does not apply to this subchapter.
41-27 SECTION 59. Section 30.00631, Government Code, is amended to
42-1 read as follows:
42-2 Sec. 30.00631. APPLICATION; DEFINITION. (a) This
42-3 subchapter applies to the City of River Oaks.
42-4 (b) In this subchapter, "appellate courts" means the county
42-5 criminal courts of Tarrant County that have criminal appellate
42-6 jurisdiction.
42-7 SECTION 60. Section 30.00634, Government Code, is amended by
42-8 amending Subsection (d) and adding Subsection (k) to read as
42-9 follows:
42-10 (d) In addition to exercising powers under Section
42-11 30.00006(e), a municipal [A municipal judge must be a licensed
42-12 attorney in good standing in this state and must have two or more
42-13 years of experience in the practice of law in this state. The
42-14 judge must be a citizen of the United States and of this state.
42-15 The] judge shall devote as much time to the office as it requires.
42-16 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
42-17 to this subchapter.
42-18 SECTION 61. Section 30.00636, Government Code, is amended to
42-19 read as follows:
42-20 Sec. 30.00636. CLERK; OTHER PERSONNEL. (a) The city
42-21 administrator of the city shall appoint a clerk of the municipal
42-22 court of record who may hire, direct, and remove the personnel
42-23 authorized in the city's annual budget for the clerk's office.
42-24 [The clerk or the clerk's deputies shall keep the records of the
42-25 municipal courts of record, issue process, and generally perform
42-26 the duties for the courts that a clerk of the county court
42-27 exercising criminal jurisdiction is required by law to perform for
43-1 that court.] The clerk shall perform the duties in accordance with
43-2 statutes, the city charter, and city ordinances.
43-3 (b) Sections 30.00009(c) and (d) do not apply to this
43-4 subchapter.
43-5 SECTION 62. Section 30.00637(a), Government Code, is amended
43-6 to read as follows:
43-7 (a) [The city shall provide a court reporter for the purpose
43-8 of preserving a record in cases tried before the municipal court of
43-9 record.] The clerk of the court shall appoint the court reporter
43-10 under Section 30.00010[, who must meet the qualifications provided
43-11 by law for official court reporters. The reporter shall be
43-12 compensated by the city in the manner determined by the governing
43-13 body of the city].
43-14 SECTION 63. Section 30.00671, Government Code, is amended to
43-15 read as follows:
43-16 Sec. 30.00671. APPLICATION; DEFINITION. (a) This
43-17 subchapter applies to the City of Houston.
43-18 (b) In this subchapter, "appellate courts" means the county
43-19 criminal courts of Harris County that have criminal appellate
43-20 jurisdiction.
43-21 SECTION 64. Section 30.00674, Government Code, is amended by
43-22 adding Subsection (i) to read as follows:
43-23 (i) Sections 30.00007(b)(5) and 30.000085 do not apply to
43-24 this subchapter.
43-25 SECTION 65. Section 30.00675, Government Code, is amended by
43-26 adding Subsection (c) to read as follows:
43-27 (c) Section 30.00009(c) does not apply to this subchapter.
44-1 SECTION 66. Section 30.00676, Government Code, is amended to
44-2 read as follows:
44-3 Sec. 30.00676. COURT REPORTER. (a) Each municipal judge
44-4 may appoint an official court reporter under Section 30.00010 to
44-5 transcribe the trial proceedings, including testimony, voir dire
44-6 examinations, objections, and final arguments.
44-7 (b) Section 30.00010(d) does not apply to this subchapter.
44-8 [If the defendant or the state requests a court reporter prior to
44-9 trial, the judge shall appoint an official court reporter. The
44-10 reporter is entitled to receive a salary set by the governing
44-11 body.]
44-12 SECTION 67. Section 30.00701, Government Code, is amended to
44-13 read as follows:
44-14 Sec. 30.00701. APPLICATION; DEFINITION. (a) This
44-15 subchapter applies to the City of Marshall.
44-16 (b) In this subchapter, "appellate courts" means the County
44-17 Court of Harrison County.
44-18 SECTION 68. Section 30.00704, Government Code, is amended by
44-19 amending Subsection (b) and adding Subsection (f) to read as
44-20 follows:
44-21 (b) In addition to exercising powers under Section
44-22 30.00006(e), a municipal [A municipal judge must be a licensed
44-23 attorney in good standing in this state. The judge must be a
44-24 citizen of the United States and of this state but need not be a
44-25 resident of the city. The] judge shall devote as much time to the
44-26 office as it requires.
44-27 (f) Section 30.00007(b)(5) does not apply to this
45-1 subchapter.
45-2 SECTION 69. Section 30.00706, Government Code, is amended by
45-3 amending Subsection (a) and adding Subsection (c) to read as
45-4 follows:
45-5 (a) [The city shall provide a court reporter for the purpose
45-6 of preserving a record in cases tried before the municipal court of
45-7 record.] The municipal judge shall appoint the court reporter
45-8 under Section 30.00010[, who must meet the qualifications provided
45-9 by law for official court reporters. The governing body of the
45-10 city shall set the compensation of the court reporter].
45-11 (c) Section 30.00010(d) does not apply to this subchapter.
45-12 SECTION 70. Section 30.00731(b), Government Code, is amended
45-13 to read as follows:
45-14 (b) In this subchapter, "appellate courts" means the county
45-15 courts at law of Travis County that have criminal appellate
45-16 jurisdiction.
45-17 SECTION 71. Section 30.00734, Government Code, is amended by
45-18 amending Subsection (g) and adding Subsection (i) to read as
45-19 follows:
45-20 (g) In addition to satisfying the requirements of Section
45-21 30.00006(c), a [A] municipal judge must [be a licensed attorney in
45-22 good standing, must have practiced law in this state for two years,
45-23 must be a citizen of the United States, and must] have been a
45-24 resident of the city for the two-year period immediately preceding
45-25 appointment. [A person may not serve as a municipal judge while
45-26 the person holds other office or employment with the city
45-27 government. A municipal judge who takes such an office or
46-1 employment vacates the judicial office.]
46-2 (i) Section 30.00007(b)(5) does not apply to this
46-3 subchapter.
46-4 SECTION 72. Section 30.00737, Government Code, is amended by
46-5 adding Subsection (d) to read as follows:
46-6 (d) Section 30.00010(d) does not apply to this subchapter.
46-7 SECTION 73. Section 30.00771, Government Code, is amended to
46-8 read as follows:
46-9 Sec. 30.00771. APPLICATION; DEFINITION. (a) This
46-10 subchapter applies to the City of Odessa.
46-11 (b) In this subchapter, "appellate courts" means the county
46-12 courts at law of Ector County that have criminal appellate
46-13 jurisdiction.
46-14 SECTION 74. Section 30.00774, Government Code, is amended by
46-15 adding Subsection (f) to read as follows:
46-16 (f) Section 30.00007(b)(5) does not apply to this
46-17 subchapter.
46-18 SECTION 75. Section 30.00779, Government Code, is amended by
46-19 adding Subsection (f) to read as follows:
46-20 (f) Section 30.00010(d) does not apply to this subchapter.
46-21 SECTION 76. Section 30.00811, Government Code, is amended to
46-22 read as follows:
46-23 Sec. 30.00811. APPLICATION; DEFINITION. (a) This
46-24 subchapter applies to the City of Dallas.
46-25 (b) In this subchapter, "appellate courts" means the county
46-26 criminal courts of Dallas County that have criminal appellate
46-27 jurisdiction.
47-1 SECTION 77. Section 30.00814, Government Code, is amended by
47-2 amending Subsection (d) and adding Subsection (g) to read as
47-3 follows:
47-4 (d) In addition to performing duties under Sections
47-5 30.00007(b)(1) and (4), the [The] administrative municipal judge
47-6 shall[:]
47-7 [(1) provide for the distribution of cases among the
47-8 individual municipal judges to equalize the distribution of
47-9 business in the courts;]
47-10 [(2) assign municipal judges to exchange benches and
47-11 to sit and act for each other in a proceeding pending in a court if
47-12 necessary for the expeditious disposition of business in the
47-13 courts; and]
47-14 [(3)] promulgate work rules for the administration of
47-15 the municipal courts.
47-16 (g) Sections 30.00007(b)(2), (3), and (5) do not apply to
47-17 this subchapter.
47-18 SECTION 78. Section 30.00851, Government Code, is amended to
47-19 read as follows:
47-20 Sec. 30.00851. APPLICATION; DEFINITION. (a) This
47-21 subchapter applies to the City of Arlington.
47-22 (b) In this subchapter, "appellate courts" means the county
47-23 criminal courts of Tarrant County that have criminal appellate
47-24 jurisdiction.
47-25 SECTION 79. Section 30.00854, Government Code, is amended by
47-26 amending Subsection (d) and adding Subsection (k) to read as
47-27 follows:
48-1 (d) In addition to satisfying the requirements of Section
48-2 30.00006(c), a [A] municipal judge [must be a licensed attorney in
48-3 good standing in this state and must have two or more years of
48-4 experience in the practice of law in this state. The judge must be
48-5 a citizen of the United States and of this state. The judge] shall
48-6 devote as much time to the office as it requires.
48-7 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
48-8 to this subchapter.
48-9 SECTION 80. Section 30.00855, Government Code, is amended to
48-10 read as follows:
48-11 Sec. 30.00855. CLERK; OTHER PERSONNEL. (a) The city
48-12 manager of the city shall appoint a clerk of the municipal court of
48-13 record who may hire, direct, and remove the personnel authorized in
48-14 the city's annual budget for the clerk's office. [The clerk or the
48-15 clerk's deputies shall keep the records of the municipal courts of
48-16 record, issue process, and generally perform the duties for the
48-17 courts that a clerk of the county court exercising criminal
48-18 jurisdiction is required by law to perform for that court.] The
48-19 clerk shall perform the duties in accordance with statutes, the
48-20 city charter, and city ordinances.
48-21 (b) Sections 30.00009(c) and (d) do not apply to this
48-22 subchapter.
48-23 SECTION 81. Section 30.00856(a), Government Code, is amended
48-24 to read as follows:
48-25 (a) [The city shall provide a court reporter for the purpose
48-26 of preserving a record in cases tried before the municipal court of
48-27 record.] The clerk of the court shall appoint the court reporter
49-1 under Section 30.00010[, who must meet the qualifications provided
49-2 by law for official court reporters. The reporter shall be
49-3 compensated by the city in the manner determined by the governing
49-4 body of the city].
49-5 SECTION 82. Section 30.00891, Government Code, is amended to
49-6 read as follows:
49-7 Sec. 30.00891. APPLICATION; DEFINITION. (a) This
49-8 subchapter applies to the City of Garland.
49-9 (b) In this subchapter, "appellate courts" means the county
49-10 criminal courts of Dallas County that have criminal appellate
49-11 jurisdiction.
49-12 SECTION 83. Section 30.00894, Government Code, is amended by
49-13 adding Subsection (g) to read as follows:
49-14 (g) Sections 30.00007(b)(5) and 30.00008(b) do not apply to
49-15 this subchapter.
49-16 SECTION 84. Section 30.00895, Government Code, is amended to
49-17 read as follows:
49-18 Sec. 30.00895. CLERK. (a) The city manager[, with the
49-19 consent of the governing body of the city,] shall appoint a clerk
49-20 of the municipal courts of record. The clerk or the clerk's
49-21 deputies shall keep the records of the municipal courts of record,
49-22 issue process, and generally perform the duties for the courts that
49-23 a clerk of a county court exercising criminal jurisdiction is
49-24 required by law to perform for that court. The clerk shall perform
49-25 the duties in accordance with statutes, the city charter, and city
49-26 ordinances.
49-27 (b) Sections 30.00009(a), (c), and (d) do not apply to this
50-1 subchapter.
50-2 SECTION 85. Section 30.00896(a), Government Code, is amended
50-3 to read as follows:
50-4 (a) [For the purpose of preserving a record in all cases
50-5 tried and proceedings held before the municipal courts, the city
50-6 shall provide an official court reporter.] The official court
50-7 reporter shall be appointed by the chief judge under Section
50-8 30.00010 [and must have the qualifications required by general law
50-9 for official court reporters. The court reporter shall be
50-10 compensated in the manner determined by the governing body of the
50-11 city].
50-12 SECTION 86. Section 30.00931, Government Code, is amended to
50-13 read as follows:
50-14 Sec. 30.00931. APPLICATION; DEFINITION. (a) This
50-15 subchapter applies to the City of Amarillo.
50-16 (b) In this subchapter, "appellate courts" means the county
50-17 courts at law in Potter and Randall counties.
50-18 SECTION 87. Section 30.00934, Government Code, is amended by
50-19 amending Subsections (a) and (e) and adding Subsection (f) to read
50-20 as follows:
50-21 (a) A municipal [court of record is presided over by a
50-22 municipal judge who must be a licensed attorney in good standing in
50-23 this state and a citizen of the United States and of this state.
50-24 The] judge need not be a resident of the city at the time of
50-25 appointment but must, in addition to satisfying the requirements of
50-26 Section 30.00006(c), maintain residence in the city during the term
50-27 of office. The judge shall devote full time to the duties of that
51-1 office and may not engage in the private practice of law while in
51-2 office.
51-3 (e) The governing body of the city shall appoint a judge to
51-4 be the presiding municipal judge who shall, in addition to
51-5 performing duties under Sections 30.00007(b)(1), (3), and (4),[:]
51-6 [(1) maintain a central docket for all cases filed in
51-7 the municipal courts;]
51-8 [(2)] assign cases among the judges[;]
51-9 [(3) request the jurors necessary for cases that are
51-10 set for trial by jury; and]
51-11 [(4) temporarily assign judges or relief judges to act
51-12 for each other in a proceeding pending in a court if necessary for
51-13 the expeditious disposition of business in the courts].
51-14 (f) Sections 30.00007(b)(2) and (5) do not apply to this
51-15 subchapter.
51-16 SECTION 88. Section 30.00939, Government Code, is amended by
51-17 adding Subsection (d) to read as follows:
51-18 (d) Section 30.00010(d) does not apply to this subchapter.
51-19 SECTION 89. Section 30.00971, Government Code, is amended to
51-20 read as follows:
51-21 Sec. 30.00971. APPLICATION; DEFINITION. (a) This
51-22 subchapter applies to the town of Addison.
51-23 (b) In this subchapter, "appellate courts" means the county
51-24 criminal courts of Dallas County that have criminal appellate
51-25 jurisdiction.
51-26 SECTION 90. Section 30.00976, Government Code, is amended by
51-27 adding Subsection (e) to read as follows:
52-1 (e) Section 30.00007(b)(5) does not apply to this
52-2 subchapter.
52-3 SECTION 91. Section 30.00977, Government Code, is amended to
52-4 read as follows:
52-5 Sec. 30.00977. CLERK. The city manager, with the consent of
52-6 the governing body of the city, shall appoint a clerk of the
52-7 municipal courts of record who may hire, direct, and remove the
52-8 personnel authorized in the city's annual budget for the clerk's
52-9 office. [The clerk or the clerk's deputies shall keep the records
52-10 of the municipal courts of record, issue process, and generally
52-11 perform the duties for the courts that a clerk of the county court
52-12 exercising criminal jurisdiction is required by law to perform for
52-13 that court.] The clerk shall perform the duties in accordance with
52-14 statutes, the city charter, and city ordinances.
52-15 SECTION 92. Section 30.00978(a), Government Code, is amended
52-16 to read as follows:
52-17 (a) [The city shall provide a court reporter for the purpose
52-18 of preserving a record in cases tried before the municipal court of
52-19 record.] The clerk of the court shall appoint the court reporter
52-20 under Section 30.00010[, who must meet the qualifications provided
52-21 by law for official court reporters. The reporter shall be
52-22 compensated by the city in the manner determined by the governing
52-23 body of the city].
52-24 SECTION 93. Section 30.01011, Government Code, is amended to
52-25 read as follows:
52-26 Sec. 30.01011. APPLICATION; DEFINITION. (a) This
52-27 subchapter applies to the city of Grapevine.
53-1 (b) In this subchapter, "appellate courts" means the county
53-2 criminal courts of Tarrant County that have criminal appellate
53-3 jurisdiction.
53-4 SECTION 94. Section 30.01014, Government Code, is amended by
53-5 amending Subsections (d) and (j) and adding Subsection (k) to read
53-6 as follows:
53-7 (d) In addition to satisfying the requirements of Section
53-8 30.00006(c), a municipal [A municipal judge must be a licensed
53-9 attorney in good standing in this state and must have two or more
53-10 years of experience in the practice of law in this state. The
53-11 judge must be a citizen of the United States and of this state.
53-12 The] judge must maintain residence in the city during the tenure of
53-13 office and must be a resident of the city at the time of
53-14 appointment or election. The judge shall devote as much time to
53-15 the office as it requires.
53-16 (j) [A majority of the governing body may appoint one or
53-17 more qualified persons to be available to serve for a municipal
53-18 judge who is temporarily absent due to illness, family death,
53-19 continuing legal or judicial education programs, or for any other
53-20 reason. The chief judge, or the municipal judge if there is no
53-21 chief judge, shall select one of the persons appointed by the
53-22 governing body to serve during an absence. An alternate judge,
53-23 while serving, has all the powers and shall discharge all the
53-24 duties of a municipal judge.] An alternate judge must have the
53-25 same qualifications as a municipal judge, except that an alternate
53-26 judge may, but need not be, a resident of the city.
53-27 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
54-1 to this subchapter.
54-2 SECTION 95. Section 30.01015, Government Code, is amended to
54-3 read as follows:
54-4 Sec. 30.01015. CLERK; OTHER PERSONNEL. (a) The city
54-5 manager of the city shall appoint a clerk of the municipal courts
54-6 of record who may hire, direct, and remove the personnel authorized
54-7 in the city's annual budget for the clerk's office. [The clerk or
54-8 the clerk's deputies shall keep the records of the municipal courts
54-9 of record, issue process, and generally perform the duties for the
54-10 courts that a clerk of the county court exercising criminal
54-11 jurisdiction is required by law to perform for that court.] The
54-12 clerk shall perform the duties in accordance with statutes, the
54-13 city charter, and city ordinances.
54-14 (b) Sections 30.00009(c) and (d) do not apply to this
54-15 subchapter.
54-16 SECTION 96. Section 30.01016(a), Government Code, is amended
54-17 to read as follows:
54-18 (a) [The city shall provide a court reporter for the purpose
54-19 of preserving a record in cases tried before the municipal court of
54-20 record.] The clerk of the court shall appoint the court reporter
54-21 under Section 30.00010[, who must meet the qualifications provided
54-22 by law for official court reporters. The reporter shall be
54-23 compensated by the city in the manner determined by the governing
54-24 body of the city].
54-25 SECTION 97. Section 30.01051, Government Code, is amended to
54-26 read as follows:
54-27 Sec. 30.01051. APPLICATION; DEFINITION. (a) This
55-1 subchapter applies to the City of Hurst.
55-2 (b) In this subchapter, "appellate courts" means the county
55-3 criminal courts of Tarrant County that have criminal appellate
55-4 jurisdiction.
55-5 SECTION 98. Section 30.01054, Government Code, is amended by
55-6 amending Subsection (d) and adding Subsection (k) to read as
55-7 follows:
55-8 (d) In addition to exercising powers under Section
55-9 30.00006(e), a municipal [A municipal judge must be a licensed
55-10 attorney in good standing in this state and must have two or more
55-11 years of experience in the practice of law in this state. The
55-12 judge must be a citizen of the United States and of this state.
55-13 The] judge shall devote as much time to the office as it requires.
55-14 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
55-15 to this subchapter.
55-16 SECTION 99. Section 30.01055, Government Code, is amended to
55-17 read as follows:
55-18 Sec. 30.01055. CLERK; OTHER PERSONNEL. (a) The city manager
55-19 of the city shall appoint a clerk of the municipal court of record
55-20 who may hire, direct, and remove the personnel authorized in the
55-21 city's annual budget for the clerk's office. [The clerk or the
55-22 clerk's deputies shall keep the records of the municipal courts of
55-23 record, issue process, and generally perform the duties for the
55-24 courts that a clerk of the county court exercising criminal
55-25 jurisdiction is required by law to perform for that court.] The
55-26 clerk shall perform the duties in accordance with statutes, the
55-27 city charter, and city ordinances.
56-1 (b) Sections 30.00009(c) and (d) do not apply to this
56-2 subchapter.
56-3 SECTION 100. Section 30.01056(a), Government Code, is
56-4 amended to read as follows:
56-5 (a) [The city shall provide a court reporter for the purpose
56-6 of preserving a record in cases tried before the municipal court of
56-7 record.] The presiding judge [clerk of the court] shall appoint
56-8 the court reporter under Section 30.00010 [who must meet the
56-9 qualifications provided by law for official court reporters. The
56-10 reporter shall be compensated by the city in the manner determined
56-11 by the governing body of the city].
56-12 SECTION 101. Section 30.01091, Government Code, is amended
56-13 to read as follows:
56-14 Sec. 30.01091. APPLICATION; DEFINITION. (a) This subchapter
56-15 applies to the City of Carrollton.
56-16 (b) In this subchapter, "appellate courts" means the county
56-17 criminal courts of Dallas County that have criminal appellate
56-18 jurisdiction.
56-19 SECTION 102. Section 30.01096, Government Code, is amended
56-20 by amending Subsection (a) and adding Subsections (d) and (e) to
56-21 read as follows:
56-22 (a) In addition to satisfying the requirements of Section
56-23 30.00006(c), a presiding municipal judge must maintain residence in
56-24 the city during the tenure of office [A municipal court of record
56-25 is presided over by a municipal judge. The municipal judge must be
56-26 a licensed attorney in good standing in this state. The judge must
56-27 be a citizen of the United States and a resident of this state but
57-1 need not be a resident of the city]. The municipal judge shall
57-2 devote full time to the duties of the office as necessary.
57-3 (d) Section 30.00007(b)(5) does not apply to this
57-4 subchapter.
57-5 (e) A municipal court of record may be presided over by an
57-6 assistant municipal judge.
57-7 SECTION 103. Subchapter CC, Chapter 30, Government Code, is
57-8 amended by adding Section 30.010975 to read as follows:
57-9 Sec. 30.010975. AUTOMATIC RESIGNATION. If the municipal
57-10 judge or an assistant municipal judge announces a candidacy or
57-11 becomes a candidate in a general, special, or primary election,
57-12 for any office of profit or trust under the laws of the state or
57-13 the United States, the announcement or the candidacy constitutes an
57-14 automatic resignation of the appointment, effective the date of the
57-15 announcement or candidacy.
57-16 SECTION 104. Section 30.01098, Government Code, is amended
57-17 by amending Subsection (a) and adding Subsection (d) to read as
57-18 follows:
57-19 (a) The city manager shall appoint a clerk of the municipal
57-20 court of record who shall be known as the municipal court clerk.
57-21 The clerk may hire, direct, and remove the personnel authorized in
57-22 the city's annual budget for the clerk's office.
57-23 (d) Sections 30.00009(c) and (d) do not apply to this
57-24 subchapter.
57-25 SECTION 105. Section 30.01131, Government Code, is amended
57-26 to read as follows:
57-27 Sec. 30.01131. APPLICATION; DEFINITION. (a) This
58-1 subchapter applies to the City of White Settlement.
58-2 (b) In this subchapter, "appellate courts" means the county
58-3 criminal courts of Tarrant County that have criminal appellate
58-4 jurisdiction.
58-5 SECTION 106. Section 30.01134, Government Code, is amended
58-6 by amending Subsection (d) and adding Subsection (k) to read as
58-7 follows:
58-8 (d) In addition to exercising powers under Section
58-9 30.00006(e), a municipal [A municipal judge must be a licensed
58-10 attorney in good standing in this state and must have two or more
58-11 years of experience in the practice of law in this state. The
58-12 judge must be a citizen of the United States and of this state.
58-13 The] judge shall devote as much time to the office as it requires.
58-14 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
58-15 to this subchapter.
58-16 SECTION 107. Section 30.01135, Government Code, is amended
58-17 to read as follows:
58-18 Sec. 30.01135. CLERK; OTHER PERSONNEL. (a) The city manager
58-19 of the city shall appoint a clerk of the municipal court of record
58-20 who may hire, direct, and remove the personnel authorized in the
58-21 city's annual budget for the clerk's office. [The clerk or the
58-22 clerk's deputies shall keep the records of the municipal courts of
58-23 record, issue process, and generally perform the duties for the
58-24 courts that a clerk of the county court exercising criminal
58-25 jurisdiction is required by law to perform for that court.] The
58-26 clerk shall perform the duties in accordance with statutes, the
58-27 city charter, and city ordinances.
59-1 (b) Sections 30.00009(c) and (d) do not apply to this
59-2 subchapter.
59-3 SECTION 108. Section 30.01136(a), Government Code, is
59-4 amended to read as follows:
59-5 (a) [The city shall provide a court reporter for the purpose
59-6 of preserving a record in cases tried before the municipal court of
59-7 record.] The presiding judge [clerk of the court] shall appoint
59-8 the court reporter under Section 30.00010[, who must meet the
59-9 qualifications provided by law for official court reporters. The
59-10 reporter shall be compensated by the city in the manner determined
59-11 by the governing body of the city].
59-12 SECTION 109. Section 30.01148, Government Code, is amended
59-13 by adding Subsection (d) to read as follows:
59-14 (d) Section 30.00009(c) does not apply to this subchapter.
59-15 SECTION 110. Section 30.01171, Government Code, is amended
59-16 to read as follows:
59-17 Sec. 30.01171. APPLICATION; DEFINITION. (a) This
59-18 subchapter applies to the City of Euless.
59-19 (b) In this subchapter, "appellate courts" means the county
59-20 criminal courts of Tarrant County that have criminal appellate
59-21 jurisdiction.
59-22 SECTION 111. Section 30.01174, Government Code, is amended
59-23 by amending Subsection (d) and adding Subsection (k) to read as
59-24 follows:
59-25 (d) In addition to exercising powers under Section
59-26 30.00006(e), a municipal [A municipal judge must be a licensed
59-27 attorney in good standing in this state and must have two or more
60-1 years of experience in the practice of law in this state. The
60-2 judge must be a citizen of the United States and of this state.
60-3 The] judge shall devote as much time to the office as it requires.
60-4 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
60-5 to this subchapter.
60-6 SECTION 112. Section 30.01175, Government Code, is amended
60-7 to read as follows:
60-8 Sec. 30.01175. CLERK; OTHER PERSONNEL. (a) The city manager
60-9 of the city shall appoint a clerk of the municipal court of record
60-10 who may hire, direct, and remove the personnel authorized in the
60-11 city's annual budget for the clerk's office. [The clerk or the
60-12 clerk's deputies shall keep the records of the municipal courts of
60-13 record, issue process, and generally perform the duties for the
60-14 courts that a clerk of the county court exercising criminal
60-15 jurisdiction is required by law to perform for that court.] The
60-16 clerk shall perform the duties in accordance with statutes, the
60-17 city charter, and city ordinances.
60-18 (b) Sections 30.00009(c) and (d) do not apply to this
60-19 subchapter.
60-20 SECTION 113. Section 30.01176(a), Government Code, is
60-21 amended to read as follows:
60-22 (a) [The city shall provide a court reporter for the purpose
60-23 of preserving a record in cases tried before the municipal court of
60-24 record.] The presiding judge [clerk of the court] shall appoint
60-25 the court reporter under Section 30.00010 [who must meet the
60-26 qualifications provided by law for official court reporters. The
60-27 reporter shall be compensated by the city in the manner determined
61-1 by the governing body of the city].
61-2 SECTION 114. Section 30.01211, Government Code, is amended
61-3 to read as follows:
61-4 Sec. 30.01211. APPLICATION; DEFINITION. (a) This subchapter
61-5 applies to the city of Denton.
61-6 (b) In this subchapter, "appellate courts" means the county
61-7 courts at law of Denton County that have criminal appellate
61-8 jurisdiction.
61-9 SECTION 115. Section 30.01216(a), Government Code, is
61-10 amended to read as follows:
61-11 (a) [A municipal court of record is presided over by a
61-12 municipal judge. The municipal judge must be a licensed attorney
61-13 in good standing in this state. The judge must be a citizen of the
61-14 United States and resident of this state but need not be a resident
61-15 of the city.] The municipal judge shall devote as much [full] time
61-16 as necessary to perform the duties of the office [as necessary].
61-17 SECTION 116. Section 30.01219(a), Government Code, is
61-18 amended to read as follows:
61-19 (a) [The city shall provide a court reporter for the purpose
61-20 of preserving a record in cases tried before the municipal court of
61-21 record.] The presiding judge [clerk of the court] shall appoint
61-22 the court reporter under Section 30.00010[, who must meet the
61-23 qualifications provided by law for official court reporters].
61-24 SECTION 117. Section 30.01251, Government Code, is amended
61-25 to read as follows:
61-26 Sec. 30.01251. APPLICATION; DEFINITION. (a) This subchapter
61-27 applies to the City of Lake Worth.
62-1 (b) In this subchapter, "appellate courts" means the county
62-2 criminal courts of Tarrant County that have criminal appellate
62-3 jurisdiction.
62-4 SECTION 118. Section 30.01254, Government Code, is amended
62-5 by amending Subsection (d) and adding Subsection (k) to read as
62-6 follows:
62-7 (d) In addition to exercising powers under Section
62-8 30.00006(e), a municipal [A municipal judge must be a licensed
62-9 attorney in good standing in this state and must have two or more
62-10 years of experience in the practice of law in this state. The
62-11 judge must be a citizen of the United States and of this state.
62-12 The] judge shall devote as much time to the office as it requires.
62-13 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
62-14 to this subchapter.
62-15 SECTION 119. Section 30.01256, Government Code, is amended
62-16 to read as follows:
62-17 Sec. 30.01256. CLERK; OTHER PERSONNEL. (a) The city
62-18 administrator of the city shall appoint a clerk of the municipal
62-19 court of record who may hire, direct, and remove the personnel
62-20 authorized in the city's annual budget for the clerk's office.
62-21 [The clerk or the clerk's deputies shall keep the records of the
62-22 municipal courts of record, issue process, and generally perform
62-23 the duties for the courts that a clerk of the county court
62-24 exercising criminal jurisdiction is required by law to perform for
62-25 that court.] The clerk shall perform the duties in accordance with
62-26 statutes, the city charter, and city ordinances.
62-27 (b) Sections 30.00009(c) and (d) do not apply to this
63-1 subchapter.
63-2 SECTION 120. Section 30.01257(a), Government Code, is
63-3 amended to read as follows:
63-4 (a) [The city shall provide a court reporter for the purpose
63-5 of preserving a record in cases tried before the municipal court of
63-6 record.] The presiding judge [clerk of the court] shall appoint the
63-7 court reporter under Section 30.00010[, who must meet the
63-8 qualifications provided by law for official court reporters. The
63-9 reporter shall be compensated by the city in the manner determined
63-10 by the governing body of the city].
63-11 SECTION 121. Section 30.01291, Government Code, is amended
63-12 to read as follows:
63-13 Sec. 30.01291. APPLICATION; DEFINITION. (a) This
63-14 subchapter applies to the City of Rowlett.
63-15 (b) In this subchapter, "appellate courts" means the county
63-16 criminal courts of Dallas County that have criminal appellate
63-17 jurisdiction.
63-18 SECTION 122. Section 30.01294, Government Code, is amended
63-19 by amending Subsection (d) and adding Subsection (k) to read as
63-20 follows:
63-21 (d) In addition to exercising powers under Section
63-22 30.00006(e), a municipal [A municipal judge must be a licensed
63-23 attorney in good standing in this state and must have two or more
63-24 years of experience in the practice of law in this state. The
63-25 judge must be a citizen of the United States and of this state.
63-26 The] judge shall devote as much time to the office as it requires.
63-27 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
64-1 to this subchapter.
64-2 SECTION 123. Section 30.01295, Government Code, is amended
64-3 to read as follows:
64-4 Sec. 30.01295. CLERK; OTHER PERSONNEL. (a) The city manager
64-5 of the city shall appoint a clerk of the municipal court of record
64-6 who may hire, direct, and remove the personnel authorized in the
64-7 city's annual budget for the clerk's office. [The clerk or the
64-8 clerk's deputies shall keep the records of the municipal courts of
64-9 record, issue process, and generally perform the duties for the
64-10 courts that a clerk of the county court exercising criminal
64-11 jurisdiction is required by law to perform for that court.] The
64-12 clerk shall perform the duties in accordance with statutes, the
64-13 city charter, and city ordinances.
64-14 (b) Sections 30.00009(c) and (d) do not apply to this
64-15 subchapter.
64-16 SECTION 124. Sections 30.01296(b) and (c), Government Code,
64-17 are amended to read as follows:
64-18 (b) A municipal court of record is not required to record
64-19 testimony in a case unless the judge or one of the parties requests
64-20 a record. [A party's request for a record must be in writing and
64-21 be filed with the court at least three days before trial.]
64-22 (c) The recording shall be kept and stored for a 20-day
64-23 period beginning the day after the last day of the proceeding,
64-24 trial, or denial of motion for new trial, whichever occurs last.
64-25 The proceedings that are appealed shall be transcribed from the
64-26 recording by an official [a] court reporter [provided by the city].
64-27 SECTION 125. Section 30.01321, Government Code, is amended
65-1 to read as follows:
65-2 Sec. 30.01321. APPLICATION; DEFINITION. (a) This subchapter
65-3 applies to the City of Lewisville.
65-4 (b) In this subchapter, "appellate courts" means the county
65-5 courts at law of Denton County that have criminal appellate
65-6 jurisdiction.
65-7 SECTION 126. Section 30.01326, Government Code, is amended
65-8 by amending Subsection (d) and adding Subsection (g) to read as
65-9 follows:
65-10 (d) In addition to exercising powers under Section
65-11 30.00006(e), a municipal [A municipal judge must be a licensed
65-12 attorney in good standing in this state and must have two or more
65-13 years of experience in the practice of law in this state. The
65-14 judge must be a citizen of the United States and of this state.
65-15 The] judge shall devote as much time to the office as it requires.
65-16 (g) Section 30.00007(b)(5) does not apply to this
65-17 subchapter.
65-18 SECTION 127. Section 30.01329(a), Government Code, is
65-19 amended to read as follows:
65-20 (a) [The city shall provide a court reporter for the purpose
65-21 of preserving a record in cases tried before the municipal court of
65-22 record.] The clerk of the court shall appoint the court reporter
65-23 under Section 30.00010[, who must meet the qualifications provided
65-24 by law for official court reporters. The reporter shall be
65-25 compensated by the city in the manner determined by the governing
65-26 body of the city].
65-27 SECTION 128. Section 30.01371, Government Code, is amended
66-1 to read as follows:
66-2 Sec. 30.01371. APPLICATION; DEFINITION. (a) This
66-3 subchapter applies to the City of Dalworthington Gardens.
66-4 (b) In this subchapter, "appellate courts" means the county
66-5 criminal courts of Tarrant County that have criminal appellate
66-6 jurisdiction.
66-7 SECTION 129. Section 30.01374, Government Code, is amended
66-8 by amending Subsection (d) and adding Subsection (k) to read as
66-9 follows:
66-10 (d) In addition to exercising powers under Section
66-11 30.00006(e), a municipal [A municipal judge must be a licensed
66-12 attorney in good standing in this state and must have two or more
66-13 years of experience in the practice of law in this state. The
66-14 judge must be a citizen of the United States and of this state.
66-15 The] judge shall devote as much time to the office as it requires.
66-16 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
66-17 to this subchapter.
66-18 SECTION 130. Section 30.01376(a), Government Code, is
66-19 amended to read as follows:
66-20 (a) [The city shall provide a court reporter for the purpose
66-21 of preserving a record in cases tried before the municipal court of
66-22 record.] The clerk of the court shall appoint the court reporter
66-23 under Section 30.00010 [, who must meet the qualifications provided
66-24 by law for official court reporters. The reporter shall be
66-25 compensated by the city in the manner determined by the governing
66-26 body of the city].
66-27 SECTION 131. Section 30.01401, Government Code, is amended
67-1 to read as follows:
67-2 Sec. 30.01401. APPLICATION; DEFINITION. (a) This
67-3 subchapter applies to the City of Richardson.
67-4 (b) In this subchapter, "appellate courts" means the county
67-5 criminal courts of Dallas County that have criminal appellate
67-6 jurisdiction.
67-7 SECTION 132. Section 30.01406, Government Code, is amended
67-8 by amending Subsection (c) and adding Subsection (d) to read as
67-9 follows:
67-10 (c) A municipal judge is entitled to receive compensation or
67-11 a salary and other benefits set by the governing body of the city.
67-12 The judge's compensation or salary may not be diminished during the
67-13 term of office. The compensation or salary may not be based
67-14 directly or indirectly on fines, fees, or other costs that the
67-15 municipal judge is required by law to collect during a term of
67-16 office.
67-17 (d) Section 30.00007 does not apply to this subchapter.
67-18 SECTION 133. Section 30.01408, Government Code, is amended
67-19 by adding Subsection (d) to read as follows:
67-20 (d) Section 30.00009(c) does not apply to this subchapter.
67-21 SECTION 134. Section 30.01441, Government Code, is amended
67-22 to read as follows:
67-23 Sec. 30.01441. APPLICATION; DEFINITION. (a) This
67-24 subchapter applies to the City of Coppell.
67-25 (b) In this subchapter, "appellate courts" means the county
67-26 criminal courts of Dallas County that have criminal appellate
67-27 jurisdiction.
68-1 SECTION 135. Section 30.01446, Government Code, is amended
68-2 by amending Subsection (e) and adding Subsection (f) to read as
68-3 follows:
68-4 (e) A municipal judge is entitled to compensation or a
68-5 salary and other benefits set by the governing body of the city.
68-6 The governing body may not base the compensation or salary directly
68-7 or indirectly on fines, fees, or costs collected by the court.
68-8 (f) Section 30.00007 does not apply to this subchapter.
68-9 SECTION 136. Chapter 30, Government Code, is amended by
68-10 adding Subchapters NN-RR to read as follows:
68-11 SUBCHAPTER NN. TYLER
68-12 Sec. 30.01511. APPLICATION. This subchapter applies to the
68-13 City of Tyler.
68-14 Sec. 30.01512. JUDGE. (a) A municipal court of record is
68-15 presided over by a municipal judge appointed to office by the city
68-16 manager in the manner provided by the city charter.
68-17 (b) If the city manager appoints more than one municipal
68-18 judge under Subsection (a), the city manager shall appoint one of
68-19 the municipal judges as the presiding municipal judge.
68-20 (c) A municipal judge is entitled to a salary from the city
68-21 the amount of which is determined by the city manager. A municipal
68-22 judge's salary may not be diminished during the judge's term of
68-23 office. A municipal judge's salary may not be based directly or
68-24 indirectly on fines, fees, or costs collected by the court.
68-25 Sec. 30.01513. CLERK; OTHER PERSONNEL. The city manager
68-26 shall provide a clerk of the municipal courts of record. The city
68-27 manager shall provide deputy clerks, warrant officers, and other
69-1 personnel as needed for the proper operation of the municipal
69-2 courts of record. The clerk and other court personnel shall
69-3 perform their duties under the direction and control of the city
69-4 manager.
69-5 Sec. 30.01514. COURT REPORTER. The municipal court clerk
69-6 shall appoint the court reporter.
69-7 Sec. 30.01515. APPEAL. The County Court of Smith County has
69-8 jurisdiction over an appeal.
69-9 SUBCHAPTER OO. SANSOM PARK
69-10 Sec. 30.01541. APPLICATION. This subchapter applies to the
69-11 City of Sansom Park.
69-12 Sec. 30.01542. MAGISTRATES. (a) The governing body may
69-13 appoint one or more magistrates in addition to magistrates provided
69-14 under Article 2.09, Code of Criminal Procedure.
69-15 (b) A magistrate does not have to possess all the
69-16 qualifications necessary to be a municipal court of record judge.
69-17 (c) A magistrate may not preside over the court or hear
69-18 contested cases.
69-19 (d) A magistrate may:
69-20 (1) conduct an arraignment;
69-21 (2) hold an indigency hearing;
69-22 (3) accept a plea;
69-23 (4) sign a judgment;
69-24 (5) set the amount of a bond; and
69-25 (6) perform other functions under Article 15.17, Code
69-26 of Criminal Procedure.
69-27 Sec. 30.01543. CLERK; OTHER PERSONNEL. The city
70-1 administrator of the city shall appoint a clerk of the municipal
70-2 court of record who may hire, direct, and remove the personnel
70-3 authorized in the city's annual budget for the clerk's office.
70-4 Sec. 30.01544. COURT REPORTER. The clerk of the court shall
70-5 appoint the court reporter.
70-6 Sec. 30.01545. APPEAL. The county criminal courts of
70-7 Tarrant County have jurisdiction over an appeal.
70-8 Sec. 30.01546. JOINT COURTS: CREATION. (a) The governing
70-9 body of the city may contract with one or more municipalities that
70-10 have municipal courts of record to establish a joint municipal
70-11 court of record to serve the contracting municipalities.
70-12 (b) A joint municipal court of record created under this
70-13 section replaces each municipality's individual municipal court of
70-14 record.
70-15 Sec. 30.01547. JOINT COURT: JUDGES. (a) Notwithstanding
70-16 any other law, a joint municipal court of record created under
70-17 Section 30.01546 is presided over by a municipal judge or alternate
70-18 municipal judge who is appointed by a majority vote of each of the
70-19 governing bodies of the contracting municipalities for a two-year
70-20 term.
70-21 (b) The judge of a joint municipal court of record may be
70-22 removed from office as provided by Section 30.000085 by the
70-23 governing bodies of the contracting municipalities at any time for
70-24 incompetency, misconduct, malfeasance, or inability to perform the
70-25 tasks of the office.
70-26 Sec. 30.01548. JOINT COURTS: JURISDICTION. (a) The
70-27 jurisdiction of a joint municipal court of record created under
71-1 Section 30.01546 is the combined jurisdiction of the municipal
71-2 courts of the contracting municipalities.
71-3 (b) An appeal from a joint municipal court of record created
71-4 under Section 30.01546 is to the county criminal court of the
71-5 county in which the offense occurred. If that county does not have
71-6 a county criminal court, appeal is to the county court of law of
71-7 the county.
71-8 Sec. 30.01549. JOINT COURT: PROSECUTING ATTORNEY. A
71-9 municipality that contracts under Section 30.01546 may provide its
71-10 own prosecuting attorney or the contracting municipalities may
71-11 agree on the selection of one or more prosecuting attorneys.
71-12 Sec. 30.01550. JOINT COURT: APPLICABLE LAW. (a) The
71-13 municipalities by contract shall select one of the contracting
71-14 municipality's enabling statutes as the source of applicable
71-15 procedural requirements for the operation of the joint municipal
71-16 court of record established under Section 30.01546.
71-17 (b) All of the provisions of the statute selected under
71-18 Subsection (a) apply to the operation of the joint municipal court
71-19 of record. If there is a conflict with any of the provisions in
71-20 Sections 30.01546-30.01549, those sections control.
71-21 (c) Any matter that is not governed by the contracting
71-22 municipalities' enabling legislation or other law shall be resolved
71-23 by the contract entered into under Section 30.01546.
71-24 SUBCHAPTER PP. FARMERS BRANCH
71-25 Sec. 30.01591. APPLICATION. This subchapter applies to the
71-26 City of Farmers Branch.
71-27 Sec. 30.01592. CREATION. On creation of the initial
72-1 municipal court of record, the governing body of the city shall
72-2 determine the method of selecting the judge of a municipal court of
72-3 record by:
72-4 (1) adopting an ordinance that provides for the
72-5 appointment of a municipal judge by the governing body of the city;
72-6 (2) adopting an ordinance that provides for the
72-7 election of a municipal judge by the qualified voters of the city;
72-8 or
72-9 (3) ordering an election in which the qualified voters
72-10 of the city determine whether a municipal judge is appointed by the
72-11 governing body of the city or elected.
72-12 Sec. 30.01593. CLERK; OTHER PERSONNEL. (a) The city
72-13 manager shall appoint a clerk of the municipal court of record, who
72-14 shall be known as the municipal court clerk.
72-15 (b) The clerk may hire, direct, and remove the personnel
72-16 authorized in the city's annual budget for the clerk's office.
72-17 Sec. 30.01594. COURT REPORTER. The clerk of the court shall
72-18 appoint the court reporter.
72-19 Sec. 30.01595. APPEAL. The county criminal courts of appeal
72-20 of Dallas County have jurisdiction of appeals from the municipal
72-21 courts of record.
72-22 SUBCHAPTER QQ. HILL COUNTRY VILLAGE
72-23 Sec. 30.01631. APPLICATION. This subchapter applies to the
72-24 City of Hill Country Village.
72-25 Sec. 30.01632. CLERK; OTHER PERSONNEL. The city secretary
72-26 shall be, ex officio, the clerk of the municipal court of record
72-27 and may hire, direct, and remove the personnel authorized in the
73-1 city's annual budget for the clerk's office.
73-2 Sec. 30.01633. COURT REPORTER. The clerk of the court shall
73-3 appoint the court reporter.
73-4 Sec. 30.01634. APPEAL. The county courts at law of Bexar
73-5 County have jurisdiction over an appeal.
73-6 SUBCHAPTER RR. RIO BRAVO
73-7 Sec. 30.01691. APPLICATION. This subchapter applies to the
73-8 City of Rio Bravo.
73-9 Sec. 30.01692. CLERK; OTHER PERSONNEL. The city manager or
73-10 city administrator of the city shall appoint a clerk of the
73-11 municipal court of record who may hire, direct, and remove the
73-12 personnel authorized in the city's annual budget for the clerk's
73-13 office.
73-14 Sec. 30.01693. COURT REPORTER. The clerk of the court shall
73-15 appoint the court reporter.
73-16 Sec. 30.01694. APPEAL. The county courts at law of Webb
73-17 County have jurisdiction over an appeal.
73-18 SECTION 137. Chapter 30, Government Code, is amended by
73-19 adding Subchapter SS to read as follows:
73-20 SUBCHAPTER SS. LIVE OAK
73-21 Sec. 30.01721. APPLICATION. This subchapter applies to the
73-22 City of Live Oak.
73-23 Sec. 30.01722. CLERK; OTHER PERSONNEL. The city secretary
73-24 shall be, ex officio, the clerk of the municipal court of record
73-25 and may hire, direct, and remove the personnel authorized in the
73-26 city's annual budget for the clerk's office.
73-27 Sec. 30.01723. COURT REPORTER. The clerk of the court shall
74-1 appoint the court reporter.
74-2 Sec. 30.01724. APPEAL. The county courts at law of Bexar
74-3 County have jurisdiction over an appeal.
74-4 SECTION 138. Chapter 30, Government Code, is amended by
74-5 adding Subchapter TT to read as follows:
74-6 SUBCHAPTER TT. FLOWER MOUND
74-7 Sec. 30.01751. APPLICATION. This subchapter applies to the
74-8 Town of Flower Mound.
74-9 Sec. 30.017515. JUDGE. (a) A municipal court of record is
74-10 presided over by a municipal judge.
74-11 (b) A municipal judge is appointed by the mayor with the
74-12 concurrence of the governing body of the municipality and serves at
74-13 the pleasure of the governing body.
74-14 (c) A municipal judge shall:
74-15 (1) devote as much time to the office as necessary;
74-16 and
74-17 (2) take judicial notice of state law, municipal
74-18 ordinances, and the corporate limits of the municipality.
74-19 (d) If there is more than one municipal judge appointed
74-20 under Subsection (b), the mayor shall appoint one of the judges as
74-21 the presiding municipal judge.
74-22 (e) A municipal judge is entitled to a salary from the
74-23 municipality, the amount of which is determined by the governing
74-24 body of the municipality. The amount of a municipal judge's salary
74-25 may not be based directly or indirectly on fines, fees, or costs
74-26 collected by the court.
74-27 Sec. 30.01752. COURT REPORTER. The municipal court clerk
75-1 shall appoint the court reporter. The town manager shall set the
75-2 compensation of the court reporter.
75-3 Sec. 30.01753. APPEAL. The appropriate county court of
75-4 Denton County having jurisdiction over appeals from municipal
75-5 courts shall have jurisdiction over any appeal.
75-6 SECTION 139. The following sections of the Government Code
75-7 are repealed:
75-8 (1) 30.00042, 30.00043, 30.00044(a), (d)-(i), and (k),
75-9 30.00045, 30.00046(a) and (b), 30.00047, 30.00048, and
75-10 30.00050-30.00062;
75-11 (2) 30.00082, 30.00083, 30.00084(a)-(g) and (i),
75-12 30.00086(b)-(d), and 30.00087-30.00101;
75-13 (3) 30.00124-30.00127, 30.00128(a), (c), (d), (h)-(k),
75-14 30.00131-30.00135, 30.00148-30.00161, and 30.00163;
75-15 (4) 30.00182, 30.00183, 30.00184(a)-(j),
75-16 30.00186(b)-(d), and 30.00187-30.00201;
75-17 (5) 30.00222, 30.00223, 30.00224(a), (b), and (d)-(j),
75-18 30.00225, 30.00227, 30.00228, 30.00229(a)-(d), and
75-19 30.00230-30.00242;
75-20 (6) 30.00262, 30.00263, 30.00264(a)-(j),
75-21 30.00267(b)-(d), and 30.00268-30.00282;
75-22 (7) 30.00302, 30.00303, 30.00304(a) and (c)-(h),
75-23 30.00307, 30.00309, and 30.00311-30.00322;
75-24 (8) 30.00342, 30.00343, 30.00344(a)-(j),
75-25 30.00346(b)-(d), and 30.00347-30.00361;
75-26 (9) 30.00382, 30.00383, 30.00384(a), (b), and (d)-(j),
75-27 30.00386, 30.00387, and 30.00389-30.00402;
76-1 (10) 30.00422-30.00425, 30.00426(a)-(j),
76-2 30.00428(b)-(d), and 30.00429-30.00444;
76-3 (11) 30.00462, 30.00463, 30.00464(a) and (c)-(e),
76-4 30.00465(a) and (c), 30.00466(b), and 30.00467-30.00476;
76-5 (12) 30.00492, 30.00493, 30.00494(a)-(j),
76-6 30.00496(b)-(d), and 30.00497-30.00511;
76-7 (13) 30.00532, 30.00533, 30.00534(a)-(e), 30.00535,
76-8 30.00536(b), and 30.00537-30.00547;
76-9 (14) 30.00562, 30.00563, 30.00564(a)-(j),
76-10 30.00566(b)-(d), and 30.00567-30.00581;
76-11 (15) 30.00602, 30.00603, 30.00604(a) and (c)-(e),
76-12 30.00605(a) and (c), 30.00606(b), and 30.00607-30.00616;
76-13 (16) 30.00632, 30.00633, 30.00634(a)-(c) and (e)-(j),
76-14 30.00637(b)-(d), and 30.00638-30.00652;
76-15 (17) 30.00672, 30.00673, 30.00674(a)-(f) and (h),
76-16 30.00675, and 30.00677-30.00688;
76-17 (18) 30.00702, 30.00703, 30.00704(a) and (c)-(e),
76-18 30.00705, 30.00706(b), and 30.00707-30.00717;
76-19 (19) 30.00732, 30.00733, 30.00734(a)-(f) and (h),
76-20 30.00735, 30.00737(a)-(c), and 30.00738-30.00754;
76-21 (20) 30.00772, 30.00773, 30.00774(a)-(e),
76-22 30.00775-30.00777, 30.00779(a)-(e), and 30.00780-30.00794;
76-23 (21) 30.00812, 30.00813, 30.00814(a)-(c), (e), and
76-24 (f), 30.00815-30.00817, and 30.00819-30.00839;
76-25 (22) 30.00852, 30.00853, 30.00854(a)-(c) and (e)-(j),
76-26 30.00856(b)-(d), and 30.00857-30.00871;
76-27 (23) 30.00892, 30.00893, 30.00894(a)-(f),
77-1 30.00896(b)-(d), and 30.00897-30.00910;
77-2 (24) 30.00932, 30.00933, 30.00934(b)-(d), 30.00935,
77-3 30.00936, 30.00938, 30.00939(b) and (c), and 30.00940-30.00954;
77-4 (25) 30.00972-30.00975, 30.00976(a)-(d), 30.00978(b)
77-5 and (d), and 30.00979-30.00992;
77-6 (26) 30.01012, 30.01013, 30.01014(a)-(c) and (e)-(i),
77-7 30.01016(b)-(d), and 30.01017-30.01032;
77-8 (27) 30.01052, 30.01053, 30.01054(a)-(c) and (e)-(j),
77-9 30.01056(b)-(d), and 30.01057-30.01071;
77-10 (28) 30.01092-30.01095, 30.01096(b) and (c), 30.01097,
77-11 30.01098(b) and (c), 30.01099(b)-(e), and 30.01100-30.01113;
77-12 (29) 30.01132, 30.01133, 30.01134(a)-(c) and (e)-(j),
77-13 30.01136(b)-(e), and 30.01137-30.01151;
77-14 (30) 30.01172, 30.01173, 30.01174(a)-(c) and (e)-(j),
77-15 30.01176(b)-(d), and 30.01177-30.01191;
77-16 (31) 30.01212-30.01215, 30.01216(b) and (c), 30.01217,
77-17 30.01218(b), 30.01219(b)-(e), and 30.01220-30.01233;
77-18 (32) 30.01252, 30.01253, 30.01254(a)-(c) and (e)-(j),
77-19 30.01257(b)-(d), and 30.01258-30.01272;
77-20 (33) 30.01292, 30.01293, 30.01294(a)-(c) and (e)-(j),
77-21 and 30.01297-30.01311;
77-22 (34) 30.01322-30.01325, 30.01326(a)-(c), (e), and (f),
77-23 30.01327, 30.01328(c), 30.01329(b)-(e), and 30.01330-30.01345;
77-24 (35) 30.01372, 30.01373, 30.01374(a)-(c) and (e)-(j),
77-25 30.01376(b)-(d), and 30.01377-30.01391;
77-26 (36) 30.01402-30.01405, 30.01406(a) and (b), 30.01407,
77-27 30.01409-30.01423; and
78-1 (37) 30.01442-30.01445, 30.01446(a)-(d), 30.01447,
78-2 30.01448(c), 30.01449-30.01464.
78-3 SECTION 140. (a) This Act takes effect September 1, 1999.
78-4 (b) A municipal judge serving on the effective date of this
78-5 Act continues in office as a judge for the term to which the judge
78-6 was elected or appointed before the effective date, unless
78-7 otherwise removed by law.
78-8 (c) A clerk, a court reporter, or other court staff holding
78-9 an appointed position on the effective date of this Act continues
78-10 to serve until the expiration of the person's term, if any, or
78-11 until another person is appointed to that position as provided by
78-12 this Act.
78-13 (d) A change in law made by this Act applies only to an
78-14 offense committed on or after the effective date of this Act. An
78-15 offense committed before the effective date of this Act is governed
78-16 by the law in effect at the time the offense was committed, and
78-17 that law is continued in effect for that purpose.
78-18 SECTION 141. The importance of this legislation and the
78-19 crowded condition of the calendars in both houses create an
78-20 emergency and an imperative public necessity that the
78-21 constitutional rule requiring bills to be read on three several
78-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 731 was passed by the House on May 7,
1999, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 731 on May 27, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 731 was passed by the Senate, with
amendments, on May 25, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor