1-1 By: Thompson, Clark (Senate Sponsor - Ellis) H.B. No. 731
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 13, 1999, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 13, 1999, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to municipal courts of record.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter A, Chapter 30, Government Code, is
1-12 amended to read as follows:
1-13 SUBCHAPTER A. GENERAL LAW FOR MUNICIPAL COURTS OF RECORD
1-14 Sec. 30.00001. SHORT TITLE; APPLICATION [OF SUBCHAPTER].
1-15 (a) This chapter may be cited as the Uniform Municipal Courts of
1-16 Record Act.
1-17 (b) This subchapter applies to each municipality listed in
1-18 [does not apply to the cities of Austin, Dallas, El Paso, Fort
1-19 Worth, Houston, Longview, Lubbock, Marshall, Midland, Odessa, San
1-20 Antonio, Sweetwater, and Wichita Falls or to any other city covered
1-21 by another subchapter of] this chapter. If a provision of this
1-22 subchapter conflicts with a specific provision for a particular
1-23 municipality, the specific provision controls.
1-24 Sec. 30.00002. DEFINITIONS [CREATION OF MUNICIPAL COURTS OF
1-25 RECORD; DEFINITION]. In this subchapter:
1-26 (1) "Appellate court" means:
1-27 (A) the county criminal court, the county
1-28 criminal court of appeals, or the municipal court of appeals; or
1-29 (B) the county court at law if there is no
1-30 county criminal court, county criminal court of appeals, or
1-31 municipal court of appeals.
1-32 (2) "Governing body" means the legislative body of a
1-33 municipality, without regard to the name or title given to any
1-34 particular body.
1-35 (3) "Municipality" means an incorporated city, town,
1-36 or village.
1-37 (4) "Presiding judge" means the presiding municipal
1-38 judge, chief judge, or administrative judge. [(a) The governing
1-39 body of a city may establish its municipal courts as municipal
1-40 courts of record if the formation of municipal courts of record is
1-41 necessary to provide a more efficient disposition of appeals from
1-42 the municipal court.]
1-43 [(b) On creation of the initial municipal court of record,
1-44 the governing body of the city shall call an election to determine
1-45 the method of selection of the judges of the municipal courts of
1-46 record. The qualified voters of the city shall vote on the
1-47 question of electing or appointing the judges of the municipal
1-48 courts of record. The election must be held on the first
1-49 succeeding uniform election date for which sufficient time elapses
1-50 for the holding of an election.]
1-51 [(c) In this subchapter, "city" means an incorporated
1-52 municipality.]
1-53 Sec. 30.00003. CREATION OF [ADDITIONAL] MUNICIPAL COURTS OF
1-54 RECORD. (a) The governing body [of the city] may by ordinance
1-55 create a [additional] municipal court [courts] of record if the
1-56 governing body determines that the creation of the court is
1-57 [additional courts are] necessary to provide a more efficient
1-58 disposition [dispose properly] of the cases arising in the
1-59 municipality [city].
1-60 (b) The ordinance may establish as many municipal courts of
1-61 record as needed as determined by the governing body [must
1-62 enumerate the number of additional courts that are necessary].
1-63 (c) Except as provided by Subsection (d), the ordinance
1-64 shall give each court a numerical designation, beginning with
2-1 "Municipal Court of Record No. 1."
2-2 (d) If a municipality has a unified court of record, that
2-3 court shall be the "Municipal Court of Record in the City of (name
2-4 of municipality)" and the municipality may establish by ordinance
2-5 divisions, beginning with "Division No. 1."
2-6 (e) A municipal court of record may not exist concurrently
2-7 with a municipal court that is not a municipal court of record in
2-8 the municipality.
2-9 (f) A municipal court of record has no terms and may sit for
2-10 any time for the transaction of business of the court.
2-11 Sec. 30.00004. ABOLITION OF COURT. If the governing body of
2-12 the city finds that a [after the establishment of an additional]
2-13 municipal court of record is unnecessary [that the condition of the
2-14 dockets of the other courts of the county does not require the
2-15 existence of the court to dispose properly of the cases arising in
2-16 the city], the governing body shall by ordinance declare the office
2-17 of the municipal judge vacant at the end of the term for which the
2-18 judge was last selected. Any cases then pending shall be
2-19 transferred to a court with proper jurisdiction of the offense.
2-20 Sec. 30.00005. JURISDICTION. (a) A municipal court of
2-21 record has the jurisdiction provided by general law for municipal
2-22 courts.
2-23 (b) The court has jurisdiction over [of] criminal cases
2-24 arising under ordinances authorized by Sections 215.072, 217.042,
2-25 341.903, and 401.002, Local Government Code [Subdivision 19,
2-26 Article 1175, Revised Statutes].
2-27 (c) The governing body may by ordinance provide that the
2-28 court has concurrent jurisdiction with a justice court in any
2-29 precinct in which the municipality is located in criminal cases
2-30 that arise within the territorial limits of the municipality and
2-31 are punishable only by fine.
2-32 Sec. 30.00006. JUDGE. (a) A municipal court of record is
2-33 presided over by one or more municipal judges.
2-34 (b) The governing body shall by ordinance appoint its
2-35 municipal judges.
2-36 (c) A municipal judge must:
2-37 (1) be a resident of this state;
2-38 (2) be a citizen of the United States;
2-39 (3) be a licensed attorney in good standing; and
2-40 (4) have two or more years of experience in the
2-41 practice of law in this state.
2-42 (d) The governing body [of the city] shall provide [by
2-43 charter or] by ordinance for the term of office of its municipal
2-44 judges. The term must be for a definite term of [not less than]
2-45 two or [nor more than] four years[, the duration of which within
2-46 these limits shall be determined by charter, ordinance, or the
2-47 method prescribed by Article XI, Section 11, of the Texas
2-48 Constitution. A municipal judge may continue in office after the
2-49 end of the judge's term for not more than 90 days or until his
2-50 successor is selected and qualified, whichever occurs first].
2-51 (e) [(c)] The municipal judge shall take judicial notice of
2-52 state law and the ordinances and corporate limits of the
2-53 municipality [city and of the territorial limits of the city]. The
2-54 judge may grant writs of mandamus, attachment, and other writs
2-55 necessary to the enforcement of the jurisdiction of the court and
2-56 may issue writs of habeas corpus in cases in which the offense
2-57 charged is within the jurisdiction of the court. A municipal judge
2-58 is a magistrate and may issue administrative search warrants.
2-59 (f) The municipal judges within a municipality may exchange
2-60 benches and act for each other in any proceeding pending in the
2-61 courts. An act performed by any of the judges is binding on all
2-62 parties to the proceeding.
2-63 (g) A person may not serve as a municipal judge if the
2-64 person is employed by the same municipality. A municipal judge who
2-65 accepts employment with the municipality vacates the judicial
2-66 office.
2-67 (h) The governing body shall determine the salary of a
2-68 municipal judge. The amount of a judge's salary may not be
2-69 diminished during the judge's term of office. The salary may not
3-1 be based directly or indirectly on fines, fees, or costs collected
3-2 by the court.
3-3 Sec. 30.00007. PRESIDING JUDGE. (a) [(d)] If there is more
3-4 than one municipal judge in the municipality [city], the governing
3-5 body of the municipality [city] shall appoint one of the judges as
3-6 the presiding [municipal] judge.
3-7 (b) [(e)] The presiding [municipal] judge shall:
3-8 (1) maintain a central docket for cases filed within
3-9 the territorial limits of the municipality [city] over which the
3-10 municipal courts of record have jurisdiction;
3-11 (2) provide for the distribution of cases from the
3-12 central docket to the individual municipal judges to equalize the
3-13 distribution of business in the courts;
3-14 (3) [call the jury docket and] request the jurors
3-15 needed for cases that are set for trial by jury; [and]
3-16 (4) temporarily assign judges or substitute [relief]
3-17 judges to exchange benches and to act for each other in a
3-18 proceeding pending in a court if necessary for the expeditious
3-19 disposition of business in the courts; and
3-20 (5) supervise and control the operation and clerical
3-21 functions of the administrative department of each court, including
3-22 the court's personnel, during the proceedings of the court.
3-23 [(f) The municipal judges or relief judges may act for each
3-24 other in any proceeding pending in the courts. An act performed by
3-25 any of the judges is binding on all parties to the proceeding.]
3-26 [(g) A municipal judge must be a licensed attorney in good
3-27 standing or a judge who has served the previous five years on a
3-28 municipal court bench in Texas, except that a municipality of less
3-29 than 10,000 in population may appoint a person municipal judge who
3-30 is not a licensed attorney. A person may not serve as a municipal
3-31 judge while the person holds other office or employment with the
3-32 city government.]
3-33 [(h) A municipal judge is entitled to a salary from the
3-34 city, the amount of which is determined by the governing body of
3-35 the city and may not be diminished during the judge's term of
3-36 office. The salary may not be based directly or indirectly on
3-37 fines, fees, or costs that the judge is required by law to collect
3-38 during the term of office. The governing body shall set the salary
3-39 of an appointed judge before his appointment, and shall set the
3-40 salary of an elected judge no later than two weeks before the
3-41 election filing deadline.]
3-42 Sec. 30.00008 [30.00007]. VACANCIES: TEMPORARY
3-43 REPLACEMENT[; REMOVAL]. (a) If a vacancy occurs in the office of
3-44 municipal judge of a court of record, the governing body [of the
3-45 city] shall by ordinance appoint a qualified person to fill the
3-46 office for the remainder of the unexpired term.
3-47 (b) The governing body [of the city] may appoint one or more
3-48 qualified persons to be available to serve for a municipal judge
3-49 who is temporarily absent due to illness, family death, continuing
3-50 legal or judicial education programs, or any other reason [as
3-51 relief municipal judges]. The presiding judge, or the municipal
3-52 judge if there is no presiding judge, shall select one of the
3-53 qualified persons appointed by the governing body to serve during
3-54 the absence of a municipal judge. The substitute judge, while
3-55 serving as a municipal judge, has all the powers and shall
3-56 discharge all the duties of a municipal judge. A substitute [A
3-57 relief] judge must meet the qualifications prescribed for the
3-58 municipal [regular] judge. [The governing body shall set the
3-59 compensation of the relief judges. The presiding municipal judge
3-60 may assign a relief judge to act for a municipal judge who is
3-61 temporarily unable to act for any reason. A relief judge has all
3-62 the powers and duties of the office while so acting.]
3-63 [(c) A municipal judge may be removed in the manner
3-64 prescribed for removal of a county court at law judge.]
3-65 Sec. 30.000085. REMOVAL OF JUDGE. A municipal judge of a
3-66 general law municipality may be removed from office by the
3-67 governing body at any time for the reasons stated and by the
3-68 procedure provided for the removal of mayors and aldermen in
3-69 Section 21.002, Local Government Code. A municipal judge of a
4-1 home-rule municipality may be removed from office by the governing
4-2 body for the reasons stated and by the procedures provided for the
4-3 removal of members of the governing body in the charter or
4-4 ordinances of the municipality.
4-5 Sec. 30.00009 [30.00008]. CLERK; OTHER PERSONNEL. (a) The
4-6 governing body [of the city] shall by ordinance provide for the
4-7 appointment of [appoint] a clerk of the municipal courts of
4-8 record[, who shall be known as the municipal clerk]. The municipal
4-9 clerk shall keep the records of the municipal courts of record,
4-10 issue process, and generally perform the duties that a clerk of a
4-11 county court at law exercising criminal jurisdiction performs for
4-12 that court [serves at the pleasure of the governing body. The
4-13 clerk shall perform, as applicable, the duties prescribed by law
4-14 for the county clerk of a county court at law and any other duty
4-15 necessary to issue process and conduct business of the court. The
4-16 clerk may administer oaths and affidavits and make certificates and
4-17 affix the court's seal to those certificates]. In addition, the
4-18 clerk shall[:]
4-19 [(1) maintain central docket records for all cases
4-20 filed in the municipal courts of record; and]
4-21 [(2)] maintain an index of all court judgments in the
4-22 same manner as county clerks are required by law to prepare for
4-23 criminal cases arising in county courts.
4-24 (b) The [With the consent of the] governing body may provide
4-25 [of the city, the clerk may appoint one or more] deputy clerks,
4-26 warrant officers, and other personnel as needed for the proper
4-27 operation of the courts [to act for the clerk].
4-28 (c) The clerk and other [governing body of the city shall
4-29 provide the courts with other municipal] court personnel [that the
4-30 governing body determines necessary for the proper operation of the
4-31 courts. Those persons shall] perform their duties under the
4-32 direction and control of the presiding judge [clerk or the
4-33 municipal judge to whom assigned. The governing body shall
4-34 determine the salaries of the court personnel].
4-35 (d) The governing body shall by ordinance provide for the
4-36 hiring, direction, supervision, and removal of the personnel
4-37 authorized in the annual budget for the clerk's office.
4-38 Sec. 30.00010 [30.00009]. COURT REPORTER. (a) The
4-39 municipality shall provide a court reporter to [To] preserve a
4-40 record in cases tried before a municipal court of record[, the
4-41 governing body of the city shall provide an official court
4-42 reporter]. The court reporter must meet the qualifications
4-43 provided by law for official court reporters. The reporter shall
4-44 be compensated by the municipality [city] in the manner determined
4-45 by the governing body [of the city].
4-46 (b) The court reporter may use written notes, transcribing
4-47 equipment, video or audio recording equipment, or a combination of
4-48 those methods to record the proceedings of the court. The reporter
4-49 shall keep the record for the 20-day period beginning the day after
4-50 the last day of the proceeding, trial, or denial of motion for new
4-51 trial, or until any appeal is final, whichever occurs last.
4-52 (c) The court reporter is not required to record testimony
4-53 in a case [trial] unless the judge or one of the parties requests a
4-54 record.
4-55 (d) Instead of providing a court reporter, the governing
4-56 body may provide that the proceedings may be recorded by a good
4-57 quality electronic recording device. If the governing body
4-58 authorizes the electronic recording, the court reporter is not
4-59 required to be present to certify the statement of facts. The
4-60 recording shall be kept for the 20-day period beginning the day
4-61 after the last day of the court proceeding, trial, or denial of
4-62 motion for new trial, whichever occurs last. If a case is
4-63 appealed, the proceedings shall be transcribed from the recording
4-64 by an official court reporter.
4-65 Sec. 30.00011 [30.00010]. PROSECUTIONS [BY CITY ATTORNEY].
4-66 All prosecutions in municipal courts of record shall [must] be
4-67 conducted as provided by Article 45.03, Code of Criminal Procedure
4-68 [by the city attorney or an assistant or deputy city attorney].
4-69 Sec. 30.00012 [30.00011]. COURT FACILITIES. The governing
5-1 body shall provide courtrooms, jury rooms, offices, office
5-2 furniture, libraries, law books, and other facilities and supplies
5-3 that the governing body determines are necessary for the proper
5-4 operation of the municipal courts of record. [FILING OF ORIGINAL
5-5 PAPERS. (a) The municipal clerk shall file the original complaint
5-6 and the original of other papers in each case under the direction
5-7 of the presiding municipal judge. The filed original papers
5-8 constitute the records of the courts and a separate record book is
5-9 not required.]
5-10 [(b) The clerk shall keep a separate folder for each case
5-11 and shall note on the outside of the folder:]
5-12 [(1) the style of the case;]
5-13 [(2) the nature of the charged offense;]
5-14 [(3) the dates that the warrant was issued and
5-15 returned;]
5-16 [(4) the date the examination or trial was held;]
5-17 [(5) whether trial was held by jury or before a judge;]
5-18 [(6) trial settings;]
5-19 [(7) any verdict of the jury;]
5-20 [(8) any judgment of the court;]
5-21 [(9) any motion for a new trial and the decision on
5-22 the motion;]
5-23 [(10) whether an appeal was taken; and]
5-24 [(11) the date and the manner in which the judgment
5-25 and sentence were enforced.]
5-26 Sec. 30.000125. SEAL. (a) The governing body shall provide
5-27 each municipal court of record with a seal.
5-28 (b) The seal's appearance and use must substantially conform
5-29 to Article 45.02, Code of Criminal Procedure, but must include the
5-30 phrase "Municipal Court of/in __________, Texas."
5-31 Sec. 30.000126. COMPLAINT; PLEADING. Complaints and
5-32 pleadings must substantially conform to Article 27.14, Code of
5-33 Criminal Procedure, and the relevant provisions of Chapter 45, Code
5-34 of Criminal Procedure.
5-35 Sec. 30.00013 [30.00012]. JURY. (a) Ordinances, rules, and
5-36 procedures concerning a trial by a jury, including the summoning of
5-37 jurors, must substantially conform to Chapter 45, Code of Criminal
5-38 Procedure. [Each person charged with an offense is entitled to a
5-39 trial by a jury of six persons unless the right is waived according
5-40 to law.]
5-41 (b) The presiding judge, the municipal court clerk, or the
5-42 court administrator, as determined by ordinance, shall supervise
5-43 the selection of persons for jury service. [A majority of the
5-44 municipal judges may adopt a plan for the selection of persons for
5-45 jury service from the voter registration rolls of the counties in
5-46 which the city is located. A plan adopted by the municipal courts
5-47 is binding on each court and must:]
5-48 [(1) require the compilation of jurors from the voter
5-49 registration lists of all voting precincts within the city and the
5-50 registry of permanently exempt persons residing in the city
5-51 maintained by the county tax collector as prescribed by Section
5-52 62.108;]
5-53 [(2) require selection of jurors who are eligible to
5-54 vote in the city and have the qualifications prescribed by
5-55 Subchapter B, Chapter 62; and]
5-56 [(3) require the courts to establish a fair,
5-57 impartial, and objective method of selecting persons for jury
5-58 service.]
5-59 [(c) The municipal clerk shall be the official in charge of
5-60 the selection process.]
5-61 [(d) Each juror is subject to the laws governing exemptions
5-62 and excuses from jury service in other courts.]
5-63 Sec. 30.00014 [30.00013]. APPEAL. (a) A defendant has the
5-64 right of appeal from a judgment or conviction in a municipal court
5-65 of record. The state has the right to appeal as provided by
5-66 Article 44.01, Code of Criminal Procedure. The county criminal
5-67 courts or county criminal courts of appeal [courts at law] in the
5-68 county in which the municipality [city] is located or the municipal
5-69 courts of appeal have jurisdiction of appeals from a municipal
6-1 court of record. If there is no county criminal court, county
6-2 criminal court of appeal, or municipal court of appeal [at law in
6-3 the county], the county courts at law have [court has] jurisdiction
6-4 of an appeal. [The city attorney or his assistants or deputies
6-5 shall prosecute all appeals from the municipal courts of record.]
6-6 (b) The appellate court shall determine each appeal from a
6-7 municipal court of record conviction and each appeal from the state
6-8 on the basis of the errors that are set forth in the appellant's
6-9 [defendant's] motion for new trial and that are presented in the
6-10 transcript and statement of facts prepared from the proceedings
6-11 leading to the conviction or appeal. An appeal from the municipal
6-12 court of record may not be by trial de novo.
6-13 (c) To perfect an appeal, the appellant [defendant] must
6-14 file a written motion for new trial with the municipal clerk not
6-15 later than the 10th day after the date on which judgment is
6-16 rendered. The motion must set forth the points of error of which
6-17 the appellant [defendant] complains. The motion or an amended
6-18 motion may be amended by leave of court at any time before action
6-19 on the motion is taken, but not later than the 20th day after the
6-20 date on which the original or amended motion is filed. The court
6-21 may for good cause extend the time for filing or amending, but the
6-22 extension may not exceed 90 days from the original filing deadline.
6-23 If the court does not act on the motion before the expiration of
6-24 the 30 days allowed for determination of the motion, the original
6-25 or amended motion is overruled by operation of law.
6-26 (d) To perfect an appeal, the appellant [defendant] must
6-27 also give notice of the appeal. If the appellant [defendant]
6-28 requests a hearing on the motion for new trial, the appellant
6-29 [defendant] may give the notice of appeal orally in open court on
6-30 the overruling of the motion. If there is no hearing, the
6-31 appellant [defendant] must give a written notice of appeal and must
6-32 file the notice with the court not later than the 10th day after
6-33 the date on which the motion is overruled. The court may for good
6-34 cause extend that time period, but the extension may not exceed 90
6-35 days from the original filing deadline.
6-36 (e) If the defendant is in custody, the appeal is perfected
6-37 when the notice of appeal is given as provided by Article 44.13,
6-38 Code of Criminal Procedure.
6-39 (f) A municipality shall by ordinance establish a transcript
6-40 preparation fee in the amount of $25. The transcript preparation
6-41 fee does not include the fee for an actual transcript of the
6-42 proceedings. The clerk shall note the payment of the fee on the
6-43 docket of the court. If the case is reversed on appeal, the fee
6-44 shall be refunded to the defendant.
6-45 (g) The defendant shall pay the transcript preparation fee
6-46 and the fee for an actual transcript of the proceedings.
6-47 Sec. 30.00015 [30.00014]. APPEAL BOND. (a) If the
6-48 defendant is not in custody, the defendant may not take an appeal
6-49 until the defendant files an appeal bond with the municipal court
6-50 of record. The bond must be approved by the court and must be
6-51 filed not later than the 10th day after the date on which the
6-52 motion for new trial is overruled. If the defendant is in custody,
6-53 the defendant shall be committed to jail unless the defendant posts
6-54 the appeal bond.
6-55 (b) The appeal bond must be in the amount of $100 [$50] or
6-56 double the amount of the fines and costs adjudged against the
6-57 defendant, whichever is greater.
6-58 (c) The bond must:
6-59 (1) state that the defendant was convicted in the case
6-60 and has appealed; [,] and
6-61 (2) [it must] be conditioned on the defendant's
6-62 immediate and daily personal appearance in the court to which the
6-63 appeal is taken.
6-64 Sec. 30.00016 [30.00015]. RECORD ON APPEAL. The record on
6-65 appeal must substantially conform to the provisions relating to the
6-66 preparation of a record on appeal in the Texas Rules of Appellate
6-67 Procedure and the Code of Criminal Procedure [consists of a
6-68 transcript and, if necessary to the appeal, a statement of facts.
6-69 The court reporter shall prepare the record from the reporter's
7-1 record or mechanical or videotape recordings of the proceedings.
7-2 The defendant shall pay for the cost of the transcription. If the
7-3 court finds that the defendant is unable to pay or give security
7-4 for the record on appeal after a hearing in response to an
7-5 affidavit by the defendant, the court shall order the reporter to
7-6 prepare the record without charge to the defendant. If the case is
7-7 reversed on appeal, the court shall promptly refund the cost to the
7-8 defendant].
7-9 Sec. 30.00017 [30.00016]. TRANSCRIPT. The transcript must
7-10 substantially conform to the provisions relating to the preparation
7-11 of a transcript in the Texas Rules of Appellate Procedure and the
7-12 Code of Criminal Procedure. [(a) On the written request of the
7-13 defendant or the defendant's attorney, the municipal clerk shall
7-14 prepare under his hand and seal a transcript of the municipal court
7-15 of record proceedings. The transcript must include copies of:]
7-16 [(1) the complaint;]
7-17 [(2) material docket entries made by the court;]
7-18 [(3) the jury charge and verdict in a jury trial;]
7-19 [(4) the judgment;]
7-20 [(5) the motion for new trial;]
7-21 [(6) the notice of appeal;]
7-22 [(7) written motions and pleas;]
7-23 [(8) written orders of the court;]
7-24 [(9) any bills of exception filed with the court; and]
7-25 [(10) the appeal bond.]
7-26 [(b) The clerk may include in the transcript additional
7-27 portions of the proceedings in the court prepared from mechanical
7-28 or videotape recordings.]
7-29 Sec. 30.00018 [30.00017]. BILLS OF EXCEPTION. Bills of
7-30 exception must substantially conform to the provisions relating to
7-31 the preparation of bills of exception in the Texas Rules of
7-32 Appellate Procedure and the Code of Criminal Procedure. [Either
7-33 party may include bills of exception in the transcript subject to
7-34 the applicable provisions of the Code of Criminal Procedure. The
7-35 bills of exception must be filed with the municipal clerk not later
7-36 than the 60th day after the date on which the notice of appeal is
7-37 given or filed.]
7-38 Sec. 30.00019 [30.00018]. STATEMENT OF FACTS. (a) A
7-39 statement of facts included in the record on appeal must
7-40 substantially conform to the provisions relating to the preparation
7-41 of a statement of facts in the Texas Rules of Appellate Procedure
7-42 and the Code of Criminal Procedure.
7-43 (b) The appellant shall pay for the statement of facts
7-44 [contain:]
7-45 [(1) a transcript of all or part of the municipal
7-46 court of record proceedings that are shown by the notes of the
7-47 court reporter to have occurred before, during, or after the trial,
7-48 if the transcript is requested by the defendant;]
7-49 [(2) a brief statement of the facts of the case proven
7-50 at trial as agreed to by the defendant and the prosecuting
7-51 attorney;]
7-52 [(3) a partial transcript and the agreed statement of
7-53 the facts of the case; or]
7-54 [(4) a transcript of all or part of the municipal
7-55 court of record proceedings in the case that is prepared from
7-56 mechanical or videotape recordings of the proceedings].
7-57 Sec. 30.00020 [30.00019]. [COMPLETION, APPROVAL, AND]
7-58 TRANSFER OF RECORD. (a) Not later than the 60th day after the
7-59 date on which the notice of appeal is given or filed, the parties
7-60 must file with the municipal clerk:
7-61 (1) the statement of facts;
7-62 (2) a written description of material to be included
7-63 in the transcript in addition to the required material; and
7-64 (3) any material to be included in the transcript that
7-65 is not in the custody of the clerk.
7-66 (b) On completion of the record, the municipal judge shall
7-67 approve the record in the manner provided for record completion,
7-68 approval, and notification in the court of appeals.
7-69 (c) After the court approves the record, the clerk shall
8-1 promptly send the record [it] to the appellate court clerk for
8-2 filing. The appellate court clerk shall notify the defendant and
8-3 the prosecuting attorney that the record has been filed.
8-4 Sec. 30.00021 [30.00020]. BRIEF ON APPEAL. (a) An
8-5 appellant's [A defendant's] brief on appeal from a municipal court
8-6 of record must present points of error in the manner required by
8-7 law for a brief on appeal to the court of appeals.
8-8 (b) The appellant [defendant] must file the brief with the
8-9 appellate court clerk not later than the 15th day after the date on
8-10 which the transcript and statement of facts are filed with that
8-11 clerk. The appellant [defendant] or the appellant's [defendant's]
8-12 attorney must certify that the brief has been properly mailed to
8-13 the appellee [prosecuting attorney].
8-14 (c) The appellee [prosecuting attorney] must file the
8-15 appellee's brief with the appellate court clerk not later than the
8-16 15th day after the date on which the appellant's [defendant's]
8-17 brief is filed.
8-18 (d) Each party, on [On] filing the party's brief with the
8-19 appellate court clerk, [each party] shall deliver a copy of the
8-20 brief to the opposing party and to the municipal judge.
8-21 (e) The record and the briefs on appeal shall be limited as
8-22 far as possible to the questions relied on for reversal.
8-23 Sec. 30.00022. NEW TRIAL. The trial court shall decide from
8-24 the briefs of the parties whether the appellant should be permitted
8-25 to withdraw the notice of appeal and be granted a new trial by the
8-26 court. The court may grant a new trial at any time before the
8-27 record is filed with the appellate court.
8-28 Sec. 30.00023 [30.00021]. COURT RULES. (a) Except as
8-29 modified by this subchapter, the Code of Criminal Procedure and
8-30 the Texas Rules of Appellate Procedure govern [governs] the trial
8-31 of cases before the municipal courts of record. The courts may
8-32 make and enforce all rules of practice and procedure necessary to
8-33 expedite the trial of cases before the courts that are not
8-34 inconsistent with [general] law.
8-35 (b) The appellate courts may make and enforce all rules of
8-36 practice and procedure that are not inconsistent with [general] law
8-37 and that are necessary to expedite the dispatch of appeals from the
8-38 municipal courts of record.
8-39 Sec. 30.00024 [30.00022]. DISPOSITION ON APPEAL.
8-40 (a) According to the law and the nature of the case, the appellate
8-41 court may:
8-42 (1) affirm the judgment of the municipal court of
8-43 record;
8-44 (2) reverse and remand for a new trial;
8-45 (3) reverse and dismiss the case; or
8-46 (4) reform and correct the judgment.
8-47 (b) Unless the matter was made an issue in the trial court
8-48 or it affirmatively appears to the contrary from the transcript or
8-49 the statement of facts, the appellate court shall presume that:
8-50 (1) venue was proven in the trial court;
8-51 (2) the jury, if any, was properly impaneled and
8-52 sworn;
8-53 (3) the defendant was arraigned and pleaded to the
8-54 complaint; and
8-55 (4) the municipal judge certified the charge before it
8-56 was read to the jury.
8-57 (c) In each case decided by the appellate court, the court
8-58 shall deliver a written opinion or order either sustaining or
8-59 overruling each assignment of error presented. The court shall set
8-60 forth the reasons for its decision. The appellate court clerk
8-61 shall mail copies of the decision to the parties and to the
8-62 municipal judge as soon as the decision is rendered.
8-63 (d) The appellate court may determine the rules for oral
8-64 argument. The parties may submit the case on the record and briefs
8-65 without oral argument.
8-66 Sec. 30.00025 [30.00023]. CERTIFICATE OF APPELLATE
8-67 PROCEEDINGS. (a) When the judgment of the appellate court becomes
8-68 final, the clerk of that court shall certify the proceedings and
8-69 the judgment and shall mail the certificate to the municipal clerk.
9-1 The municipal clerk shall file the certificate with the papers in
9-2 the case and note the certificate on the case docket.
9-3 (b) If the municipal court of record judgment is affirmed,
9-4 [further action] to enforce the judgment the court may [is not
9-5 necessary except to]:
9-6 (1) forfeit the bond of the defendant;
9-7 (2) issue a writ of capias for the defendant; [or]
9-8 (3) issue an execution against the defendant's
9-9 property;
9-10 (4) order a refund for the defendant's costs; or
9-11 (5) conduct an indigency hearing at the court's
9-12 discretion.
9-13 Sec. 30.00026 [30.00024]. EFFECT OF ORDER OF NEW TRIAL. If
9-14 the appellate court awards a new trial to the appellant
9-15 [defendant], the case stands as if a new trial had been granted by
9-16 the municipal court of record.
9-17 Sec. 30.00027 [30.00025]. APPEALS TO COURT OF APPEALS. (a)
9-18 The appellant [defendant] has the right to appeal to the court of
9-19 appeals if the fine assessed against the defendant exceeds $100 and
9-20 if the judgment is affirmed by the appellate court.
9-21 (b) The provisions of the Code of Criminal Procedure
9-22 relating to direct appeals from a county or a district court to the
9-23 court of appeals apply to the appeal, except that:
9-24 (1) the record and briefs on appeal in the appellate
9-25 court constitute the record and briefs on appeal to the court of
9-26 appeals unless the rules of the court of criminal appeals provide
9-27 otherwise; and
9-28 (2) the record and briefs shall be filed directly with
9-29 the court of appeals.
9-30 [Sec. 30.00026. SEAL. The governing body of the city shall
9-31 provide each municipal court of record with a seal with a star of
9-32 five points in the center and the words "Municipal Court of
9-33 ____________________, Texas." The impress of the seal shall be
9-34 attached to all papers, except subpoenas, issued out of the court
9-35 and shall be used by each municipal judge or the municipal clerk to
9-36 authenticate all official acts of the clerk and the judge.]
9-37 SECTION 2. Section 30.00041(b), Government Code, is amended
9-38 to read as follows:
9-39 (b) In this subchapter, "appellate courts" means the county
9-40 courts at law of Lubbock County that have criminal appellate
9-41 jurisdiction.
9-42 SECTION 3. Section 30.00044, Government Code, is amended by
9-43 amending Subsection (b) and adding Subsection (l) to read as
9-44 follows:
9-45 (b) A municipal judge is elected by the qualified voters of
9-46 the city for a term of four [two] years [unless the city by charter
9-47 amendment provides for a four-year term as provided by Article XI,
9-48 Section 11, of the Texas Constitution. The governing body of the
9-49 city may appoint a person with qualifications required of a
9-50 municipal judge to serve in a newly created municipal court of
9-51 record until the next regular city election].
9-52 (l) Section 30.00007(b)(5) does not apply to this
9-53 subchapter.
9-54 SECTION 4. Section 30.00046, Government Code, is amended by
9-55 adding Subsection (c) to read as follows:
9-56 (c) Section 30.00010(d) does not apply to this subchapter.
9-57 SECTION 5. Section 30.00081, Government Code, is amended to
9-58 read as follows:
9-59 Sec. 30.00081. APPLICATION; DEFINITION. (a) This
9-60 subchapter applies to the City of Irving.
9-61 (b) In this subchapter, "appellate courts" means the county
9-62 criminal courts of Dallas County that have criminal appellate
9-63 jurisdiction.
9-64 SECTION 6. Section 30.00084, Government Code, is amended by
9-65 amending Subsection (h) and adding Subsection (j) to read as
9-66 follows:
9-67 (h) In addition to exercising powers under Section 30.00006,
9-68 a [A municipal judge shall take judicial notice of state law, city
9-69 ordinances, and the corporate limits of the city in a case tried
10-1 before a municipal court of record. A municipal judge may grant
10-2 writs of mandamus, injunction, and attachment and other writs
10-3 necessary to the enforcement of the jurisdiction of the court and
10-4 may issue writs of habeas corpus in cases in which the offense
10-5 charged is within the jurisdiction of the court. A] municipal
10-6 judge, with the approval of all parties, may order a defendant and
10-7 the victim or complainant in a case before the municipal court to
10-8 engage in mediation or alternative dispute resolution. The city
10-9 shall provide mediation services and pay all costs of those
10-10 services.
10-11 (j) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
10-12 to this subchapter.
10-13 SECTION 7. Section 30.00085, Government Code, is amended to
10-14 read as follows:
10-15 Sec. 30.00085. CLERK; OTHER PERSONNEL. (a) The city
10-16 manager of the city may appoint a clerk of the municipal court of
10-17 record who may hire, direct, and remove the personnel authorized in
10-18 the city's annual budget for the clerk's office. [The clerk or the
10-19 clerk's deputies or assistants may keep the records of the
10-20 municipal courts of record, issue process, and generally perform
10-21 the duties for the courts that a clerk of the county court
10-22 exercising criminal jurisdiction is required by law to perform for
10-23 that court.] The clerk shall perform the duties in accordance with
10-24 statutes, the city charter, and city ordinances.
10-25 (b) Sections 30.00009(c) and (d) do not apply to this
10-26 subchapter.
10-27 SECTION 8. Section 30.00086(a), Government Code, is amended
10-28 to read as follows:
10-29 (a) [The city shall provide a court reporter for the purpose
10-30 of preserving a record in cases tried before the municipal court of
10-31 record.] The clerk of the court shall appoint the court reporter
10-32 under Section 30.00010[, who must meet the qualifications provided
10-33 by law for official court reporters. The reporter shall be
10-34 compensated by the city in the manner determined by the governing
10-35 body of the city].
10-36 SECTION 9. Section 30.00128, Government Code, is amended by
10-37 amending Subsection (g) and adding Subsection (l) to read as
10-38 follows:
10-39 (g) In addition to complying with Section 30.00006(h), the
10-40 [A municipal judge or an associate municipal judge is entitled to
10-41 compensation from the city to be set by the governing body of the
10-42 city. The compensation may not be diminished but may be increased
10-43 during a judge's term of office. The compensation may not be based
10-44 directly or indirectly on fines, fees, or costs that the judge is
10-45 required by law to collect during his term of office. The] salary
10-46 of the presiding judge must be set at an amount that is at least 20
10-47 percent more than the salary of the regular municipal judges.
10-48 (l) Section 30.00007(b) does not apply to this subchapter.
10-49 SECTION 10. Section 30.00129, Government Code, is amended to
10-50 read as follows:
10-51 Sec. 30.00129. COURT CLERK; OTHER PERSONNEL. In addition to
10-52 satisfying the requirements of Section 30.00009, the [The]
10-53 governing body of the city shall provide a clerk of the municipal
10-54 courts of record, deputy clerks, and other municipal court
10-55 personnel, including at least one bailiff for each court, as
10-56 necessary for the proper operation of the municipal courts. [The
10-57 clerk shall keep the records of proceedings of the municipal courts
10-58 of record, issue all processes, and perform the duties prescribed
10-59 by law for clerks of the county courts at law exercising criminal
10-60 jurisdiction to the extent that law applies. The clerk and other
10-61 personnel shall perform the duties of their office under the
10-62 direction and control of the presiding municipal judge.]
10-63 SECTION 11. Section 30.00130, Government Code, is amended by
10-64 adding Subsection (d) to read as follows:
10-65 (d) Section 30.00010(d) does not apply to this subchapter.
10-66 SECTION 12. Section 30.00144(d), Government Code, is amended
10-67 to read as follows:
10-68 (d) If an original or amended motion for new trial is not
10-69 determined by written order signed not later than 30 [20] days
11-1 after the date of the rendition of the judgment of conviction, the
11-2 motion is overruled by operation of law.
11-3 SECTION 13. Section 30.00145, Government Code, is amended to
11-4 read as follows:
11-5 Sec. 30.00145. RIGHT OF APPEAL. (a) A defendant has the
11-6 right of appeal from a judgment of conviction in the municipal
11-7 court of record under the rules prescribed by this subchapter. The
11-8 El Paso Municipal Court of Appeals has jurisdiction over appeals
11-9 from the municipal courts of record, and all appeals from
11-10 convictions in the municipal court of record must be prosecuted in
11-11 the appellate court, the court of appeals, or the court of criminal
11-12 appeals by the city attorney or an assistant city attorney.
11-13 (b) Section 30.00014 does not apply to this subchapter.
11-14 SECTION 14. Section 30.00147(a), Government Code, is amended
11-15 to read as follows:
11-16 (a) A defendant, as a condition of perfecting an appeal to
11-17 the appellate court, must file an appeal bond, unless the defendant
11-18 is in custody. An appeal may be perfected by timely filing with
11-19 the municipal court clerk an appeal bond that meets the
11-20 requirements of Subchapter A [this subchapter]. It is not
11-21 necessary to file a notice of appeal. If the defendant is in
11-22 custody, the appeal is perfected when notice of appeal is given as
11-23 provided by Article 44.13 [44.08], Code of Criminal Procedure[,
11-24 1965].
11-25 SECTION 15. Section 30.00181, Government Code, is amended to
11-26 read as follows:
11-27 Sec. 30.00181. APPLICATION; DEFINITION. (a) This
11-28 subchapter applies to the City of Kennedale.
11-29 (b) In this subchapter, "appellate courts" means the county
11-30 criminal courts of Tarrant County that have criminal appellate
11-31 jurisdiction.
11-32 SECTION 16. Section 30.00184, Government Code, is amended by
11-33 adding Subsection (k) to read as follows:
11-34 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
11-35 to this subchapter.
11-36 SECTION 17. Section 30.00185, Government Code, is amended to
11-37 read as follows:
11-38 Sec. 30.00185. CLERK; OTHER PERSONNEL. (a) The city
11-39 manager or city administrator of the city shall appoint a clerk of
11-40 the municipal court of record who may hire, direct, and remove the
11-41 personnel authorized in the city's annual budget for the clerk's
11-42 office. [The clerk or the clerk's deputies shall keep the records
11-43 of the municipal courts of record, issue process, and generally
11-44 perform the duties for the courts that a clerk of the county court
11-45 exercising criminal jurisdiction is required by law to perform for
11-46 that court.] The clerk shall perform the duties in accordance with
11-47 statutes, the city charter, and city ordinances.
11-48 (b) Sections 30.00009(c) and (d) do not apply to this
11-49 subchapter.
11-50 SECTION 18. Section 30.00186(a), Government Code, is amended
11-51 to read as follows:
11-52 (a) [The city shall provide a court reporter for the purpose
11-53 of preserving a record in cases tried before the municipal court of
11-54 record.] The clerk of the court shall appoint the court reporter
11-55 under Section 30.00010[, who must meet the qualifications provided
11-56 by law for official court reporters. The reporter shall be
11-57 compensated by the city in the manner determined by the governing
11-58 body of the city].
11-59 SECTION 19. Section 30.00221(b), Government Code, is amended
11-60 to read as follows:
11-61 (b) In this subchapter, "appellate courts" means the county
11-62 courts at law of Bexar County that have criminal appellate
11-63 jurisdiction.
11-64 SECTION 20. Section 30.00224, Government Code, is amended by
11-65 amending Subsection (c) and adding Subsection (k) to read as
11-66 follows:
11-67 (c) In addition to satisfying the requirements of Section
11-68 30.00006(c), a [A] municipal judge must have been a resident of the
11-69 city for at least three years immediately preceding the judge's
12-1 appointment [be a licensed attorney in good standing, must have had
12-2 two or more years of experience in the practice of law in this
12-3 state, and must be a citizen of the United States and of this
12-4 state. A person may not serve as a municipal judge while the
12-5 person holds other office or employment with the city government.
12-6 A municipal judge who takes such an office or employment vacates
12-7 the judicial office].
12-8 (k) Section 30.00007(b)(5) does not apply to this
12-9 subchapter.
12-10 SECTION 21. Section 30.00226, Government Code, is amended by
12-11 adding Subsection (c) to read as follows:
12-12 (c) Section 30.00010(d) does not apply to this subchapter.
12-13 SECTION 22. Section 30.00261, Government Code, is amended to
12-14 read as follows:
12-15 Sec. 30.00261. APPLICATION; DEFINITION. (a) This
12-16 subchapter applies to the City of Mansfield.
12-17 (b) In this subchapter, "appellate courts" means the county
12-18 criminal courts of Tarrant County that have criminal appellate
12-19 jurisdiction.
12-20 SECTION 23. Section 30.00264, Government Code, is amended by
12-21 adding Subsection (k) to read as follows:
12-22 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
12-23 to this subchapter.
12-24 SECTION 24. Section 30.00266, Government Code, is amended to
12-25 read as follows:
12-26 Sec. 30.00266. CLERK; OTHER PERSONNEL. (a) The city
12-27 manager of the city shall appoint a clerk of the municipal court of
12-28 record who may hire, direct, and remove the personnel authorized in
12-29 the city's annual budget for the clerk's office. [The clerk or the
12-30 clerk's deputies shall keep the records of the municipal courts of
12-31 record, issue process, and generally perform the duties for the
12-32 courts that a clerk of the county court exercising criminal
12-33 jurisdiction is required by law to perform for that court.] The
12-34 clerk shall perform the duties in accordance with statutes, the
12-35 city charter, and city ordinances.
12-36 (b) Sections 30.00009(c) and (d) do not apply to this
12-37 subchapter.
12-38 SECTION 25. Section 30.00267(a), Government Code, is amended
12-39 to read as follows:
12-40 (a) [The city shall provide a court reporter for the purpose
12-41 of preserving a record in cases tried before the municipal court of
12-42 record.] The clerk of the court shall appoint the court reporter
12-43 under Section 30.00010[, who must meet the qualifications provided
12-44 by law for official court reporters. The reporter shall be
12-45 compensated by the city in the manner determined by the governing
12-46 body of the city].
12-47 SECTION 26. Section 30.00301, Government Code, is amended to
12-48 read as follows:
12-49 Sec. 30.00301. APPLICATION; DEFINITION. (a) This
12-50 subchapter applies to the City of Wichita Falls.
12-51 (b) In this subchapter, "appellate courts" means the county
12-52 courts at law of Wichita County that have criminal appellate
12-53 jurisdiction.
12-54 SECTION 27. Section 30.00304, Government Code, is amended by
12-55 amending Subsection (b) and adding Subsection (i) to read as
12-56 follows:
12-57 (b) In addition to satisfying the requirements of Section
12-58 30.00006(c), a [A] municipal judge [must be a licensed attorney in
12-59 good standing, must have had two or more years of experience in the
12-60 practice of law in this state, and must be a citizen of the United
12-61 States and of this state. The judge] must maintain residence in
12-62 the city during the tenure of office but need not be a resident of
12-63 the city at the time of the appointment. The judge may not engage
12-64 in the private practice of law while in office. The judge must
12-65 execute a bond and take the oath of office required of a county
12-66 judge.
12-67 (i) Sections 30.00007(a) and (b)(5) do not apply to this
12-68 subchapter.
12-69 SECTION 28. Section 30.00305, Government Code, is amended to
13-1 read as follows:
13-2 Sec. 30.00305. CLERK. (a) The city manager shall appoint a
13-3 clerk of the municipal courts of record. [The clerk or the clerk's
13-4 deputies shall keep the records of the municipal courts of record,
13-5 issue process, and generally perform the duties for the courts that
13-6 a clerk of a county court at law exercising criminal jurisdiction
13-7 performs for that court.] The clerk holds office at the pleasure
13-8 of the city manager and is subject to all city charter provisions,
13-9 ordinances, and personnel policies relating to non-civil service
13-10 city employees.
13-11 (b) Section 30.00009(c) does not apply to this subchapter.
13-12 SECTION 29. Section 30.00306, Government Code, is amended to
13-13 read as follows:
13-14 Sec. 30.00306. COURT REPORTER. (a) The city manager shall
13-15 appoint an official court reporter under Section 30.00010 for the
13-16 purpose of preserving a record in cases tried before the municipal
13-17 courts of record. The reporter holds office at the pleasure of the
13-18 city manager. The city manager may appoint more than one reporter
13-19 for each court if necessary to dispose of the business of the court
13-20 without delay. [A reporter is not required to record testimony in
13-21 a case in which neither the defendant, the prosecutor, nor the
13-22 judge demands it.] If a reporter is not demanded, a statement of
13-23 facts may be prepared from mechanical, audio, or video recordings
13-24 of the proceedings.
13-25 (b) Section 30.00010(d) does not apply to this subchapter.
13-26 SECTION 30. Section 30.00341, Government Code, is amended to
13-27 read as follows:
13-28 Sec. 30.00341. APPLICATION; DEFINITION. (a) This subchapter
13-29 applies to the City of Burleson.
13-30 (b) In this subchapter, "appellate courts" means the county
13-31 courts at law of Johnson County that have criminal appellate
13-32 jurisdiction.
13-33 SECTION 31. Section 30.00344, Government Code, is amended by
13-34 adding Subsection (k) to read as follows:
13-35 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
13-36 to this subchapter.
13-37 SECTION 32. Section 30.00345, Government Code, is amended to
13-38 read as follows:
13-39 Sec. 30.00345. CLERK; OTHER PERSONNEL. (a) The city
13-40 manager of the city shall appoint a clerk of the municipal court of
13-41 record who may hire, direct, and remove the personnel authorized in
13-42 the city's annual budget for the clerk's office. [The clerk or the
13-43 clerk's deputies shall keep the records of the municipal courts of
13-44 record, issue process, and generally perform the duties for the
13-45 courts that a clerk of the county court exercising criminal
13-46 jurisdiction is required by law to perform for that court.] The
13-47 clerk shall perform the duties in accordance with statutes, the
13-48 city charter, and city ordinances.
13-49 (b) Sections 30.00009(c) and (d) do not apply to this
13-50 subchapter.
13-51 SECTION 33. Section 30.00346(a), Government Code, is amended
13-52 to read as follows:
13-53 (a) [The city shall provide a court reporter for the purpose
13-54 of preserving a record in cases tried before the municipal court of
13-55 record.] The clerk of the court shall appoint the court reporter
13-56 under Section 30.00010[, who must meet the qualifications provided
13-57 by law for official court reporters. The reporter shall be
13-58 compensated by the city in the manner determined by the governing
13-59 body of the city].
13-60 SECTION 34. Section 30.00381, Government Code, is amended to
13-61 read as follows:
13-62 Sec. 30.00381. APPLICATION; DEFINITION. (a) This subchapter
13-63 applies to the City of Fort Worth.
13-64 (b) In this subchapter, "appellate courts" means the county
13-65 criminal courts of Tarrant County that have criminal appellate
13-66 jurisdiction.
13-67 SECTION 35. Section 30.00384, Government Code, is amended by
13-68 amending Subsection (c) and adding Subsection (k) to read as
13-69 follows:
14-1 (c) [A municipal judge must be a licensed attorney in good
14-2 standing and must have two or more years of experience in the
14-3 practice of law in this state. The judge must be a citizen of the
14-4 United States and of this state.] The judge must maintain
14-5 residence in the city during the tenure of office.
14-6 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
14-7 to this subchapter.
14-8 SECTION 36. Section 30.00385, Government Code, is amended to
14-9 read as follows:
14-10 Sec. 30.00385. CLERK. (a) The city manager with the
14-11 consent of the governing body of the city shall appoint a clerk of
14-12 the municipal courts of record. [The clerk or the clerk's deputies
14-13 shall keep the records of the municipal courts of record, issue
14-14 process, and generally perform the duties for the courts that a
14-15 clerk of a county court exercising criminal jurisdiction is
14-16 required by law to perform for that court.] The clerk shall
14-17 perform the duties in accordance with statutes, the city charter,
14-18 and city ordinances.
14-19 (b) Section 30.00009(c) does not apply to this subchapter.
14-20 SECTION 37. Section 30.00421, Government Code, is amended to
14-21 read as follows:
14-22 Sec. 30.00421. APPLICATION; DEFINITION. (a) This subchapter
14-23 applies to the City of Grand Prairie.
14-24 (b) In this subchapter, "appellate courts" means the county
14-25 criminal courts of Dallas County that have criminal appellate
14-26 jurisdiction.
14-27 SECTION 38. Section 30.00426, Government Code, is amended by
14-28 adding Subsection (k) to read as follows:
14-29 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
14-30 to this subchapter.
14-31 SECTION 39. Section 30.00427, Government Code, is amended
14-32 to read as follows:
14-33 Sec. 30.00427. CLERK; OTHER PERSONNEL. (a) The city
14-34 manager shall appoint a clerk of a municipal court of record who
14-35 may hire, direct, and remove the personnel authorized in the city's
14-36 annual budget for the clerk's office. [The clerk or the clerk's
14-37 deputies shall keep the records of the municipal courts of record,
14-38 issue process, and generally perform the duties for the courts that
14-39 a clerk of the county court exercising criminal jurisdiction is
14-40 required by law to perform for that court.] The clerk shall perform
14-41 the duties in accordance with statutes, the city charter, and city
14-42 ordinances.
14-43 (b) Sections 30.00009(c) and (d) do not apply to this
14-44 subchapter.
14-45 SECTION 40. Section 30.00428(a), Government Code, is amended
14-46 to read as follows:
14-47 (a) [The city shall provide a court reporter to preserve a
14-48 record in cases tried before a municipal court of record.] The
14-49 clerk of the court shall appoint the court reporter under Section
14-50 30.00010 [who must meet the qualifications provided by law for
14-51 official court reporters]. The reporter shall be compensated by
14-52 the city in the manner determined by the city manager.
14-53 SECTION 41. Section 30.00461, Government Code, is amended to
14-54 read as follows:
14-55 Sec. 30.00461. APPLICATION; DEFINITION. (a) This
14-56 subchapter applies to the City of Sweetwater.
14-57 (b) In this subchapter, "appellate courts" means the County
14-58 Court of Nolan County.
14-59 SECTION 42. Section 30.00464, Government Code, is amended by
14-60 adding Subsection (f) to read as follows:
14-61 (f) Section 30.00007(b)(5) does not apply to this
14-62 subchapter.
14-63 SECTION 43. Section 30.00466, Government Code, is amended by
14-64 amending Subsection (a) and adding Subsection (c) to read as
14-65 follows:
14-66 (a) [The city shall provide a court reporter for the purpose
14-67 of preserving a record in cases tried before the municipal court of
14-68 record.] The municipal judge shall appoint a court reporter under
14-69 Section 30.00010, whose qualifications shall be determined by the
15-1 judge or, if there is more than one municipal judge, by the
15-2 presiding municipal judge. [The governing body of the city shall
15-3 set the compensation of the court reporter.]
15-4 (c) Section 30.00010(d) does not apply to this subchapter.
15-5 SECTION 44. Section 30.00491, Government Code, is amended to
15-6 read as follows:
15-7 Sec. 30.00491. APPLICATION; DEFINITION. (a) This
15-8 subchapter applies to the City of Crowley.
15-9 (b) In this subchapter, "appellate courts" means the county
15-10 criminal courts of Tarrant County that have criminal appellate
15-11 jurisdiction.
15-12 SECTION 45. Section 30.00494, Government Code, is amended by
15-13 adding Subsection (k) to read as follows:
15-14 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
15-15 to this subchapter.
15-16 SECTION 46. Subchapter M, Chapter 30, Government Code, is
15-17 amended by adding Section 30.004945 to read as follows:
15-18 Sec. 30.004945. Magistrates. (a) The governing body may
15-19 appoint one or more magistrates in addition to magistrates provided
15-20 under Article 2.09, Code of Criminal Procedure.
15-21 (b) A magistrate does not have to possess all the
15-22 qualifications necessary to be a municipal court of record judge.
15-23 (c) A magistrate may not preside over the court or hear
15-24 contested cases.
15-25 (d) A magistrate may:
15-26 (1) conduct an arraignment;
15-27 (2) hold an indigency hearing;
15-28 (3) accept a plea;
15-29 (4) sign a judgment;
15-30 (5) set the amount of a bond; or
15-31 (6) perform other functions under Article 15.17, Code
15-32 of Criminal Procedure.
15-33 SECTION 47. Section 30.00495, Government Code, is amended to
15-34 read as follows:
15-35 Sec. 30.00495. CLERK; OTHER PERSONNEL. (a) The city manager
15-36 or city administrator of the city shall appoint a clerk of the
15-37 municipal court of record who may hire, direct, and remove the
15-38 personnel authorized in the city's annual budget for the clerk's
15-39 office. [The clerk or the clerk's deputies shall keep the records
15-40 of the municipal courts of record, issue process, and generally
15-41 perform the duties for the courts that a clerk of the county court
15-42 exercising criminal jurisdiction is required by law to perform for
15-43 that court.] The clerk shall perform the duties in accordance with
15-44 statutes, the city charter, and city ordinances.
15-45 (b) Sections 30.00009(c) and (d) do not apply to this
15-46 subchapter.
15-47 SECTION 48. Section 30.00496(a), Government Code, is amended
15-48 to read as follows:
15-49 (a) [The city shall provide a court reporter for the purpose
15-50 of preserving a record in cases tried before the municipal court of
15-51 record.] The clerk of the court shall appoint the court reporter
15-52 under Section 30.00010[, who must meet the qualifications provided
15-53 by law for official court reporters. The reporter shall be
15-54 compensated by the city in the manner determined by the governing
15-55 body of the city].
15-56 SECTION 49. Section 30.00531, Government Code, is amended to
15-57 read as follows:
15-58 Sec. 30.00531. APPLICATION; DEFINITION. (a) This
15-59 subchapter applies to the City of Longview.
15-60 (b) In this subchapter, "appellate courts" means the County
15-61 Court of Gregg County.
15-62 SECTION 50. Section 30.00534, Government Code, is amended by
15-63 adding Subsection (f) to read as follows:
15-64 (f) Section 30.00007(b)(5) does not apply to this
15-65 subchapter.
15-66 SECTION 51. Section 30.00536, Government Code, is amended by
15-67 amending Subsection (a) and adding Subsection (c) to read as
15-68 follows:
15-69 (a) [The city shall provide a court reporter for the purpose
16-1 of preserving a record in cases tried before the municipal court of
16-2 record.] The municipal judge shall appoint the court reporter
16-3 under Section 30.00010[, who must meet the qualifications provided
16-4 by law for official court reporters. The governing body of the
16-5 city shall set the compensation of the court reporter].
16-6 (c) Section 30.00010(d) does not apply to this subchapter.
16-7 SECTION 52. Section 30.00561, Government Code, is amended to
16-8 read as follows:
16-9 Sec. 30.00561. APPLICATION; DEFINITION. (a) This
16-10 subchapter applies to the town of Pantego.
16-11 (b) In this subchapter, "appellate courts" means the county
16-12 criminal courts of Tarrant County that have criminal appellate
16-13 jurisdiction.
16-14 SECTION 53. Section 30.00564, Government Code, is amended by
16-15 adding Subsection (k) to read as follows:
16-16 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
16-17 to this subchapter.
16-18 SECTION 54. Section 30.00565, Government Code, is amended to
16-19 read as follows:
16-20 Sec. 30.00565. CLERK; OTHER PERSONNEL. (a) The city manager
16-21 of the town shall appoint a clerk of the municipal court of record
16-22 who may hire, direct, and remove the personnel authorized in the
16-23 town's annual budget for the clerk's office. [The clerk or the
16-24 clerk's deputies shall keep the records of the municipal courts of
16-25 record, issue process, and generally perform the duties for the
16-26 courts that a clerk of the county court exercising criminal
16-27 jurisdiction is required by law to perform for that court.] The
16-28 clerk shall perform the duties in accordance with statutes, the
16-29 town charter, and town ordinances.
16-30 (b) Sections 30.00009(c) and (d) do not apply to this
16-31 subchapter.
16-32 SECTION 55. Section 30.00566(a), Government Code, is amended
16-33 to read as follows:
16-34 (a) [The town shall provide a court reporter for the purpose
16-35 of preserving a record in cases tried before the municipal court of
16-36 record.] The clerk of the court shall appoint the court reporter
16-37 under Section 30.00010[, who must meet the qualifications provided
16-38 by law for official court reporters. The reporter shall be
16-39 compensated by the town in the manner determined by the governing
16-40 body of the town].
16-41 SECTION 56. Section 30.00601, Government Code, is amended to
16-42 read as follows:
16-43 Sec. 30.00601. APPLICATION; DEFINITION. (a) This
16-44 subchapter applies to the City of Midland.
16-45 (b) In this subchapter, "appellate courts" means the County
16-46 Court of Midland County.
16-47 SECTION 57. Section 30.00604, Government Code, is amended by
16-48 amending Subsection (b) and adding Subsection (f) to read as
16-49 follows:
16-50 (b) In addition to satisfying the requirements of Section
16-51 30.00006(c), a [A] municipal judge [must be a licensed attorney in
16-52 good standing in this state. The judge must be a citizen of the
16-53 United States and of this state. The judge] must maintain residence
16-54 in the city during the tenure of office but need not be a resident
16-55 of the city at the time of the appointment. The judge shall serve
16-56 full time and may not engage in the private practice of law while
16-57 in office.
16-58 (f) Section 30.00007(b)(5) does not apply to this
16-59 subchapter.
16-60 SECTION 58. Section 30.00606, Government Code, is amended by
16-61 amending Subsection (a) and adding Subsection (c) to read as
16-62 follows:
16-63 (a) [The city shall provide a court reporter for the purpose
16-64 of preserving a record in cases tried before the municipal court of
16-65 record.] The municipal judge shall appoint the court reporter
16-66 under Section 30.00010, who must meet qualifications determined by
16-67 the judge or, if there is more than one judge, by the presiding
16-68 municipal judge. The governing body of the city shall set the
16-69 compensation of the court reporter on the recommendation of the
17-1 presiding judge.
17-2 (c) Section 30.00010(d) does not apply to this subchapter.
17-3 SECTION 59. Section 30.00631, Government Code, is amended to
17-4 read as follows:
17-5 Sec. 30.00631. APPLICATION; DEFINITION. (a) This
17-6 subchapter applies to the City of River Oaks.
17-7 (b) In this subchapter, "appellate courts" means the county
17-8 criminal courts of Tarrant County that have criminal appellate
17-9 jurisdiction.
17-10 SECTION 60. Section 30.00634, Government Code, is amended by
17-11 amending Subsection (d) and adding Subsection (k) to read as
17-12 follows:
17-13 (d) In addition to exercising powers under Section
17-14 30.00006(e), a municipal [A municipal judge must be a licensed
17-15 attorney in good standing in this state and must have two or more
17-16 years of experience in the practice of law in this state. The
17-17 judge must be a citizen of the United States and of this state.
17-18 The] judge shall devote as much time to the office as it requires.
17-19 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
17-20 to this subchapter.
17-21 SECTION 61. Section 30.00636, Government Code, is amended to
17-22 read as follows:
17-23 Sec. 30.00636. CLERK; OTHER PERSONNEL. (a) The city
17-24 administrator of the city shall appoint a clerk of the municipal
17-25 court of record who may hire, direct, and remove the personnel
17-26 authorized in the city's annual budget for the clerk's office.
17-27 [The clerk or the clerk's deputies shall keep the records of the
17-28 municipal courts of record, issue process, and generally perform
17-29 the duties for the courts that a clerk of the county court
17-30 exercising criminal jurisdiction is required by law to perform for
17-31 that court.] The clerk shall perform the duties in accordance with
17-32 statutes, the city charter, and city ordinances.
17-33 (b) Sections 30.00009(c) and (d) do not apply to this
17-34 subchapter.
17-35 SECTION 62. Section 30.00637(a), Government Code, is amended
17-36 to read as follows:
17-37 (a) [The city shall provide a court reporter for the purpose
17-38 of preserving a record in cases tried before the municipal court of
17-39 record.] The clerk of the court shall appoint the court reporter
17-40 under Section 30.00010[, who must meet the qualifications provided
17-41 by law for official court reporters. The reporter shall be
17-42 compensated by the city in the manner determined by the governing
17-43 body of the city].
17-44 SECTION 63. Section 30.00671, Government Code, is amended to
17-45 read as follows:
17-46 Sec. 30.00671. APPLICATION; DEFINITION. (a) This
17-47 subchapter applies to the City of Houston.
17-48 (b) In this subchapter, "appellate courts" means the county
17-49 criminal courts of Harris County that have criminal appellate
17-50 jurisdiction.
17-51 SECTION 64. Section 30.00674, Government Code, is amended by
17-52 adding Subsection (i) to read as follows:
17-53 (i) Section 30.00007(b)(5) does not apply to this
17-54 subchapter.
17-55 SECTION 65. Section 30.00675, Government Code, is amended by
17-56 adding Subsection (c) to read as follows:
17-57 (c) Section 30.00009(c) does not apply to this subchapter.
17-58 SECTION 66. Section 30.00676, Government Code, is amended to
17-59 read as follows:
17-60 Sec. 30.00676. COURT REPORTER. (a) Each municipal judge
17-61 may appoint an official court reporter under Section 30.00010 to
17-62 transcribe the trial proceedings, including testimony, voir dire
17-63 examinations, objections, and final arguments.
17-64 (b) Section 30.00010(d) does not apply to this subchapter.
17-65 [If the defendant or the state requests a court reporter prior to
17-66 trial, the judge shall appoint an official court reporter. The
17-67 reporter is entitled to receive a salary set by the governing
17-68 body.]
17-69 SECTION 67. Section 30.00701, Government Code, is amended to
18-1 read as follows:
18-2 Sec. 30.00701. APPLICATION; DEFINITION. (a) This
18-3 subchapter applies to the City of Marshall.
18-4 (b) In this subchapter, "appellate courts" means the County
18-5 Court of Harrison County.
18-6 SECTION 68. Section 30.00704, Government Code, is amended by
18-7 amending Subsection (b) and adding Subsection (f) to read as
18-8 follows:
18-9 (b) In addition to exercising powers under Section
18-10 30.00006(e), a municipal [A municipal judge must be a licensed
18-11 attorney in good standing in this state. The judge must be a
18-12 citizen of the United States and of this state but need not be a
18-13 resident of the city. The] judge shall devote as much time to the
18-14 office as it requires.
18-15 (f) Section 30.00007(b)(5) does not apply to this
18-16 subchapter.
18-17 SECTION 69. Section 30.00706, Government Code, is amended by
18-18 amending Subsection (a) and adding Subsection (c) to read as
18-19 follows:
18-20 (a) [The city shall provide a court reporter for the purpose
18-21 of preserving a record in cases tried before the municipal court of
18-22 record.] The municipal judge shall appoint the court reporter
18-23 under Section 30.00010[, who must meet the qualifications provided
18-24 by law for official court reporters. The governing body of the
18-25 city shall set the compensation of the court reporter].
18-26 (c) Section 30.00010(d) does not apply to this subchapter.
18-27 SECTION 70. Section 30.00731(b), Government Code, is amended
18-28 to read as follows:
18-29 (b) In this subchapter, "appellate courts" means the county
18-30 courts at law of Travis County that have criminal appellate
18-31 jurisdiction.
18-32 SECTION 71. Section 30.00734, Government Code, is amended by
18-33 amending Subsection (g) and adding Subsection (i) to read as
18-34 follows:
18-35 (g) In addition to satisfying the requirements of Section
18-36 30.00006(c), a [A] municipal judge must [be a licensed attorney in
18-37 good standing, must have practiced law in this state for two years,
18-38 must be a citizen of the United States, and must] have been a
18-39 resident of the city for the two-year period immediately preceding
18-40 appointment. [A person may not serve as a municipal judge while
18-41 the person holds other office or employment with the city
18-42 government. A municipal judge who takes such an office or
18-43 employment vacates the judicial office.]
18-44 (i) Section 30.00007(b)(5) does not apply to this
18-45 subchapter.
18-46 SECTION 72. Section 30.00737, Government Code, is amended by
18-47 adding Subsection (d) to read as follows:
18-48 (d) Section 30.00010(d) does not apply to this subchapter.
18-49 SECTION 73. Section 30.00771, Government Code, is amended to
18-50 read as follows:
18-51 Sec. 30.00771. APPLICATION; DEFINITION. (a) This
18-52 subchapter applies to the City of Odessa.
18-53 (b) In this subchapter, "appellate courts" means the county
18-54 courts at law of Ector County that have criminal appellate
18-55 jurisdiction.
18-56 SECTION 74. Section 30.00774, Government Code, is amended by
18-57 adding Subsection (f) to read as follows:
18-58 (f) Section 30.00007(b)(5) does not apply to this
18-59 subchapter.
18-60 SECTION 75. Section 30.00779, Government Code, is amended by
18-61 adding Subsection (f) to read as follows:
18-62 (f) Section 30.00010(d) does not apply to this subchapter.
18-63 SECTION 76. Section 30.00811, Government Code, is amended to
18-64 read as follows:
18-65 Sec. 30.00811. APPLICATION; DEFINITION. (a) This
18-66 subchapter applies to the City of Dallas.
18-67 (b) In this subchapter, "appellate courts" means the county
18-68 criminal courts of Dallas County that have criminal appellate
18-69 jurisdiction.
19-1 SECTION 77. Section 30.00814, Government Code, is amended by
19-2 amending Subsection (d) and adding Subsection (g) to read as
19-3 follows:
19-4 (d) In addition to performing duties under Sections
19-5 30.00007(b)(1) and (4), the [The] administrative municipal judge
19-6 shall[:]
19-7 [(1) provide for the distribution of cases among the
19-8 individual municipal judges to equalize the distribution of
19-9 business in the courts;]
19-10 [(2) assign municipal judges to exchange benches and
19-11 to sit and act for each other in a proceeding pending in a court if
19-12 necessary for the expeditious disposition of business in the
19-13 courts; and]
19-14 [(3)] promulgate work rules for the administration of
19-15 the municipal courts.
19-16 (g) Sections 30.00007(b)(2), (3), and (5) do not apply to
19-17 this subchapter.
19-18 SECTION 78. Section 30.00851, Government Code, is amended to
19-19 read as follows:
19-20 Sec. 30.00851. APPLICATION; DEFINITION. (a) This
19-21 subchapter applies to the City of Arlington.
19-22 (b) In this subchapter, "appellate courts" means the county
19-23 criminal courts of Tarrant County that have criminal appellate
19-24 jurisdiction.
19-25 SECTION 79. Section 30.00854, Government Code, is amended by
19-26 amending Subsection (d) and adding Subsection (k) to read as
19-27 follows:
19-28 (d) In addition to satisfying the requirements of Section
19-29 30.00006(c), a [A] municipal judge [must be a licensed attorney in
19-30 good standing in this state and must have two or more years of
19-31 experience in the practice of law in this state. The judge must be
19-32 a citizen of the United States and of this state. The judge] shall
19-33 devote as much time to the office as it requires.
19-34 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
19-35 to this subchapter.
19-36 SECTION 80. Section 30.00855, Government Code, is amended to
19-37 read as follows:
19-38 Sec. 30.00855. CLERK; OTHER PERSONNEL. (a) The city
19-39 manager of the city shall appoint a clerk of the municipal court of
19-40 record who may hire, direct, and remove the personnel authorized in
19-41 the city's annual budget for the clerk's office. [The clerk or the
19-42 clerk's deputies shall keep the records of the municipal courts of
19-43 record, issue process, and generally perform the duties for the
19-44 courts that a clerk of the county court exercising criminal
19-45 jurisdiction is required by law to perform for that court.] The
19-46 clerk shall perform the duties in accordance with statutes, the
19-47 city charter, and city ordinances.
19-48 (b) Sections 30.00009(c) and (d) do not apply to this
19-49 subchapter.
19-50 SECTION 81. Section 30.00856(a), Government Code, is amended
19-51 to read as follows:
19-52 (a) [The city shall provide a court reporter for the purpose
19-53 of preserving a record in cases tried before the municipal court of
19-54 record.] The clerk of the court shall appoint the court reporter
19-55 under Section 30.00010[, who must meet the qualifications provided
19-56 by law for official court reporters. The reporter shall be
19-57 compensated by the city in the manner determined by the governing
19-58 body of the city].
19-59 SECTION 82. Section 30.00891, Government Code, is amended to
19-60 read as follows:
19-61 Sec. 30.00891. APPLICATION; DEFINITION. (a) This
19-62 subchapter applies to the City of Garland.
19-63 (b) In this subchapter, "appellate courts" means the county
19-64 criminal courts of Dallas County that have criminal appellate
19-65 jurisdiction.
19-66 SECTION 83. Section 30.00894, Government Code, is amended by
19-67 adding Subsection (g) to read as follows:
19-68 (g) Section 30.00007(b)(5) does not apply to this
19-69 subchapter.
20-1 SECTION 84. Section 30.00895, Government Code, is amended to
20-2 read as follows:
20-3 Sec. 30.00895. CLERK. (a) The city manager, with the
20-4 consent of the governing body of the city, shall appoint a clerk of
20-5 the municipal courts of record who may hire, direct, and remove the
20-6 personnel authorized in the city's annual budget for the clerk's
20-7 office. [The clerk or the clerk's deputies shall keep the records
20-8 of the municipal courts of record, issue process, and generally
20-9 perform the duties for the courts that a clerk of a county court
20-10 exercising criminal jurisdiction is required by law to perform for
20-11 that court.] The clerk shall perform the duties in accordance with
20-12 statutes, the city charter, and city ordinances.
20-13 (b) Sections 30.00009(c) and (d) do not apply to this
20-14 subchapter.
20-15 SECTION 85. Section 30.00896(a), Government Code, is amended
20-16 to read as follows:
20-17 (a) [For the purpose of preserving a record in all cases
20-18 tried and proceedings held before the municipal courts, the city
20-19 shall provide an official court reporter.] The official court
20-20 reporter shall be appointed by the chief judge under Section
20-21 30.00010 [and must have the qualifications required by general law
20-22 for official court reporters. The court reporter shall be
20-23 compensated in the manner determined by the governing body of the
20-24 city].
20-25 SECTION 86. Section 30.00931, Government Code, is amended to
20-26 read as follows:
20-27 Sec. 30.00931. APPLICATION; DEFINITION. (a) This
20-28 subchapter applies to the City of Amarillo.
20-29 (b) In this subchapter, "appellate courts" means the county
20-30 courts at law in Potter and Randall counties.
20-31 SECTION 87. Section 30.00934, Government Code, is amended by
20-32 amending Subsections (a) and (e) and adding Subsection (f) to read
20-33 as follows:
20-34 (a) A municipal [court of record is presided over by a
20-35 municipal judge who must be a licensed attorney in good standing in
20-36 this state and a citizen of the United States and of this state.
20-37 The] judge need not be a resident of the city at the time of
20-38 appointment but must, in addition to satisfying the requirements of
20-39 Section 30.00006(c), maintain residence in the city during the term
20-40 of office. The judge shall devote full time to the duties of that
20-41 office and may not engage in the private practice of law while in
20-42 office.
20-43 (e) The governing body of the city shall appoint a judge to
20-44 be the presiding municipal judge who shall, in addition to
20-45 performing duties under Sections 30.00007(b)(1), (3), and (4),[:]
20-46 [(1) maintain a central docket for all cases filed in
20-47 the municipal courts;]
20-48 [(2)] assign cases among the judges[;]
20-49 [(3) request the jurors necessary for cases that are
20-50 set for trial by jury; and]
20-51 [(4) temporarily assign judges or relief judges to act
20-52 for each other in a proceeding pending in a court if necessary for
20-53 the expeditious disposition of business in the courts].
20-54 (f) Sections 30.00007(b)(2) and (5) do not apply to this
20-55 subchapter.
20-56 SECTION 88. Section 30.00939, Government Code, is amended by
20-57 adding Subsection (d) to read as follows:
20-58 (d) Section 30.00010(d) does not apply to this subchapter.
20-59 SECTION 89. Section 30.00971, Government Code, is amended to
20-60 read as follows:
20-61 Sec. 30.00971. APPLICATION; DEFINITION. (a) This
20-62 subchapter applies to the town of Addison.
20-63 (b) In this subchapter, "appellate courts" means the county
20-64 criminal courts of Dallas County that have criminal appellate
20-65 jurisdiction.
20-66 SECTION 90. Section 30.00976, Government Code, is amended by
20-67 adding Subsection (e) to read as follows:
20-68 (e) Section 30.00007(b)(5) does not apply to this
20-69 subchapter.
21-1 SECTION 91. Section 30.00977, Government Code, is amended to
21-2 read as follows:
21-3 Sec. 30.00977. CLERK. The city manager, with the consent of
21-4 the governing body of the city, shall appoint a clerk of the
21-5 municipal courts of record who may hire, direct, and remove the
21-6 personnel authorized in the city's annual budget for the clerk's
21-7 office. [The clerk or the clerk's deputies shall keep the records
21-8 of the municipal courts of record, issue process, and generally
21-9 perform the duties for the courts that a clerk of the county court
21-10 exercising criminal jurisdiction is required by law to perform for
21-11 that court.] The clerk shall perform the duties in accordance with
21-12 statutes, the city charter, and city ordinances.
21-13 SECTION 92. Section 30.00978(a), Government Code, is amended
21-14 to read as follows:
21-15 (a) [The city shall provide a court reporter for the purpose
21-16 of preserving a record in cases tried before the municipal court of
21-17 record.] The clerk of the court shall appoint the court reporter
21-18 under Section 30.00010[, who must meet the qualifications provided
21-19 by law for official court reporters. The reporter shall be
21-20 compensated by the city in the manner determined by the governing
21-21 body of the city].
21-22 SECTION 93. Section 30.01011, Government Code, is amended to
21-23 read as follows:
21-24 Sec. 30.01011. APPLICATION; DEFINITION. (a) This
21-25 subchapter applies to the city of Grapevine.
21-26 (b) In this subchapter, "appellate courts" means the county
21-27 criminal courts of Tarrant County that have criminal appellate
21-28 jurisdiction.
21-29 SECTION 94. Section 30.01014, Government Code, is amended by
21-30 amending Subsections (d) and (j) and adding Subsection (k) to read
21-31 as follows:
21-32 (d) In addition to satisfying the requirements of Section
21-33 30.00006(c), a municipal [A municipal judge must be a licensed
21-34 attorney in good standing in this state and must have two or more
21-35 years of experience in the practice of law in this state. The
21-36 judge must be a citizen of the United States and of this state.
21-37 The] judge must maintain residence in the city during the tenure of
21-38 office and must be a resident of the city at the time of
21-39 appointment or election. The judge shall devote as much time to
21-40 the office as it requires.
21-41 (j) [A majority of the governing body may appoint one or
21-42 more qualified persons to be available to serve for a municipal
21-43 judge who is temporarily absent due to illness, family death,
21-44 continuing legal or judicial education programs, or for any other
21-45 reason. The chief judge, or the municipal judge if there is no
21-46 chief judge, shall select one of the persons appointed by the
21-47 governing body to serve during an absence. An alternate judge,
21-48 while serving, has all the powers and shall discharge all the
21-49 duties of a municipal judge.] An alternate judge must have the
21-50 same qualifications as a municipal judge, except that an alternate
21-51 judge may, but need not be, a resident of the city.
21-52 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
21-53 to this subchapter.
21-54 SECTION 95. Section 30.01015, Government Code, is amended to
21-55 read as follows:
21-56 Sec. 30.01015. CLERK; OTHER PERSONNEL. (a) The city
21-57 manager of the city shall appoint a clerk of the municipal courts
21-58 of record who may hire, direct, and remove the personnel authorized
21-59 in the city's annual budget for the clerk's office. [The clerk or
21-60 the clerk's deputies shall keep the records of the municipal courts
21-61 of record, issue process, and generally perform the duties for the
21-62 courts that a clerk of the county court exercising criminal
21-63 jurisdiction is required by law to perform for that court.] The
21-64 clerk shall perform the duties in accordance with statutes, the
21-65 city charter, and city ordinances.
21-66 (b) Sections 30.00009(c) and (d) do not apply to this
21-67 subchapter.
21-68 SECTION 96. Section 30.01016(a), Government Code, is amended
21-69 to read as follows:
22-1 (a) [The city shall provide a court reporter for the purpose
22-2 of preserving a record in cases tried before the municipal court of
22-3 record.] The clerk of the court shall appoint the court reporter
22-4 under Section 30.00010[, who must meet the qualifications provided
22-5 by law for official court reporters. The reporter shall be
22-6 compensated by the city in the manner determined by the governing
22-7 body of the city].
22-8 SECTION 97. Section 30.01051, Government Code, is amended to
22-9 read as follows:
22-10 Sec. 30.01051. APPLICATION; DEFINITION. (a) This
22-11 subchapter applies to the City of Hurst.
22-12 (b) In this subchapter, "appellate courts" means the county
22-13 criminal courts of Tarrant County that have criminal appellate
22-14 jurisdiction.
22-15 SECTION 98. Section 30.01054, Government Code, is amended by
22-16 amending Subsection (d) and adding Subsection (k) to read as
22-17 follows:
22-18 (d) In addition to exercising powers under Section
22-19 30.00006(e), a municipal [A municipal judge must be a licensed
22-20 attorney in good standing in this state and must have two or more
22-21 years of experience in the practice of law in this state. The
22-22 judge must be a citizen of the United States and of this state.
22-23 The] judge shall devote as much time to the office as it requires.
22-24 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
22-25 to this subchapter.
22-26 SECTION 99. Section 30.01055, Government Code, is amended to
22-27 read as follows:
22-28 Sec. 30.01055. CLERK; OTHER PERSONNEL. (a) The city manager
22-29 of the city shall appoint a clerk of the municipal court of record
22-30 who may hire, direct, and remove the personnel authorized in the
22-31 city's annual budget for the clerk's office. [The clerk or the
22-32 clerk's deputies shall keep the records of the municipal courts of
22-33 record, issue process, and generally perform the duties for the
22-34 courts that a clerk of the county court exercising criminal
22-35 jurisdiction is required by law to perform for that court.] The
22-36 clerk shall perform the duties in accordance with statutes, the
22-37 city charter, and city ordinances.
22-38 (b) Sections 30.00009(c) and (d) do not apply to this
22-39 subchapter.
22-40 SECTION 100. Section 30.01056(a), Government Code, is
22-41 amended to read as follows:
22-42 (a) [The city shall provide a court reporter for the purpose
22-43 of preserving a record in cases tried before the municipal court of
22-44 record.] The presiding judge [clerk of the court] shall appoint
22-45 the court reporter under Section 30.00010 [who must meet the
22-46 qualifications provided by law for official court reporters. The
22-47 reporter shall be compensated by the city in the manner determined
22-48 by the governing body of the city].
22-49 SECTION 101. Section 30.01091, Government Code, is amended
22-50 to read as follows:
22-51 Sec. 30.01091. APPLICATION; DEFINITION. (a) This subchapter
22-52 applies to the City of Carrollton.
22-53 (b) In this subchapter, "appellate courts" means the county
22-54 criminal courts of Dallas County that have criminal appellate
22-55 jurisdiction.
22-56 SECTION 102. Section 30.01096, Government Code, is amended
22-57 by amending Subsection (a) and adding Subsections (d) and (e) to
22-58 read as follows:
22-59 (a) In addition to satisfying the requirements of Section
22-60 30.00006(c), a presiding municipal judge must maintain residence in
22-61 the city during the tenure of office [A municipal court of record
22-62 is presided over by a municipal judge. The municipal judge must be
22-63 a licensed attorney in good standing in this state. The judge must
22-64 be a citizen of the United States and a resident of this state but
22-65 need not be a resident of the city]. The municipal judge shall
22-66 devote full time to the duties of the office as necessary.
22-67 (d) Section 30.00007(b)(5) does not apply to this
22-68 subchapter.
22-69 (e) A municipal court of record may be presided over by an
23-1 assistant municipal judge.
23-2 SECTION 103. Subchapter CC, Chapter 30, Government Code, is
23-3 amended by adding Section 30.010975 to read as follows:
23-4 Sec. 30.010975. AUTOMATIC RESIGNATION. If the municipal
23-5 judge or an assistant municipal judge announces a candidacy or
23-6 becomes a candidate in a general, special, or primary election,
23-7 for any office of profit or trust under the laws of the state or
23-8 the United States, the announcement or the candidacy constitutes an
23-9 automatic resignation of the appointment, effective the date of the
23-10 announcement or candidacy.
23-11 SECTION 104. Section 30.01098, Government Code, is amended
23-12 by amending Subsection (a) and adding Subsection (d) to read as
23-13 follows:
23-14 (a) The city manager shall appoint a clerk of the municipal
23-15 court of record who shall be known as the municipal court clerk.
23-16 The clerk may hire, direct, and remove the personnel authorized in
23-17 the city's annual budget for the clerk's office.
23-18 (d) Sections 30.00009(c) and (d) do not apply to this
23-19 subchapter.
23-20 SECTION 105. Section 30.01131, Government Code, is amended
23-21 to read as follows:
23-22 Sec. 30.01131. APPLICATION; DEFINITION. (a) This
23-23 subchapter applies to the City of White Settlement.
23-24 (b) In this subchapter, "appellate courts" means the county
23-25 criminal courts of Tarrant County that have criminal appellate
23-26 jurisdiction.
23-27 SECTION 106. Section 30.01134, Government Code, is amended
23-28 by amending Subsection (d) and adding Subsection (k) to read as
23-29 follows:
23-30 (d) In addition to exercising powers under Section
23-31 30.00006(e), a municipal [A municipal judge must be a licensed
23-32 attorney in good standing in this state and must have two or more
23-33 years of experience in the practice of law in this state. The
23-34 judge must be a citizen of the United States and of this state.
23-35 The] judge shall devote as much time to the office as it requires.
23-36 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
23-37 to this subchapter.
23-38 SECTION 107. Section 30.01135, Government Code, is amended
23-39 to read as follows:
23-40 Sec. 30.01135. CLERK; OTHER PERSONNEL. (a) The city manager
23-41 of the city shall appoint a clerk of the municipal court of record
23-42 who may hire, direct, and remove the personnel authorized in the
23-43 city's annual budget for the clerk's office. [The clerk or the
23-44 clerk's deputies shall keep the records of the municipal courts of
23-45 record, issue process, and generally perform the duties for the
23-46 courts that a clerk of the county court exercising criminal
23-47 jurisdiction is required by law to perform for that court.] The
23-48 clerk shall perform the duties in accordance with statutes, the
23-49 city charter, and city ordinances.
23-50 (b) Sections 30.00009(c) and (d) do not apply to this
23-51 subchapter.
23-52 SECTION 108. Section 30.01136(a), Government Code, is
23-53 amended to read as follows:
23-54 (a) [The city shall provide a court reporter for the purpose
23-55 of preserving a record in cases tried before the municipal court of
23-56 record.] The presiding judge [clerk of the court] shall appoint
23-57 the court reporter under Section 30.00010[, who must meet the
23-58 qualifications provided by law for official court reporters. The
23-59 reporter shall be compensated by the city in the manner determined
23-60 by the governing body of the city].
23-61 SECTION 109. Section 30.01171, Government Code, is amended
23-62 to read as follows:
23-63 Sec. 30.01171. APPLICATION; DEFINITION. (a) This
23-64 subchapter applies to the City of Euless.
23-65 (b) In this subchapter, "appellate courts" means the county
23-66 criminal courts of Tarrant County that have criminal appellate
23-67 jurisdiction.
23-68 SECTION 110. Section 30.01174, Government Code, is amended
23-69 by amending Subsection (d) and adding Subsection (k) to read as
24-1 follows:
24-2 (d) In addition to exercising powers under Section
24-3 30.00006(e), a municipal [A municipal judge must be a licensed
24-4 attorney in good standing in this state and must have two or more
24-5 years of experience in the practice of law in this state. The
24-6 judge must be a citizen of the United States and of this state.
24-7 The] judge shall devote as much time to the office as it requires.
24-8 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
24-9 to this subchapter.
24-10 SECTION 111. Section 30.01175, Government Code, is amended
24-11 to read as follows:
24-12 Sec. 30.01175. CLERK; OTHER PERSONNEL. (a) The city manager
24-13 of the city shall appoint a clerk of the municipal court of record
24-14 who may hire, direct, and remove the personnel authorized in the
24-15 city's annual budget for the clerk's office. [The clerk or the
24-16 clerk's deputies shall keep the records of the municipal courts of
24-17 record, issue process, and generally perform the duties for the
24-18 courts that a clerk of the county court exercising criminal
24-19 jurisdiction is required by law to perform for that court.] The
24-20 clerk shall perform the duties in accordance with statutes, the
24-21 city charter, and city ordinances.
24-22 (b) Sections 30.00009(c) and (d) do not apply to this
24-23 subchapter.
24-24 SECTION 112. Section 30.01176(a), Government Code, is
24-25 amended to read as follows:
24-26 (a) [The city shall provide a court reporter for the purpose
24-27 of preserving a record in cases tried before the municipal court of
24-28 record.] The presiding judge [clerk of the court] shall appoint
24-29 the court reporter under Section 30.00010 [who must meet the
24-30 qualifications provided by law for official court reporters. The
24-31 reporter shall be compensated by the city in the manner determined
24-32 by the governing body of the city].
24-33 SECTION 113. Section 30.01211, Government Code, is amended
24-34 to read as follows:
24-35 Sec. 30.01211. APPLICATION; DEFINITION. (a) This subchapter
24-36 applies to the city of Denton.
24-37 (b) In this subchapter, "appellate courts" means the county
24-38 courts at law of Denton County that have criminal appellate
24-39 jurisdiction.
24-40 SECTION 114. Section 30.01216, Government Code, is amended
24-41 by amending Subsection (a) and adding Subsection (d) to read as
24-42 follows:
24-43 (a) [A municipal court of record is presided over by a
24-44 municipal judge. The municipal judge must be a licensed attorney
24-45 in good standing in this state. The judge must be a citizen of the
24-46 United States and resident of this state but need not be a resident
24-47 of the city.] The municipal judge shall devote full time to the
24-48 duties of the office as necessary.
24-49 (d) Section 30.00007 does not apply to this subchapter.
24-50 SECTION 115. Section 30.01218, Government Code, is amended
24-51 by adding Subsection (d) to read as follows:
24-52 (d) Section 30.00009(c) does not apply to this subchapter.
24-53 SECTION 116. Section 30.01219(a), Government Code, is
24-54 amended to read as follows:
24-55 (a) [The city shall provide a court reporter for the purpose
24-56 of preserving a record in cases tried before the municipal court of
24-57 record.] The presiding judge [clerk of the court] shall appoint
24-58 the court reporter under Section 30.00010[, who must meet the
24-59 qualifications provided by law for official court reporters].
24-60 SECTION 117. Section 30.01251, Government Code, is amended
24-61 to read as follows:
24-62 Sec. 30.01251. APPLICATION; DEFINITION. (a) This subchapter
24-63 applies to the City of Lake Worth.
24-64 (b) In this subchapter, "appellate courts" means the county
24-65 criminal courts of Tarrant County that have criminal appellate
24-66 jurisdiction.
24-67 SECTION 118. Section 30.01254, Government Code, is amended
24-68 by amending Subsection (d) and adding Subsection (k) to read as
24-69 follows:
25-1 (d) In addition to exercising powers under Section
25-2 30.00006(e), a municipal [A municipal judge must be a licensed
25-3 attorney in good standing in this state and must have two or more
25-4 years of experience in the practice of law in this state. The
25-5 judge must be a citizen of the United States and of this state.
25-6 The] judge shall devote as much time to the office as it requires.
25-7 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
25-8 to this subchapter.
25-9 SECTION 119. Section 30.01256, Government Code, is amended
25-10 to read as follows:
25-11 Sec. 30.01256. CLERK; OTHER PERSONNEL. (a) The city
25-12 administrator of the city shall appoint a clerk of the municipal
25-13 court of record who may hire, direct, and remove the personnel
25-14 authorized in the city's annual budget for the clerk's office.
25-15 [The clerk or the clerk's deputies shall keep the records of the
25-16 municipal courts of record, issue process, and generally perform
25-17 the duties for the courts that a clerk of the county court
25-18 exercising criminal jurisdiction is required by law to perform for
25-19 that court.] The clerk shall perform the duties in accordance with
25-20 statutes, the city charter, and city ordinances.
25-21 (b) Sections 30.00009(c) and (d) do not apply to this
25-22 subchapter.
25-23 SECTION 120. Section 30.01257(a), Government Code, is
25-24 amended to read as follows:
25-25 (a) [The city shall provide a court reporter for the purpose
25-26 of preserving a record in cases tried before the municipal court of
25-27 record.] The presiding judge [clerk of the court] shall appoint the
25-28 court reporter under Section 30.00010[, who must meet the
25-29 qualifications provided by law for official court reporters. The
25-30 reporter shall be compensated by the city in the manner determined
25-31 by the governing body of the city].
25-32 SECTION 121. Section 30.01291, Government Code, is amended
25-33 to read as follows:
25-34 Sec. 30.01291. APPLICATION; DEFINITION. (a) This
25-35 subchapter applies to the City of Rowlett.
25-36 (b) In this subchapter, "appellate courts" means the county
25-37 criminal courts of Dallas County that have criminal appellate
25-38 jurisdiction.
25-39 SECTION 122. Section 30.01294, Government Code, is amended
25-40 by amending Subsection (d) and adding Subsection (k) to read as
25-41 follows:
25-42 (d) In addition to exercising powers under Section
25-43 30.00006(e), a municipal [A municipal judge must be a licensed
25-44 attorney in good standing in this state and must have two or more
25-45 years of experience in the practice of law in this state. The
25-46 judge must be a citizen of the United States and of this state.
25-47 The] judge shall devote as much time to the office as it requires.
25-48 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
25-49 to this subchapter.
25-50 SECTION 123. Section 30.01295, Government Code, is amended
25-51 to read as follows:
25-52 Sec. 30.01295. CLERK; OTHER PERSONNEL. (a) The city manager
25-53 of the city shall appoint a clerk of the municipal court of record
25-54 who may hire, direct, and remove the personnel authorized in the
25-55 city's annual budget for the clerk's office. [The clerk or the
25-56 clerk's deputies shall keep the records of the municipal courts of
25-57 record, issue process, and generally perform the duties for the
25-58 courts that a clerk of the county court exercising criminal
25-59 jurisdiction is required by law to perform for that court.] The
25-60 clerk shall perform the duties in accordance with statutes, the
25-61 city charter, and city ordinances.
25-62 (b) Sections 30.00009(c) and (d) do not apply to this
25-63 subchapter.
25-64 SECTION 124. Sections 30.01296(b) and (c), Government Code,
25-65 are amended to read as follows:
25-66 (b) A municipal court of record is not required to record
25-67 testimony in a case unless the judge or one of the parties requests
25-68 a record. [A party's request for a record must be in writing and
25-69 be filed with the court at least three days before trial.]
26-1 (c) The recording shall be kept and stored for a 20-day
26-2 period beginning the day after the last day of the proceeding,
26-3 trial, or denial of motion for new trial, whichever occurs last.
26-4 The proceedings that are appealed shall be transcribed from the
26-5 recording by an official [a] court reporter [provided by the city].
26-6 SECTION 125. Section 30.01321, Government Code, is amended
26-7 to read as follows:
26-8 Sec. 30.01321. APPLICATION; DEFINITION. (a) This subchapter
26-9 applies to the City of Lewisville.
26-10 (b) In this subchapter, "appellate courts" means the county
26-11 courts at law of Denton County that have criminal appellate
26-12 jurisdiction.
26-13 SECTION 126. Section 30.01326, Government Code, is amended
26-14 by amending Subsection (d) and adding Subsection (g) to read as
26-15 follows:
26-16 (d) In addition to exercising powers under Section
26-17 30.00006(e), a municipal [A municipal judge must be a licensed
26-18 attorney in good standing in this state and must have two or more
26-19 years of experience in the practice of law in this state. The
26-20 judge must be a citizen of the United States and of this state.
26-21 The] judge shall devote as much time to the office as it requires.
26-22 (g) Section 30.00007(b)(5) does not apply to this
26-23 subchapter.
26-24 SECTION 127. Section 30.01329(a), Government Code, is
26-25 amended to read as follows:
26-26 (a) [The city shall provide a court reporter for the purpose
26-27 of preserving a record in cases tried before the municipal court of
26-28 record.] The clerk of the court shall appoint the court reporter
26-29 under Section 30.00010[, who must meet the qualifications provided
26-30 by law for official court reporters. The reporter shall be
26-31 compensated by the city in the manner determined by the governing
26-32 body of the city].
26-33 SECTION 128. Section 30.01371, Government Code, is amended
26-34 to read as follows:
26-35 Sec. 30.01371. APPLICATION; DEFINITION. (a) This
26-36 subchapter applies to the City of Dalworthington Gardens.
26-37 (b) In this subchapter, "appellate courts" means the county
26-38 criminal courts of Tarrant County that have criminal appellate
26-39 jurisdiction.
26-40 SECTION 129. Section 30.01374, Government Code, is amended
26-41 by amending Subsection (d) and adding Subsection (k) to read as
26-42 follows:
26-43 (d) In addition to exercising powers under Section
26-44 30.00006(e), a municipal [A municipal judge must be a licensed
26-45 attorney in good standing in this state and must have two or more
26-46 years of experience in the practice of law in this state. The
26-47 judge must be a citizen of the United States and of this state.
26-48 The] judge shall devote as much time to the office as it requires.
26-49 (k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
26-50 to this subchapter.
26-51 SECTION 130. Section 30.01376(a), Government Code, is
26-52 amended to read as follows:
26-53 (a) [The city shall provide a court reporter for the purpose
26-54 of preserving a record in cases tried before the municipal court of
26-55 record.] The clerk of the court shall appoint the court reporter
26-56 under Section 30.00010 [, who must meet the qualifications provided
26-57 by law for official court reporters. The reporter shall be
26-58 compensated by the city in the manner determined by the governing
26-59 body of the city].
26-60 SECTION 131. Section 30.01401, Government Code, is amended
26-61 to read as follows:
26-62 Sec. 30.01401. APPLICATION; DEFINITION. (a) This
26-63 subchapter applies to the City of Richardson.
26-64 (b) In this subchapter, "appellate courts" means the county
26-65 criminal courts of Dallas County that have criminal appellate
26-66 jurisdiction.
26-67 SECTION 132. Section 30.01406, Government Code, is amended
26-68 by adding Subsection (d) to read as follows:
26-69 (d) Section 30.00007 does not apply to this subchapter.
27-1 SECTION 133. Section 30.01441, Government Code, is amended
27-2 to read as follows:
27-3 Sec. 30.01441. APPLICATION; DEFINITION. (a) This
27-4 subchapter applies to the City of Coppell.
27-5 (b) In this subchapter, "appellate courts" means the county
27-6 criminal courts of Dallas County that have criminal appellate
27-7 jurisdiction.
27-8 SECTION 134. Section 30.01446, Government Code, is amended
27-9 by adding Subsection (f) to read as follows:
27-10 (f) Section 30.00007 does not apply to this subchapter.
27-11 SECTION 135. Chapter 30, Government Code, is amended by
27-12 adding Subchapters NN-RR to read as follows:
27-13 SUBCHAPTER NN. TYLER
27-14 Sec. 30.01511. APPLICATION. This subchapter applies to the
27-15 City of Tyler.
27-16 Sec. 30.01512. JUDGE. (a) A municipal court of record is
27-17 presided over by a municipal judge appointed to office by the city
27-18 manager in the manner provided by the city charter.
27-19 (b) If the city manager appoints more than one municipal
27-20 judge under Subsection (a), the city manager shall appoint one of
27-21 the municipal judges as the presiding municipal judge.
27-22 (c) A municipal judge is entitled to a salary from the city
27-23 the amount of which is determined by the city manager. A municipal
27-24 judge's salary may not be diminished during the judge's term of
27-25 office. A municipal judge's salary may not be based directly or
27-26 indirectly on fines, fees, or costs collected by the court.
27-27 Sec. 30.01513. CLERK; OTHER PERSONNEL. The city manager
27-28 shall provide a clerk of the municipal courts of record. The city
27-29 manager shall provide deputy clerks, warrant officers, and other
27-30 personnel as needed for the proper operation of the municipal
27-31 courts of record. The clerk and other court personnel shall
27-32 perform their duties under the direction and control of the city
27-33 manager.
27-34 Sec. 30.01514. COURT REPORTER. The municipal court clerk
27-35 shall appoint the court reporter.
27-36 Sec. 30.01515. APPEAL. The County Court of Smith County has
27-37 jurisdiction over an appeal.
27-38 SUBCHAPTER OO. SANSOM PARK
27-39 Sec. 30.01541. APPLICATION. This subchapter applies to the
27-40 City of Sansom Park.
27-41 Sec. 30.01542. MAGISTRATES. (a) The governing body may
27-42 appoint one or more magistrates in addition to magistrates provided
27-43 under Article 2.09, Code of Criminal Procedure.
27-44 (b) A magistrate does not have to possess all the
27-45 qualifications necessary to be a municipal court of record judge.
27-46 (c) A magistrate may not preside over the court or hear
27-47 contested cases.
27-48 (d) A magistrate may:
27-49 (1) conduct an arraignment;
27-50 (2) hold an indigency hearing;
27-51 (3) accept a plea;
27-52 (4) sign a judgment;
27-53 (5) set the amount of a bond; and
27-54 (6) perform other functions under Article 15.17, Code
27-55 of Criminal Procedure.
27-56 Sec. 30.01543. CLERK; OTHER PERSONNEL. The city
27-57 administrator of the city shall appoint a clerk of the municipal
27-58 court of record who may hire, direct, and remove the personnel
27-59 authorized in the city's annual budget for the clerk's office.
27-60 Sec. 30.01544. COURT REPORTER. The clerk of the court shall
27-61 appoint the court reporter.
27-62 Sec. 30.01545. APPEAL. The county criminal courts of
27-63 Tarrant County have jurisdiction over an appeal.
27-64 Sec. 30.01546. JOINT COURTS: CREATION. (a) The governing
27-65 body of the city may contract with one or more municipalities that
27-66 have municipal courts of record to establish a joint municipal
27-67 court of record to serve the contracting municipalities.
27-68 (b) A joint municipal court of record created under this
27-69 section replaces each municipality's individual municipal court of
28-1 record.
28-2 Sec. 30.01547. JOINT COURT: JUDGES. (a) Notwithstanding
28-3 any other law, a joint municipal court of record created under
28-4 Section 30.01546 is presided over by a municipal judge or alternate
28-5 municipal judge who is appointed by a majority vote of each of the
28-6 governing bodies of the contracting municipalities for a two-year
28-7 term.
28-8 (b) The judge of a joint municipal court of record may be
28-9 removed from office as provided by Section 30.000085 by the
28-10 governing bodies of the contracting municipalities at any time for
28-11 incompetency, misconduct, malfeasance, or inability to perform the
28-12 tasks of the office.
28-13 Sec. 30.01548. JOINT COURTS: JURISDICTION. (a) The
28-14 jurisdiction of a joint municipal court of record created under
28-15 Section 30.01546 is the combined jurisdiction of the municipal
28-16 courts of the contracting municipalities.
28-17 (b) An appeal from a joint municipal court of record created
28-18 under Section 30.01546 is to the county criminal court of the
28-19 county in which the offense occurred. If that county does not have
28-20 a county criminal court, appeal is to the county court of law of
28-21 the county.
28-22 Sec. 30.01549. JOINT COURT: PROSECUTING ATTORNEY. A
28-23 municipality that contracts under Section 30.01546 may provide its
28-24 own prosecuting attorney or the contracting municipalities may
28-25 agree on the selection of one or more prosecuting attorneys.
28-26 Sec. 30.01550. JOINT COURT: APPLICABLE LAW. (a) The
28-27 municipalities by contract shall select one of the contracting
28-28 municipality's enabling statutes as the source of applicable
28-29 procedural requirements for the operation of the joint municipal
28-30 court of record established under Section 30.01546.
28-31 (b) All of the provisions of the statute selected under
28-32 Subsection (a) apply to the operation of the joint municipal court
28-33 of record. If there is a conflict with any of the provisions in
28-34 Sections 30.01546-30.01549, those sections control.
28-35 (c) Any matter that is not governed by the contracting
28-36 municipalities' enabling legislation or other law shall be resolved
28-37 by the contract entered into under Section 30.01546.
28-38 SUBCHAPTER PP. FARMERS BRANCH
28-39 Sec. 30.01591. APPLICATION. This subchapter applies to the
28-40 City of Farmers Branch.
28-41 Sec. 30.01592. CREATION. On creation of the initial
28-42 municipal court of record, the governing body of the city shall
28-43 determine the method of selecting the judge of a municipal court of
28-44 record by:
28-45 (1) adopting an ordinance that provides for the
28-46 appointment of a municipal judge by the governing body of the city;
28-47 (2) adopting an ordinance that provides for the
28-48 election of a municipal judge by the qualified voters of the city;
28-49 or
28-50 (3) ordering an election in which the qualified voters
28-51 of the city determine whether a municipal judge is appointed by the
28-52 governing body of the city or elected.
28-53 Sec. 30.01593. CLERK; OTHER PERSONNEL. (a) The city
28-54 manager shall appoint a clerk of the municipal court of record, who
28-55 shall be known as the municipal court clerk.
28-56 (b) The clerk may hire, direct, and remove the personnel
28-57 authorized in the city's annual budget for the clerk's office.
28-58 Sec. 30.01594. COURT REPORTER. The clerk of the court shall
28-59 appoint the court reporter.
28-60 Sec. 30.01595. APPEAL. The county criminal courts of appeal
28-61 of Dallas County have jurisdiction of appeals from the municipal
28-62 courts of record.
28-63 SUBCHAPTER QQ. HILL COUNTRY VILLAGE
28-64 Sec. 30.01631. APPLICATION. This subchapter applies to the
28-65 City of Hill Country Village.
28-66 Sec. 30.01632. CLERK; OTHER PERSONNEL. The city secretary
28-67 shall be, ex officio, the clerk of the municipal court of record
28-68 and may hire, direct, and remove the personnel authorized in the
28-69 city's annual budget for the clerk's office.
29-1 Sec. 30.01633. COURT REPORTER. The clerk of the court shall
29-2 appoint the court reporter.
29-3 Sec. 30.01634. APPEAL. The county courts at law of Bexar
29-4 County have jurisdiction over an appeal.
29-5 SUBCHAPTER RR. RIO BRAVO
29-6 Sec. 30.01691. APPLICATION. This subchapter applies to the
29-7 City of Rio Bravo.
29-8 Sec. 30.01692. CLERK; OTHER PERSONNEL. The city manager or
29-9 city administrator of the city shall appoint a clerk of the
29-10 municipal court of record who may hire, direct, and remove the
29-11 personnel authorized in the city's annual budget for the clerk's
29-12 office.
29-13 Sec. 30.01693. COURT REPORTER. The clerk of the court shall
29-14 appoint the court reporter.
29-15 Sec. 30.01694. APPEAL. The county courts at law of Webb
29-16 County have jurisdiction over an appeal.
29-17 SECTION 136. Chapter 30, Government Code, is amended by
29-18 adding Subchapter SS to read as follows:
29-19 SUBCHAPTER SS. LIVE OAK
29-20 Sec. 30.01721. APPLICATION. This subchapter applies to the
29-21 City of Live Oak.
29-22 Sec. 30.01722. CLERK; OTHER PERSONNEL. The city secretary
29-23 shall be, ex officio, the clerk of the municipal court of record
29-24 and may hire, direct, and remove the personnel authorized in the
29-25 city's annual budget for the clerk's office.
29-26 Sec. 30.01723. COURT REPORTER. The clerk of the court shall
29-27 appoint the court reporter.
29-28 Sec. 30.01724. APPEAL. The county courts at law of Bexar
29-29 County have jurisdiction over an appeal.
29-30 SECTION 137. Chapter 30, Government Code, is amended by
29-31 adding Subchapter TT to read as follows:
29-32 SUBCHAPTER TT. FLOWER MOUND
29-33 Sec. 30.01751. APPLICATION. This subchapter applies to the
29-34 Town of Flower Mound.
29-35 Sec. 30.01752. COURT REPORTER. The municipal court clerk
29-36 shall appoint the court reporter. The town manager shall set the
29-37 compensation of the court reporter.
29-38 Sec. 30.01753. APPEAL. The appropriate county court of
29-39 Denton County having jurisdiction over appeals from municipal
29-40 courts shall have jurisdiction over any appeal.
29-41 SECTION 138. The following sections of the Government Code
29-42 are repealed:
29-43 (1) 30.00042, 30.00043, 30.00044(a), (d)-(i), and (k),
29-44 30.00045, 30.00046(a) and (b), and 30.00047-30.00062;
29-45 (2) 30.00082, 30.00083, 30.00084(a)-(g) and (i),
29-46 30.00086(b)-(d), and 30.00087-30.00101;
29-47 (3) 30.00124-30.00127, 30.00128(a), (c), (d), (h), and
29-48 (i), 30.00131-30.00135, 30.00148-30.00161, and 30.00163;
29-49 (4) 30.00182, 30.00183, 30.00184(a)-(j),
29-50 30.00186(b)-(d), and 30.00187-30.00201;
29-51 (5) 30.00222, 30.00223, 30.00224(a), (b), and (d)-(j),
29-52 30.00225, and 30.00227-30.00242;
29-53 (6) 30.00262, 30.00263, 30.00264(a)-(j),
29-54 30.00267(b)-(d), and 30.00268-30.00282;
29-55 (7) 30.00302, 30.00303, 30.00304(a) and (c)-(h),
29-56 30.00307, 30.00309, and 30.00311-30.00322;
29-57 (8) 30.00342, 30.00343, 30.00344(a)-(j),
29-58 30.00346(b)-(d), and 30.00347-30.00361;
29-59 (9) 30.00382, 30.00383, 30.00384(a), (b), and (d)-(j),
29-60 30.00386, 30.00387, and 30.00389-30.00402;
29-61 (10) 30.00422-30.00425, 30.00426(a)-(j),
29-62 30.00428(b)-(d), and 30.00429-30.00444;
29-63 (11) 30.00462, 30.00463, 30.00464(a) and (c)-(e),
29-64 30.00465(a) and (c), 30.00466(b), and 30.00467-30.00476;
29-65 (12) 30.00492, 30.00493, 30.00494(a)-(j),
29-66 30.00496(b)-(d), and 30.00497-30.00511;
29-67 (13) 30.00532, 30.00533, 30.00534(a)-(e), 30.00535,
29-68 30.00536(b), and 30.00537-30.00547;
29-69 (14) 30.00562, 30.00563, 30.00564(a)-(j),
30-1 30.00566(b)-(d), and 30.00567-30.00581;
30-2 (15) 30.00602, 30.00603, 30.00604(a) and (c)-(e),
30-3 30.00605(a) and (c), 30.00606(b), and 30.00607-30.00616;
30-4 (16) 30.00632, 30.00633, 30.00634(a)-(c) and (e)-(j),
30-5 30.00637(b)-(d), and 30.00638-30.00652;
30-6 (17) 30.00672, 30.00673, 30.00674(a)-(h), 30.00675,
30-7 and 30.00677-30.00688;
30-8 (18) 30.00702, 30.00703, 30.00704(a) and (c)-(e),
30-9 30.00705, 30.00706(b), and 30.00707-30.00717;
30-10 (19) 30.00732, 30.00733, 30.00734(a)-(f) and (h),
30-11 30.00735, 30.00737(a)-(c), and 30.00738-30.00754;
30-12 (20) 30.00772, 30.00773, 30.00774(a)-(e),
30-13 30.00775-30.00777, 30.00779(a)-(e), and 30.00780-30.00794;
30-14 (21) 30.00812, 30.00813, 30.00814(a)-(c), (e), and
30-15 (f), 30.00815-30.00817, and 30.00819-30.00839;
30-16 (22) 30.00852, 30.00853, 30.00854(a)-(c) and (e)-(j),
30-17 30.00856(b)-(d), and 30.00857-30.00871;
30-18 (23) 30.00892, 30.00893, 30.00894(a)-(f),
30-19 30.00896(b)-(d), and 30.00897-30.00910;
30-20 (24) 30.00932, 30.00933, 30.00934(b)-(d), 30.00935,
30-21 30.00936, 30.00938, 30.00939(b) and (c), and 30.00940-30.00954;
30-22 (25) 30.00972-30.00975, 30.00976(a)-(d), 30.00978(b)
30-23 and (d), and 30.00979-30.00992;
30-24 (26) 30.01012, 30.01013, 30.01014(a)-(c) and (e)-(i),
30-25 30.01016(b)-(d), and 30.01017-30.01032;
30-26 (27) 30.01052, 30.01053, 30.01054(a)-(c) and (e)-(j),
30-27 30.01056(b)-(d), and 30.01057-30.01071;
30-28 (28) 30.01092-30.01095, 30.01096(b) and (c), 30.01097,
30-29 30.01098(b) and (c), 30.01099(b)-(e), and 30.01100-30.01113;
30-30 (29) 30.01132, 30.01133, 30.01134(a)-(c) and (e)-(j),
30-31 30.01136(b)-(e), and 30.01137-30.01151;
30-32 (30) 30.01172, 30.01173, 30.01174(a)-(c) and (e)-(j),
30-33 30.01176(b)-(d), and 30.01177-30.01191;
30-34 (31) 30.01212-30.01215, 30.01216(b) and (c), 30.01217,
30-35 30.01218(b), 30.01219(b)-(e), and 30.01220-30.01233;
30-36 (32) 30.01252, 30.01253, 30.01254(a)-(c) and (e)-(j),
30-37 30.01257(b)-(d), and 30.01258-30.01272;
30-38 (33) 30.01292, 30.01293, 30.01294(a)-(c) and (e)-(j),
30-39 and 30.01297-30.01311;
30-40 (34) 30.01322-30.01325, 30.01326(a)-(c), (e), and (f),
30-41 30.01327, 30.01328(c), 30.01329(b)-(e), and 30.01330-30.01345;
30-42 (35) 30.01372, 30.01373, 30.01374(a)-(c) and (e)-(j),
30-43 30.01376(b)-(d), and 30.01377-30.01391;
30-44 (36) 30.01402-30.01405, 30.01406(a)-(c), 30.01407,
30-45 30.01409-30.01423; and
30-46 (37) 30.01442-30.01445, 30.01446(a)-(e), 30.01447,
30-47 30.01448(c), 30.01449-30.01464.
30-48 SECTION 139. (a) This Act takes effect September 1, 1999.
30-49 (b) A municipal judge serving on the effective date of this
30-50 Act continues in office as a judge for the term to which the judge
30-51 was elected or appointed before the effective date, unless
30-52 otherwise removed by law.
30-53 (c) A clerk, a court reporter, or other court staff holding
30-54 an appointed position on the effective date of this Act continues
30-55 to serve until the expiration of the person's term, if any, or
30-56 until another person is appointed to that position as provided by
30-57 this Act.
30-58 (d) A change in law made by this Act applies only to an
30-59 offense committed on or after the effective date of this Act. An
30-60 offense committed before the effective date of this Act is governed
30-61 by the law in effect at the time the offense was committed, and
30-62 that law is continued in effect for that purpose.
30-63 SECTION 140. The importance of this legislation and the
30-64 crowded condition of the calendars in both houses create an
30-65 emergency and an imperative public necessity that the
30-66 constitutional rule requiring bills to be read on three several
30-67 days in each house be suspended, and this rule is hereby suspended.
30-68 * * * * *