By Shields H.B. No. 2195 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a municipal court of record in Hill 1-3 Country Village. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 30, Government Code, is amended by adding 1-6 Subchapter QQ to read as follows: 1-7 SUBCHAPTER QQ. HILL COUNTRY VILLAGE 1-8 Sec. 30.01631. APPLICATION. This subchapter applies to the 1-9 city of Hill Country Village. 1-10 Sec. 30.01632. CREATION. (a) The governing body of the 1-11 city may by ordinance create a municipal court of record if it 1-12 determines that the formation of the court is necessary to provide 1-13 a more efficient disposition of cases arising in the city. The 1-14 governing body may by ordinance determine the number of municipal 1-15 courts of record that are required to dispose of the cases and may 1-16 establish as many as are needed. The ordinance establishing the 1-17 courts shall give each court a numerical designation, beginning 1-18 with "Municipal Court of Record No. 1." 1-19 (b) A municipal court of record may not exist concurrently 1-20 with municipal courts that are not courts of record in the city. 1-21 (c) A municipal court of record has no terms and may sit at 2-1 any time for the transaction of the business of the court. 2-2 Sec. 30.01633. APPLICATION OF OTHER LAWS. The general law 2-3 regarding municipal courts, the general law regarding justice 2-4 courts on matters not covered by the law regarding municipal 2-5 courts, and any charter provision or ordinance of the city relating 2-6 to the municipal court apply to a municipal court of record unless 2-7 the law, charter provision, or ordinance is in conflict or 2-8 inconsistent with this subchapter. 2-9 Sec. 30.01634. JUDGE. (a) A municipal court of record is 2-10 presided over by a municipal judge. 2-11 (b) If there is more than one municipal judge in the city, 2-12 the governing body of the city shall appoint one of the judges to 2-13 be the chief judge. 2-14 (c) A municipal judge, including the chief judge, is 2-15 appointed by the governing body of the city for a term of two 2-16 years. 2-17 (d) A municipal judge must be a licensed attorney in good 2-18 standing in this state and must have at least two years of 2-19 experience in the practice of law in this state. The judge must 2-20 be a citizen of the United States and of this state. The judge 2-21 shall devote as much time to the office as it requires. 2-22 (e) If there is more than one municipal court of record in 2-23 the city, the judges may exchange benches and may sit and act for 2-24 each other in any proceeding pending in the courts. An act 2-25 performed by any of the judges is binding on all parties to the 3-1 proceeding. 3-2 (f) A municipal judge is entitled to a salary from the city, 3-3 the amount of which is determined by the governing body of the city 3-4 and may not be diminished during the judge's term of office. The 3-5 salary may not be based directly or indirectly on fines, fees, or 3-6 costs collected by the court. 3-7 (g) A municipal judge may be removed from office by the 3-8 governing body of the city at any time for incompetence, 3-9 misconduct, malfeasance, or disability. 3-10 (h) A municipal judge shall take judicial notice of the city 3-11 ordinances and the corporate limits of the city in a case tried 3-12 before a municipal court of record. A municipal judge may grant 3-13 writs of mandamus, injunction, and attachment and other writs 3-14 necessary to the enforcement of the jurisdiction of the court and 3-15 may issue writs of habeas corpus in cases in which the offense 3-16 charged is within the jurisdiction of the court. 3-17 (i) The governing body of the city shall appoint a qualified 3-18 person to fill a vacancy in the office of municipal judge. 3-19 (j) The governing body may appoint one or more qualified 3-20 persons to be available to serve for a municipal judge who is 3-21 temporarily absent due to illness, family death, or continuing 3-22 legal or judicial education programs or for any other reason. The 3-23 chief judge, or the municipal judge if there is no chief judge, 3-24 shall select one of the persons appointed by the governing body to 3-25 serve during an absence. An alternate judge, while serving, has 4-1 all the powers and shall discharge all the duties of a municipal 4-2 judge. An alternate judge must have the same qualifications as a 4-3 municipal judge. 4-4 Sec. 30.01635. CLERK; OTHER PERSONNEL. The city secretary 4-5 shall be, ex officio, the clerk of the municipal court of record 4-6 and may hire, direct, and remove the personnel authorized in the 4-7 city's annual budget for the clerk's office. The clerk or the 4-8 clerk's deputies shall keep the records of the municipal courts of 4-9 record, issue process, and generally perform the duties for the 4-10 courts that a clerk of the county court exercising criminal 4-11 jurisdiction is required by law to perform for that court. The 4-12 clerk shall perform the duties in accordance with statutes, the 4-13 city charter, and city ordinances. 4-14 Sec. 30.01636. COURT REPORTER. (a) The city shall provide 4-15 a court reporter for the purpose of preserving a record in cases 4-16 tried before the municipal court of record. The clerk of the court 4-17 shall appoint the court reporter, who must meet the qualifications 4-18 provided by law for official court reporters. The reporter shall 4-19 be compensated by the city in the manner determined by the 4-20 governing body of the city. 4-21 (b) The court reporter may use written notes, transcribing 4-22 equipment, video or audio recording equipment, or a combination of 4-23 those methods to record the proceedings of the court. The court 4-24 reporter shall keep the record for the 20-day period beginning the 4-25 date after the last day of the court proceeding, trial, or denial 5-1 of motion for new trial, whichever occurs last. 5-2 (c) The court reporter is not required to record testimony 5-3 in a case unless the judge or one of the parties requests a record. 5-4 A party's request for a record must be in writing and be filed with 5-5 the court before trial. 5-6 (d) The governing body may provide that in lieu of providing 5-7 a court reporter at trial, proceedings in a municipal court of 5-8 record may be recorded by a good quality electronic recording 5-9 device. If the governing body authorizes the electronic recording, 5-10 the court reporter need not be present at trial to certify the 5-11 statement of facts. The recording shall be kept and stored for the 5-12 20-day period beginning the day after the last day of the 5-13 proceeding, trial, or denial of motion for new trial, whichever 5-14 occurs last. The proceedings that are appealed shall be 5-15 transcribed from the recording by an official court reporter. 5-16 Sec. 30.01637. PROSECUTIONS BY CITY ATTORNEY. All 5-17 prosecutions in the municipal court of record must be conducted by 5-18 the city attorney or an assistant or deputy city attorney. 5-19 Sec. 30.01638. JURY. (a) A person who is brought before a 5-20 municipal court of record and who is charged with an offense is 5-21 entitled to be tried by a jury of six persons unless that right is 5-22 waived according to law. The jury shall decide all questions of 5-23 fact or credibility of witnesses. The court shall determine all 5-24 matters of law and shall charge the jury on the law. 5-25 (b) A juror who serves in the municipal court of record must 6-1 meet the qualifications provided by Chapter 62. 6-2 Sec. 30.01639. APPEAL. (a) A defendant has the right of 6-3 appeal from a judgment or conviction in a municipal court of record 6-4 as provided by this subchapter. The county courts at law of Bexar 6-5 County have jurisdiction over an appeal. The state has no right to 6-6 an appeal or to a new trial. 6-7 (b) The appellate court shall determine each appeal from a 6-8 municipal court of record conviction on the basis of the errors 6-9 that are set forth in the defendant's motion for new trial and that 6-10 are presented in the transcript and statement of facts prepared 6-11 from the proceedings leading to the conviction. An appeal from the 6-12 municipal court of record may not be by trial de novo. 6-13 (c) To perfect an appeal the defendant must file with the 6-14 municipal court clerk a written motion for new trial not later than 6-15 the 10th day after the date on which judgment is rendered. The 6-16 motion must set forth the points of error of which the defendant 6-17 complains. The motion or amended motion may be amended by leave of 6-18 court at any time before action on the motion is taken but not 6-19 later than the 20th day after the date on which the original or 6-20 amended motion is filed. The court may for good cause extend the 6-21 time for filing or amending, but the extension may not exceed 90 6-22 days from the original filing deadline. If the court does not act 6-23 on the motion before the expiration of the 30 days allowed for 6-24 determination of the motion, the original or amended motion is 6-25 overruled by operation of law. 7-1 (d) To perfect an appeal the defendant must also give notice 7-2 of the appeal. If the defendant requests a hearing on the motion 7-3 for new trial, the defendant may give the notice of appeal orally 7-4 in open court on the overruling of the motion. If there is no 7-5 hearing, the defendant must give written notice of appeal and must 7-6 file the notice with the court not later than the 10th day after 7-7 the date on which the motion is overruled. The court may for good 7-8 cause extend that time period, but the extension may not exceed 90 7-9 days from the original filing deadline. 7-10 Sec. 30.01640. APPEAL BOND. (a) If the defendant is not in 7-11 custody, the defendant may not take an appeal until the defendant 7-12 files an appeal bond with the municipal court of record. The bond 7-13 must be approved by the court and must be filed not later than the 7-14 10th day after the date on which the motion for new trial is 7-15 overruled. If the defendant is in custody, the defendant shall be 7-16 committed to jail unless the defendant posts the appeal bond. 7-17 (b) The appeal bond must be in the amount of $50 or double 7-18 the amount of the fine and costs adjudged against the defendant, 7-19 whichever is greater. The bond must state that the defendant was 7-20 convicted in the case and has appealed, must be payable to the 7-21 state for the use and benefit of the city, and must be conditioned 7-22 on the defendant's appearance in the court to which the appeal is 7-23 taken. 7-24 Sec. 30.01641. RECORD ON APPEAL. The record on appeal 7-25 consists of a transcript and, if necessary to the appeal, a 8-1 statement of facts. The court reporter shall prepare the record 8-2 from the reporter's record or mechanical or video recordings of the 8-3 proceedings. The defendant shall pay for the cost of the 8-4 transcription. If the court finds that the defendant is unable to 8-5 pay or give security for the record on appeal after a hearing in 8-6 response to an affidavit by the defendant, the court shall order 8-7 the reporter to prepare the record without charge to the defendant. 8-8 If the case is reversed on appeal, the court shall promptly refund 8-9 the cost to the defendant. 8-10 Sec. 30.01642. TRANSCRIPT. (a) On the written request of 8-11 the defendant or the defendant's attorney, the municipal court 8-12 clerk shall prepare under the clerk's hand and seal a transcript of 8-13 the municipal court of record proceedings. The transcript must 8-14 include copies of: 8-15 (1) the complaint; 8-16 (2) material docket entries made by the court; 8-17 (3) the jury charge and verdict in a jury trial; 8-18 (4) the judgment; 8-19 (5) the motion for new trial; 8-20 (6) the notice of appeal; 8-21 (7) written motions and pleas; 8-22 (8) written orders of the court; 8-23 (9) any bills of exception filed with the court; 8-24 (10) the appeal bond; and 8-25 (11) exhibits admitted into evidence. 9-1 (b) The clerk may include in the transcript additional 9-2 portions of the proceedings in the court prepared from mechanical 9-3 or video recordings. 9-4 Sec. 30.01643. BILLS OF EXCEPTION. Either party may include 9-5 bills of exception in the transcript subject to the applicable 9-6 provisions of the Texas Rules of Appellate Procedure. The bills of 9-7 exception must be filed with the municipal court clerk not later 9-8 than the 60th day after the date on which the notice of appeal is 9-9 given or filed. 9-10 Sec. 30.01644. STATEMENTS OF FACTS. A statement of facts 9-11 included in the record on appeal must contain: 9-12 (1) a transcript of all or part of the municipal court 9-13 of record proceedings that are shown by the notes of the court 9-14 reporter to have occurred before, during, or after the trial if the 9-15 transcript is requested by the defendant; 9-16 (2) a brief statement of the facts of the case proven 9-17 at trial as agreed to by the defendant and the prosecuting 9-18 attorney; 9-19 (3) a partial transcript and the agreed statement of 9-20 the facts of the case; or 9-21 (4) a transcript of all or part of the municipal court 9-22 of record proceedings in the case that is prepared from mechanical 9-23 or video recordings of the proceedings. 9-24 Sec. 30.01645. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. 9-25 (a) Not later than the 60th day after the date on which the notice 10-1 of appeal is given or filed, the parties must file with the 10-2 municipal court clerk: 10-3 (1) the statement of facts; 10-4 (2) a written description of material to be included 10-5 in the transcript in addition to the required material; and 10-6 (3) any material to be included in the transcript that 10-7 is not in the custody of the clerk. 10-8 (b) On completion of the record, the municipal judge shall 10-9 approve the record in the manner provided for record completion, 10-10 approval, and notification in the court of appeals. 10-11 (c) After the court approves the records the clerk shall 10-12 promptly send it to the appellate court clerk for filing. The 10-13 appellate court clerk shall notify the defendant and the 10-14 prosecuting attorney that the record has been filed. 10-15 Sec. 30.01646. BRIEF ON APPEAL. (a) A defendant's brief on 10-16 appeal from a municipal court of record must present points of 10-17 error in the manner required by law for a brief on appeal to the 10-18 court of appeals. 10-19 (b) The defendant must file the brief with the appellate 10-20 court clerk not later than the 15th day after the date on which the 10-21 transcript and statement of facts are filed with that clerk. The 10-22 defendant or the defendant's attorney must certify that the brief 10-23 has been properly mailed to the prosecuting attorney. 10-24 (c) The prosecuting attorney must file the appellee's brief 10-25 with the appellate court clerk not later than the 15th day after 11-1 the date on which the defendant's brief is filed. 11-2 (d) On filing, each party shall deliver a copy of the brief 11-3 to the opposing party and to the municipal judge. 11-4 Sec. 30.01647. COURT RULES. (a) Except as modified by this 11-5 subchapter, the Code of Criminal Procedure governs the trial of 11-6 cases before the municipal court of record. The court may make and 11-7 enforce all rules of practice and procedure necessary to expedite 11-8 the trial of cases before the court that are not inconsistent with 11-9 general law. 11-10 (b) The appellate courts may make and enforce all rules of 11-11 practice and procedure that are not inconsistent with general law 11-12 and that are necessary to expedite the dispatch of appeals from the 11-13 municipal court of record. 11-14 Sec. 30.01648. DISPOSITION ON APPEAL. (a) According to law 11-15 and the nature of the case, the appellate court may: 11-16 (1) affirm the judgment of the municipal court of 11-17 record; 11-18 (2) reverse and remand for a new trial; 11-19 (3) reverse and dismiss the case; or 11-20 (4) reform and correct the judgment. 11-21 (b) Unless the matter was made an issue in the trial court 11-22 or it affirmatively appears to the contrary from the transcript or 11-23 the statement of facts, the appellate court shall presume that: 11-24 (1) venue was proven in the trial court; 11-25 (2) the jury, if any, was properly impaneled and 12-1 sworn; 12-2 (3) the defendant was arraigned and pleaded to the 12-3 complaint; and 12-4 (4) the municipal judge certified the charge before it 12-5 was read to the jury. 12-6 (c) In each case decided by the appellate court, the court 12-7 shall deliver a written opinion or order either sustaining or 12-8 overruling each assignment of error presented. The court shall set 12-9 forth the reasons for its decision. The appellate court clerk 12-10 shall mail copies of the decision to the parties and to the 12-11 municipal judge as soon as the decision is rendered. 12-12 Sec. 30.01649. CERTIFICATE OF APPELLATE PROCEEDINGS. When 12-13 the judgment of the appellate court becomes final, the clerk of 12-14 that court shall certify the proceedings and the judgment and shall 12-15 mail the certificate to the municipal court. The court clerk shall 12-16 file the certificate with the papers in the case and note the 12-17 certificate on the case docket. If the municipal court of record 12-18 judgment is affirmed, further action to enforce the judgment is not 12-19 necessary except to: 12-20 (1) forfeit the bond of the defendant; 12-21 (2) issue a writ of capias for the defendant; or 12-22 (3) issue an execution against the defendant's 12-23 property. 12-24 Sec. 30.01650. EFFECT OF ORDER ON NEW TRIAL. If the 12-25 appellate court awards a new trial to the defendant, the case 13-1 stands as if a new trial had been granted by the municipal court of 13-2 record. 13-3 Sec. 30.01651. APPEAL TO COURT OF APPEALS. The defendant 13-4 has the right to appeal to the court of appeals if the fine 13-5 assessed against the defendant exceeds $100 and if the judgment is 13-6 affirmed by the appellate court. The provisions of the Code of 13-7 Criminal Procedure relating to direct appeals from a county or a 13-8 district court to the court of appeals apply to the appeal, except 13-9 that: 13-10 (1) the record and briefs on appeal in the appellate 13-11 court constitute the record and briefs on appeal to the court of 13-12 appeals unless the rules of the court of criminal appeals provide 13-13 otherwise; and 13-14 (2) the record and briefs shall be filed directly with 13-15 the court of appeals. 13-16 SECTION 2. The importance of this legislation and the 13-17 crowded condition of the calendars in both houses create an 13-18 emergency and an imperative public necessity that the 13-19 constitutional rule requiring bills to be read on three several 13-20 days in each house be suspended, and this rule is hereby suspended, 13-21 and that this Act take effect and be in force from and after its 13-22 passage, and it is so enacted.