By King of Uvalde H.B. No. 2287
76R4102 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a municipal court of record in Rio
1-3 Bravo.
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 RR to read as follows:
1-7 SUBCHAPTER RR. RIO BRAVO
1-8 Sec. 30.01691. APPLICATION. This subchapter applies to the
1-9 City of Rio Bravo.
1-10 Sec. 30.01692. 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
1-22 any time for the transaction of the business of the court.
1-23 Sec. 30.01693. JURISDICTION. (a) A municipal court of
1-24 record has the jurisdiction provided by general law for municipal
2-1 courts.
2-2 (b) The court has jurisdiction over cases arising outside
2-3 the territorial limits of the city under the ordinances authorized
2-4 by Sections 215.072, 217.042, 341.903, and 401.002, Local
2-5 Government Code.
2-6 Sec. 30.01694. APPLICATION OF OTHER LAWS. The general law
2-7 regarding municipal courts, the general law regarding justice
2-8 courts on matters not covered by the law regarding municipal
2-9 courts, and any charter provision or ordinance of the city relating
2-10 to the municipal court apply to a municipal court of record unless
2-11 the law, charter provision, or ordinance is in conflict or
2-12 inconsistent with this subchapter.
2-13 Sec. 30.01695. JUDGE. (a) A municipal court of record is
2-14 presided over by a municipal judge.
2-15 (b) If there is more than one municipal judge in the city,
2-16 the governing body of the city shall appoint one of the judges to
2-17 be the chief judge.
2-18 (c) A municipal judge, including the chief judge, is
2-19 appointed by the governing body of the city for a term of two
2-20 years.
2-21 (d) The judge must be a citizen of the United States and of
2-22 this state. A person may not serve as a municipal judge while the
2-23 person holds office or employment with the city government. A
2-24 person who takes office or employment with the city government
2-25 vacates the judicial office. The judge shall devote as much time
2-26 to the office as it requires.
2-27 (e) If there is more than one municipal court of record in
3-1 the city, the judges may exchange benches and may sit and act for
3-2 each other in any proceeding pending in the courts. An act
3-3 performed by any of the judges is binding on all parties to the
3-4 proceeding.
3-5 (f) A municipal judge is entitled to a salary from the city,
3-6 the amount of which is determined by the governing body of the city
3-7 and may not be diminished during the judge's term of office. The
3-8 salary may not be based directly or indirectly on fines, fees, or
3-9 costs collected by the court.
3-10 (g) A municipal judge may be removed from office by the
3-11 governing body of the city at any time for incompetency,
3-12 misconduct, malfeasance, or disability.
3-13 (h) A municipal judge shall take judicial notice of the city
3-14 ordinances and the corporate limits of the city in a case tried
3-15 before a municipal court of record. A municipal judge may grant
3-16 writs of mandamus, injunction, and attachment and other writs
3-17 necessary to the enforcement of the jurisdiction of the court and
3-18 may issue writs of habeas corpus in cases in which the offense
3-19 charged is within the jurisdiction of the court. A municipal judge
3-20 may issue administrative search warrants.
3-21 (i) The governing body of the city shall appoint a qualified
3-22 person to fill a vacancy in the office of municipal judge for the
3-23 remainder of the unexpired term.
3-24 (j) The governing body may appoint one or more qualified
3-25 persons to be available to serve for a municipal judge who is
3-26 temporarily absent due to illness, family death, continuing legal
3-27 or judicial education programs, or any other reason. The chief
4-1 judge, or the municipal judge if there is no chief judge, shall
4-2 select one of the persons appointed by the governing body to serve
4-3 during an absence. An alternate judge, while serving, has all the
4-4 powers and shall discharge all the duties of a municipal judge. An
4-5 alternate judge must have the same qualifications as a municipal
4-6 judge.
4-7 Sec. 30.01696. CLERK; OTHER PERSONNEL. The city manager or
4-8 city administrator of the city shall appoint a clerk of the
4-9 municipal court of record who may hire, direct, and remove the
4-10 personnel authorized in the city's annual budget for the clerk's
4-11 office. The clerk or the clerk's deputies shall keep the records
4-12 of the municipal courts of record, issue process, and generally
4-13 perform the duties for the courts that a clerk of the county court
4-14 exercising criminal jurisdiction is required by law to perform for
4-15 that court. The clerk shall perform the duties in accordance with
4-16 statutes, the city charter, and city ordinances.
4-17 Sec. 30.01697. COURT REPORTER. (a) The city shall provide
4-18 a court reporter for the purpose of preserving a record in cases
4-19 tried before the municipal court of record. The clerk of the court
4-20 shall appoint the court reporter, who must meet the qualifications
4-21 provided by law for official court reporters. The reporter shall
4-22 be compensated by the city in the manner determined by the
4-23 governing body of the city.
4-24 (b) The court reporter may use written notes, transcribing
4-25 equipment, video or audio recording equipment, or a combination of
4-26 those methods to record the proceedings of the court. A record
4-27 shall be kept for the 20-day period beginning the day after the
5-1 last day of the court proceeding, trial, or denial of motion for
5-2 new trial, whichever occurs last.
5-3 (c) The court reporter is not required to record testimony
5-4 in a case unless the judge or one of the parties requests a record.
5-5 A party's request for a record must be in writing and be filed with
5-6 the court before trial.
5-7 (d) The governing body may provide that, in lieu of
5-8 providing a court reporter at trial, proceedings in a municipal
5-9 court of record may be recorded by a good quality electronic
5-10 recording device. If the governing body authorizes the electronic
5-11 recording, the court reporter need not be present at trial to
5-12 certify the statement of facts. The recording shall be kept and
5-13 stored for the 20-day period beginning the day after the last day
5-14 of the proceeding, trial, or denial of motion for new trial,
5-15 whichever occurs last. The proceedings that are appealed shall be
5-16 transcribed from the recording by an official court reporter.
5-17 Sec. 30.01698. PROSECUTIONS BY CITY ATTORNEY. All
5-18 prosecutions in the municipal court of record must be conducted by
5-19 the city attorney or an assistant or deputy city attorney.
5-20 Sec. 30.01699. JURY. (a) A person who is brought before a
5-21 municipal court of record and who is charged with an offense is
5-22 entitled to be tried by a jury of six persons unless that right is
5-23 waived according to law. The jury shall decide all questions of
5-24 fact or credibility of witnesses. The court shall determine all
5-25 matters of law and shall charge the jury on the law.
5-26 (b) A juror who serves in a municipal court of record must
5-27 meet the qualifications provided by Chapter 62.
6-1 Sec. 30.01700. APPEAL. (a) A defendant has the right of
6-2 appeal from a judgment or conviction in a municipal court of record
6-3 as provided in this subchapter. The county courts at law of Webb
6-4 County have jurisdiction over an appeal. The state has no right to
6-5 an appeal or to a new trial.
6-6 (b) The appellate court shall determine each appeal from a
6-7 municipal court of record conviction on the basis of the errors
6-8 that are set forth in the defendant's motion for new trial and that
6-9 are presented in the transcript and statement of facts prepared
6-10 from the proceedings leading to the conviction. An appeal from the
6-11 municipal court of record may not be by trial de novo.
6-12 (c) To perfect an appeal, the defendant must file with the
6-13 municipal court clerk a written motion for new trial not later than
6-14 the 10th day after the date on which judgment is rendered. The
6-15 motion must set forth the points of error of which the defendant
6-16 complains. The motion or an amended motion may be amended by leave
6-17 of court at any time before action on the motion is taken, but not
6-18 later than the 20th day after the date on which the original or
6-19 amended motion is filed. The court may for good cause extend the
6-20 time for filing or amending, but the extension may not exceed 90
6-21 days from the original filing deadline. If the court does not act
6-22 on the motion before the expiration of the 30 days allowed for
6-23 determination of the motion, the original or amended motion is
6-24 overruled by operation of law.
6-25 (d) To perfect an appeal, the defendant must also give
6-26 notice of the appeal. If the defendant requests a hearing on the
6-27 motion for new trial, the defendant may give the notice of appeal
7-1 orally in open court on the overruling of the motion. If there is
7-2 no hearing, the defendant must give written notice of appeal and
7-3 must file the notice with the court not later than the 10th day
7-4 after the date on which the motion is overruled. The court may for
7-5 good cause extend that time period, but the extension may not
7-6 exceed 90 days from the original filing deadline.
7-7 Sec. 30.01701. APPEAL BOND. (a) If the defendant is not in
7-8 custody, the defendant may not take an appeal until the defendant
7-9 files an appeal bond with the municipal court of record. The bond
7-10 must be approved by the court and must be filed not later than the
7-11 10th day after the date on which the motion for new trial is
7-12 overruled. If the defendant is in custody, the defendant shall be
7-13 committed to jail unless the defendant posts the appeal bond.
7-14 (b) The appeal bond must be in the amount of $50 or double
7-15 the amount of the fine and costs adjudged against the defendant,
7-16 whichever is greater. The bond must state that the defendant was
7-17 convicted in the case and has appealed, must be payable to the
7-18 state for the use and benefit of the city, and must be conditioned
7-19 on the defendant's appearance in the court to which the appeal is
7-20 taken.
7-21 Sec. 30.01702. RECORD ON APPEAL. The record on appeal
7-22 consists of a transcript and, if necessary to the appeal, a
7-23 statement of facts. The court reporter shall prepare the record
7-24 from the reporter's record or mechanical or videotape recordings of
7-25 the proceedings. The defendant shall pay for the cost of the
7-26 transcription. If the court finds that the defendant is unable to
7-27 pay or give security for the record on appeal after a hearing in
8-1 response to an affidavit by the defendant, the court shall order
8-2 the reporter to prepare the record without charge to the defendant.
8-3 If the case is reversed on appeal, the court shall promptly refund
8-4 the cost to the defendant.
8-5 Sec. 30.01703. TRANSCRIPT. (a) On the written request of
8-6 the defendant or the defendant's attorney, the municipal court
8-7 clerk shall prepare under the clerk's hand and seal a transcript of
8-8 the municipal court of record proceedings. The transcript must
8-9 include copies of:
8-10 (1) the complaint;
8-11 (2) material docket entries made by the court;
8-12 (3) the jury charge and verdict in a jury trial;
8-13 (4) the judgment;
8-14 (5) the motion for new trial;
8-15 (6) the notice of appeal;
8-16 (7) written motions and pleas;
8-17 (8) written orders of the court;
8-18 (9) any bills of exception filed with the court;
8-19 (10) the appeal bond; and
8-20 (11) exhibits admitted into evidence.
8-21 (b) The clerk may include in the transcript additional
8-22 portions of the proceedings in the court prepared from mechanical
8-23 or videotape recordings.
8-24 Sec. 30.01704. BILLS OF EXCEPTION. Either party may include
8-25 bills of exception in the transcript subject to the applicable
8-26 provisions of the Code of Criminal Procedure. The bills of
8-27 exception must be filed with the municipal court clerk not later
9-1 than the 60th day after the date on which the notice of appeal is
9-2 given or filed.
9-3 Sec. 30.01705. STATEMENTS OF FACTS. A statement of facts
9-4 included in the record on appeal must contain:
9-5 (1) a transcript of all or part of the municipal court
9-6 of record proceedings that are shown by the notes of the court
9-7 reporter to have occurred before, during, or after the trial, if
9-8 the transcript is requested by the defendant;
9-9 (2) a brief statement of the facts of the case proven
9-10 at trial as agreed to by the defendant and the prosecuting
9-11 attorney;
9-12 (3) a partial transcript and the agreed statement of
9-13 the facts of the case; or
9-14 (4) a transcript of all or part of the municipal court
9-15 of record proceedings in the case that is prepared from mechanical
9-16 or videotape recordings of the proceedings.
9-17 Sec. 30.01706. COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
9-18 (a) Not later than the 60th day after the date on which the notice
9-19 of appeal is given or filed, the parties must file with the
9-20 municipal court clerk:
9-21 (1) the statement of facts;
9-22 (2) a written description of material to be included
9-23 in the transcript in addition to the required material; and
9-24 (3) any material to be included in the transcript that
9-25 is not in the custody of the clerk.
9-26 (b) On completion of the record, the municipal judge shall
9-27 approve the record in the manner provided for record completion,
10-1 approval, and notification in the court of appeals.
10-2 (c) After the court approves the record, the clerk shall
10-3 promptly send it to the appellate court clerk for filing. The
10-4 appellate court clerk shall notify the defendant and the
10-5 prosecuting attorney that the record has been filed.
10-6 Sec. 30.01707. BRIEF ON APPEAL. (a) A defendant's brief on
10-7 appeal from a municipal court of record must present points of
10-8 error in the manner required by law for a brief on appeal to the
10-9 court of appeals.
10-10 (b) The defendant must file the brief with the appellate
10-11 court clerk not later than the 15th day after the date on which the
10-12 transcript and statement of facts are filed with that clerk. The
10-13 defendant or the defendant's attorney must certify that the brief
10-14 has been properly mailed to the prosecuting attorney.
10-15 (c) The prosecuting attorney must file the appellee's brief
10-16 with the appellate court clerk not later than the 15th day after
10-17 the date on which the defendant's brief is filed.
10-18 (d) On filing, each party shall deliver a copy of the brief
10-19 to the opposing party and to the municipal judge.
10-20 Sec. 30.01708. COURT RULES. (a) Except as modified by this
10-21 subchapter, the Code of Criminal Procedure governs the trial of
10-22 cases before the municipal court of record. The court may make and
10-23 enforce all rules of practice and procedure necessary to expedite
10-24 the trial of cases before the court that are not inconsistent with
10-25 general law.
10-26 (b) A bond must be payable to the state for the use and
10-27 benefit of the city.
11-1 (c) A peace officer may serve a process issued by a
11-2 municipal court of record.
11-3 (d) The appellate courts may make and enforce all rules of
11-4 practice and procedure that are not inconsistent with general law
11-5 and that are necessary to expedite the dispatch of appeals from the
11-6 municipal court of record.
11-7 Sec. 30.01709. DISPOSITION ON APPEAL. (a) According to law
11-8 and the nature of the case, the appellate court may:
11-9 (1) affirm the judgment of the municipal court of
11-10 record;
11-11 (2) reverse and remand for a new trial;
11-12 (3) reverse and dismiss the case; or
11-13 (4) reform and correct the judgment.
11-14 (b) Unless the matter was made an issue in the trial court
11-15 or it affirmatively appears to the contrary from the transcript or
11-16 the statement of facts, the appellate court shall presume that:
11-17 (1) venue was proven in the trial court;
11-18 (2) the jury, if any, was properly impaneled and
11-19 sworn;
11-20 (3) the defendant was arraigned and pleaded to the
11-21 complaint; and
11-22 (4) the municipal judge certified the charge before it
11-23 was read to the jury.
11-24 (c) In each case decided by the appellate court, the court
11-25 shall deliver a written opinion or order either sustaining or
11-26 overruling each assignment of error presented. The court shall set
11-27 forth the reasons for its decision. The appellate court clerk
12-1 shall mail copies of the decision to the parties and to the
12-2 municipal judge as soon as the decision is rendered.
12-3 Sec. 30.01710. CERTIFICATE OF APPELLATE PROCEEDINGS. When
12-4 the judgment of the appellate court becomes final, the clerk of
12-5 that court shall certify the proceedings and the judgment and shall
12-6 mail the certificate to the municipal court of record. The court
12-7 clerk shall file the certificate with the papers in the case and
12-8 note the certificate on the case docket. If the municipal court of
12-9 record judgment is affirmed, further action to enforce the judgment
12-10 is not necessary except to:
12-11 (1) forfeit the bond of the defendant;
12-12 (2) issue a writ of capias for the defendant; or
12-13 (3) issue an execution against the defendant's
12-14 property.
12-15 Sec. 30.01711. EFFECT OF ORDER OF NEW TRIAL. If the
12-16 appellate court awards a new trial to the defendant, the case
12-17 stands as if a new trial had been granted by the municipal court of
12-18 record.
12-19 Sec. 30.01712. APPEAL TO COURT OF APPEALS. The defendant
12-20 has the right to appeal to the court of appeals if the fine
12-21 assessed against the defendant exceeds $100 and if the judgment is
12-22 affirmed by the appellate court. The provisions of the Code of
12-23 Criminal Procedure relating to direct appeals from a county or a
12-24 district court to the court of appeals apply to the appeal, except
12-25 that:
12-26 (1) the record and briefs on appeal in the appellate
12-27 court constitute the record and briefs on appeal to the court of
13-1 appeals unless the rules of the court of criminal appeals provide
13-2 otherwise; and
13-3 (2) the record and briefs shall be filed directly with
13-4 the court of appeals.
13-5 SECTION 2. The importance of this legislation and the
13-6 crowded condition of the calendars in both houses create an
13-7 emergency and an imperative public necessity that the
13-8 constitutional rule requiring bills to be read on three several
13-9 days in each house be suspended, and this rule is hereby suspended,
13-10 and that this Act take effect and be in force from and after its
13-11 passage, and it is so enacted.