By: Nelson S.B. No. 589
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of a municipal court of record in Farmers
1-2 Branch.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 30, Government Code, is amended by adding
1-5 Subchapter PP to read as follows:
1-6 SUBCHAPTER PP. FARMERS BRANCH
1-7 Sec. 30.01591. APPLICATION. This subchapter applies to the
1-8 City of Farmers Branch.
1-9 Sec. 30.01592. CREATION. (a) The governing body of the
1-10 city may by ordinance create a municipal court of record if it
1-11 determines that the formation of the court is necessary to provide
1-12 a more efficient disposition of cases arising in the city. The
1-13 governing body may by ordinance determine the number of municipal
1-14 courts of record that are required to dispose of the cases and may
1-15 establish as many as are needed. The ordinance establishing the
1-16 courts must give each court a numerical designation, beginning with
1-17 "Municipal Court No. 1."
1-18 (b) On creation of the initial municipal court of record,
1-19 the governing body of the city shall determine the method of
1-20 selecting the judge of a municipal court of record by:
1-21 (1) adopting an ordinance that provides for the
1-22 appointment of a municipal judge by the governing body of the city;
1-23 (2) adopting an ordinance that provides for the
1-24 election of a municipal judge by the qualified voters of the city;
2-1 or
2-2 (3) ordering an election in which the qualified voters
2-3 of the city determine whether a municipal judge is appointed by the
2-4 governing body of the city or elected.
2-5 (c) A municipal court of record may not exist concurrently
2-6 with municipal courts that are not courts of record in the city.
2-7 (d) A municipal court of record has no terms and may sit at
2-8 any time for the transaction of business of the court.
2-9 Sec. 30.01593. JURISDICTION. (a) A municipal court of
2-10 record created under this subchapter has jurisdiction within the
2-11 territorial limits of the city in all criminal cases arising under
2-12 the ordinances of the city.
2-13 (b) The court has concurrent jurisdiction with a justice of
2-14 the peace in any precinct in which the city is located in criminal
2-15 cases within the justice court jurisdiction that:
2-16 (1) arise within the territorial limits of the city;
2-17 and
2-18 (2) are punishable by fine only.
2-19 (c) The court has jurisdiction over cases arising outside
2-20 the territorial limits of the city under ordinances authorized by
2-21 Section 215.072, 217.042, 341.903, or 401.002, Local Government
2-22 Code.
2-23 Sec. 30.01594. WRIT POWER. The judge of a municipal court
2-24 of record created under this subchapter may grant writs of
2-25 mandamus, injunction, attachment, and other writs necessary to the
2-26 enforcement of the jurisdiction of the court and may issue writs of
3-1 habeas corpus in cases in which the offense charged is within the
3-2 jurisdiction of the court.
3-3 Sec. 30.01595. APPLICATION OF OTHER LAWS. The general law
3-4 regarding municipal courts of record, the general law regarding
3-5 justice courts on matters not covered by the law regarding
3-6 municipal courts, and any charter provision or ordinance of the
3-7 city relating to the municipal court apply to a municipal court of
3-8 record unless the law, charter provision, or ordinance is in
3-9 conflict or inconsistent with this subchapter.
3-10 Sec. 30.01596. JUDGE. (a) A municipal court of record is
3-11 presided over by a municipal judge. The municipal judge must be a
3-12 licensed attorney in good standing in this state. The judge must
3-13 be a citizen of the United States and a resident of this state but
3-14 need not be a resident of the city. The municipal judge shall
3-15 devote full time to the duties of the office as necessary.
3-16 (b) If more than one municipal court of record is created,
3-17 judges of each municipal court of record may at any time exchange
3-18 benches and sit and act for each other in any pending case, matter,
3-19 or proceeding.
3-20 (c) A municipal judge is entitled to receive a salary and
3-21 other benefits set by the governing body of the city. The judge's
3-22 salary may not be diminished during the term of office. The salary
3-23 may not be based directly or indirectly on fines, fees, or other
3-24 costs that the municipal judge is required by law to collect during
3-25 a term of office.
3-26 Sec. 30.01597. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL.
4-1 (a) If a vacancy occurs in the office of municipal judge, the
4-2 governing body of the city shall appoint a qualified person to fill
4-3 the office for the remainder of the unexpired term.
4-4 (b) The governing body of the city may appoint persons as
4-5 relief municipal judges, who shall be known as assistant municipal
4-6 judges. An assistant judge must meet the qualifications prescribed
4-7 for the municipal judge. The governing body shall set the
4-8 compensation of the assistant judges. The municipal judge may
4-9 assign an assistant judge to act for a municipal judge who is
4-10 temporarily unable to act for any reason. An assistant judge has
4-11 all the powers and duties of the office while acting for the
4-12 municipal judge.
4-13 (c) A municipal judge or assistant municipal judge may be
4-14 removed from office in the manner prescribed for removal of a
4-15 county court at law judge.
4-16 Sec. 30.01598. CLERK; OTHER PERSONNEL. (a) The city
4-17 manager shall appoint a clerk of the municipal court of record, who
4-18 shall be known as the municipal court clerk.
4-19 (b) The clerk or the clerk's deputies shall keep the records
4-20 of the municipal courts of record, issue process, and generally
4-21 perform the duties for the court that a clerk of the county court
4-22 exercising criminal jurisdiction is required by law to perform for
4-23 that court. The clerk shall perform the duties in accordance with
4-24 statutes, the city charter, and city ordinances.
4-25 (c) The clerk may hire, direct, and remove the personnel
4-26 authorized in the city's annual budget for the clerk's office.
5-1 Sec. 30.01599. COURT REPORTER. (a) The city shall provide
5-2 a court reporter for the purpose of preserving a record in cases
5-3 tried before the municipal court of record. The clerk of the court
5-4 shall appoint the court reporter, who must meet the qualifications
5-5 provided by law for official court reporters.
5-6 (b) The clerk may provide that, instead of providing a court
5-7 reporter at trial, proceedings in a municipal court of record may
5-8 be recorded by a good quality electronic recording device. If the
5-9 recording device is used, the court reporter need not be present at
5-10 trial to record the proceedings. The proceedings that are appealed
5-11 shall be transcribed from the recording by an official court
5-12 reporter.
5-13 (c) The clerk may provide for the use of written notes,
5-14 transcribing equipment, or a combination of those methods to record
5-15 the proceedings of the court. The court reporter shall keep the
5-16 record for a 20-day period beginning the day after the last day of
5-17 the court proceeding, trial, or denial of motion for new trial,
5-18 whichever occurs last.
5-19 (d) No one is required to record testimony in a case unless
5-20 the judge or one of the parties requests a record. A party's
5-21 request for a record must be in writing and must be filed with the
5-22 court before trial.
5-23 (e) The court reporter shall certify the official record.
5-24 Sec. 30.01600. PROSECUTION BY CITY ATTORNEY. All
5-25 prosecutions in the municipal court of record must be conducted by
5-26 the city attorney or an assistant or deputy city attorney.
6-1 Sec. 30.01601. COMPLAINT; PLEADING. (a) A proceeding in a
6-2 municipal court of record begins with the filing of a complaint. A
6-3 complaint must begin "In the name and by authority of the State of
6-4 Texas" and must conclude "Against the peace and dignity of the
6-5 State."
6-6 (b) Complaints must comply with Article 45.17, Code of
6-7 Criminal Procedure.
6-8 (c) Pleadings must be in writing and must be filed with the
6-9 municipal court clerk.
6-10 Sec. 30.01602. JURY. (a) A person brought before the
6-11 municipal court of record and charged with an offense is entitled
6-12 to be tried by a jury of six persons, unless that right is waived
6-13 according to law.
6-14 (b) A juror for the municipal court of record must have the
6-15 qualifications required of jurors by law and must be a resident of
6-16 the city.
6-17 (c) A juror is entitled to receive the compensation for each
6-18 day and each fraction of a day in attendance on a municipal court
6-19 of record jury as provided by Chapter 61.
6-20 (d) The municipal court clerk shall establish a fair,
6-21 impartial, and objective juror selection process.
6-22 Sec. 30.01603. COURT RULES. (a) Except as modified by this
6-23 subchapter, the Code of Criminal Procedure as applied to county
6-24 courts at law governs the trial of cases before municipal courts of
6-25 record.
6-26 (b) Bonds must be payable to the state for the use and
7-1 benefit of the city. The court may not assess court costs other
7-2 than warrant fees, capias fees, and other fees authorized for
7-3 municipal courts.
7-4 (c) A peace officer may serve a process issued by a
7-5 municipal court of record.
7-6 (d) On conviction, judgment and sentence are in the name of
7-7 the state, and the state recovers from the defendant the fine and
7-8 fees for the use and benefit of the city. The court may require
7-9 that the defendant remain in the custody of the chief of police
7-10 until the fines and costs are paid and shall order that execution
7-11 issue to collect the fines and penalties.
7-12 (e) Fines, fees, costs, and bonds shall be paid to the
7-13 municipal court clerk, who shall deposit them in the city general
7-14 fund.
7-15 Sec. 30.01604. APPEAL. (a) A defendant has the right of
7-16 appeal from a judgment of conviction in a municipal court of record
7-17 as provided by this subchapter. The state has the right to an
7-18 appeal as provided by Article 44.01, Code of Criminal Procedure.
7-19 The county criminal courts of appeal of Dallas County have
7-20 jurisdiction of appeals from the municipal courts of record.
7-21 (b) The appellate court shall determine each appeal from a
7-22 municipal court of record conviction on the basis of the errors
7-23 that are set forth in the defendant's motion for new trial and that
7-24 are presented in the transcript and statement of facts prepared
7-25 from the proceedings leading to the conviction. An appeal from the
7-26 municipal court of record may not be by trial de novo.
8-1 (c) To perfect an appeal, the defendant must file a motion
8-2 for new trial not later than the 10th day after the date on which
8-3 the judgment and sentence are rendered. The motion must be in
8-4 writing and must be filed with the clerk of the municipal court of
8-5 record. The motion constitutes the assignment of error on appeal.
8-6 A ground or an error not set forth in the motion is waived. If the
8-7 court does not act on the motion before the expiration of 30 days
8-8 after it is filed with the clerk, the motion is overruled by
8-9 operation of law.
8-10 (d) After an order overruling a motion for new trial, the
8-11 defendant shall give written notice of appeal and pay the
8-12 transcript preparation fee not later than the 10th day after the
8-13 date on which the motion is overruled. The governing body shall
8-14 set a reasonable transcript preparation fee not to exceed $25. The
8-15 clerk shall note the payment of the fee on the docket of the court.
8-16 If the case is reversed on appeal, the fee shall be refunded to the
8-17 defendant.
8-18 (e) The city attorney or the assistant or deputy city
8-19 attorney shall prosecute all appeals from the municipal courts of
8-20 record.
8-21 Sec. 30.01605. APPEAL BOND; RECORD ON APPEAL. (a) If the
8-22 defendant is not in custody, the defendant may not take an appeal
8-23 until the defendant files an appeal bond with the municipal court
8-24 of record. The bond must be approved by the court and must be
8-25 filed not later than the 10th day after the date on which the
8-26 motion for new trial is overruled. If the defendant is in custody,
9-1 the defendant shall be committed to jail unless the defendant posts
9-2 the appeal bond.
9-3 (b) The appeal bond must be in the amount of $50 or double
9-4 the amount of fines and costs adjudged against the defendant,
9-5 whichever is greater. The bond must be payable to the state for
9-6 the use and benefit of the city and must be conditioned on the
9-7 defendant's immediate and daily personal appearance in the court to
9-8 which the appeal is taken.
9-9 (c) The record on appeal consists of a transcript and, if
9-10 necessary to appeal, a statement of facts. The court reporter
9-11 shall prepare the record from the reporter's record or mechanical
9-12 recordings of the proceedings. The defendant shall pay for the
9-13 cost of the transcription. If the court finds that the defendant
9-14 is unable to pay or give security for the record on appeal after a
9-15 hearing in response to an affidavit by the defendant, the court
9-16 shall order the reporter to prepare the record without charge to
9-17 the defendant. If the case is reversed on appeal, the court shall
9-18 promptly refund the cost to the defendant.
9-19 Sec. 30.01606. TRANSCRIPT. (a) The clerk of the municipal
9-20 court of record shall prepare under the clerk's hand and the seal
9-21 of the court a transcript of the proceedings in the municipal court
9-22 of record after payment of the transcript preparation fee under
9-23 Section 30.01604. The clerk shall prepare the transcript under
9-24 written instructions from the defendant or the defendant's
9-25 attorney. Unless otherwise agreed by the parties in writing, the
9-26 transcript must include a copy of:
10-1 (1) the complaint;
10-2 (2) court orders on any motions or exceptions;
10-3 (3) the judgment;
10-4 (4) the verdict of the jury;
10-5 (5) any findings of fact or conclusions of law made by
10-6 the court;
10-7 (6) the motion for new trial and the order of the
10-8 court on the motion;
10-9 (7) the notice of appeal;
10-10 (8) any statement of the parties regarding material to
10-11 be included in the record;
10-12 (9) the appeal bond; and
10-13 (10) any signed paper designated as material by either
10-14 party.
10-15 (b) The defendant or the defendant's attorney shall file a
10-16 copy of the written instructions with the clerk and shall deliver a
10-17 copy to the city attorney.
10-18 (c) The city attorney shall file a written direction to the
10-19 clerk if additional portions of the trial proceedings in the
10-20 transcript are to be included.
10-21 Sec. 30.01607. STATEMENT OF FACTS. (a) A statement of
10-22 facts included in the record on appeal must contain:
10-23 (1) a transcription of all or any part of the
10-24 municipal court of record proceedings in the case as recorded on
10-25 the electronic recording device or shown by the notes of the court
10-26 reporter recorded or taken before, during, or after the trial, if
11-1 the transcription is requested by a party, a party's attorney, or
11-2 the municipal judge;
11-3 (2) a brief statement of the facts of the case proven
11-4 at the trial as agreed to by the defendant or the defendant's
11-5 attorney and the prosecuting attorney; or
11-6 (3) a partial transcription and the agreed statement
11-7 of the facts of the case.
11-8 (b) The court reporter shall transcribe in duplicate any
11-9 portion of the recorded proceedings or the notes of the court
11-10 proceedings in the case at the request of either party or the
11-11 municipal judge. The defendant shall pay for the transcription
11-12 unless the court finds, after hearing in response to an affidavit
11-13 by the defendant, that the defendant is unable to pay or give
11-14 security for the transcription. On certification by the court that
11-15 the court reporter has rendered the service without charge to the
11-16 defendant, the court reporter shall be paid for the services by the
11-17 city.
11-18 Sec. 30.01608. TRANSFER OF RECORD. The parties must file
11-19 the transcript and the statement of facts with the clerk of the
11-20 municipal court of record not later than the 60th day after the
11-21 date on which the transcript preparation fee was paid. The clerk
11-22 shall promptly forward them to the appellate court clerk.
11-23 Sec. 30.01609. BRIEF ON APPEAL. (a) The defendant must
11-24 file a brief on appeal with the appellate court clerk not later
11-25 than the 15th day after the date on which the transcript and
11-26 statement of facts are filed with that clerk.
12-1 (b) The city attorney must file appellee's brief with the
12-2 appellate court clerk not later than the 15th day after the date on
12-3 which the defendant's brief is filed.
12-4 (c) To avoid unnecessary delay, the record and briefs on
12-5 appeal shall be limited as far as possible to the questions relied
12-6 on for reversal.
12-7 (d) On filing, each party shall deliver a copy of the brief
12-8 to the opposing counsel.
12-9 Sec. 30.01610. PROCEDURE; DISPOSITION ON APPEAL. (a) The
12-10 appellate court shall hear appeals from the municipal court of
12-11 record at the earliest possible time with due regard to the rights
12-12 of the parties and the proper administration of justice. The court
12-13 may determine the rules for oral argument. The case may be
12-14 submitted on the record and briefs without oral argument.
12-15 (b) According to the law and the nature of the case, the
12-16 appellate court may:
12-17 (1) affirm the judgment of the municipal court of
12-18 record;
12-19 (2) reverse and remand for a new trial;
12-20 (3) reverse and dismiss the case; or
12-21 (4) reform and correct the judgment.
12-22 (c) Unless the matter was made an issue in the trial court
12-23 or it affirmatively appears to the contrary from the transcript or
12-24 the statement of facts, the appellate court shall presume that:
12-25 (1) venue was proven in the trial court;
12-26 (2) the jury, if any, was properly impaneled and
13-1 sworn;
13-2 (3) the defendant was arraigned and pleaded to the
13-3 complaint; and
13-4 (4) the municipal judge certified the charge and the
13-5 clerk filed the charge before it was read to the jury.
13-6 (d) In each case decided by the appellate court, the court
13-7 shall deliver a written opinion or order either sustaining or
13-8 overruling each assignment of error presented. The court need not
13-9 give a reason for overruling an assignment of error, but it may
13-10 cite the cases on which it relied. If an assignment of error is
13-11 sustained, the court shall set forth the reasons for the decision.
13-12 The appellate court clerk shall mail copies of the decision to the
13-13 parties and to the municipal judge as soon as the decision is
13-14 rendered.
13-15 Sec. 30.01611. CERTIFICATE OF APPELLATE PROCEEDINGS. When
13-16 the judgment of the appellate court becomes final, the clerk of
13-17 that court shall certify the proceedings and the judgment and shall
13-18 mail the certificate to the clerk of the municipal court of record.
13-19 When the clerk of the municipal court of record receives the
13-20 record, the clerk shall file the record with the papers in the case
13-21 and note the filing on the docket of the municipal court of record.
13-22 If the municipal court of record judgment is affirmed, further
13-23 action to enforce the judgment is not necessary except to:
13-24 (1) forfeit the bond of the defendant;
13-25 (2) issue a writ of capias for the defendant; or
13-26 (3) issue an execution against the defendant's
14-1 property.
14-2 Sec. 30.01612. EFFECT OF ORDER OF NEW TRIAL. If the
14-3 appellate court awards a new trial to the defendant, the case
14-4 stands as if a new trial had been granted by the municipal court of
14-5 record.
14-6 Sec. 30.01613. APPEAL TO COURT OF APPEALS. An appeal of the
14-7 appellate court decision to the court of appeals is governed by the
14-8 Code of Criminal Procedure, except that the transcript, briefs, and
14-9 statement of facts filed in the appellate court constitute the
14-10 transcript, briefs, and statement of facts on appeal to the court
14-11 of appeals unless the rules of the court of criminal appeals
14-12 provide otherwise.
14-13 SECTION 2. The importance of this legislation and the
14-14 crowded condition of the calendars in both houses create an
14-15 emergency and an imperative public necessity that the
14-16 constitutional rule requiring bills to be read on three several
14-17 days in each house be suspended, and this rule is hereby suspended,
14-18 and that this Act take effect and be in force from and after its
14-19 passage, and it is so enacted.