1-1 By: Nelson S.B. No. 589 1-2 (In the Senate - Filed February 18, 1999; February 22, 1999, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; March 4, 1999, reported favorably by the following vote: 1-5 Yeas 5, Nays 0; March 4, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation of a municipal court of record in Farmers 1-9 Branch. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 30, Government Code, is amended by adding 1-12 Subchapter PP to read as follows: 1-13 SUBCHAPTER PP. FARMERS BRANCH 1-14 Sec. 30.01591. APPLICATION. This subchapter applies to the 1-15 City of Farmers Branch. 1-16 Sec. 30.01592. CREATION. (a) The governing body of the 1-17 city may by ordinance create a municipal court of record if it 1-18 determines that the formation of the court is necessary to provide 1-19 a more efficient disposition of cases arising in the city. The 1-20 governing body may by ordinance determine the number of municipal 1-21 courts of record that are required to dispose of the cases and may 1-22 establish as many as are needed. The ordinance establishing the 1-23 courts must give each court a numerical designation, beginning with 1-24 "Municipal Court No. 1." 1-25 (b) On creation of the initial municipal court of record, 1-26 the governing body of the city shall determine the method of 1-27 selecting the judge of a municipal court of record by: 1-28 (1) adopting an ordinance that provides for the 1-29 appointment of a municipal judge by the governing body of the city; 1-30 (2) adopting an ordinance that provides for the 1-31 election of a municipal judge by the qualified voters of the city; 1-32 or 1-33 (3) ordering an election in which the qualified voters 1-34 of the city determine whether a municipal judge is appointed by the 1-35 governing body of the city or elected. 1-36 (c) A municipal court of record may not exist concurrently 1-37 with municipal courts that are not courts of record in the city. 1-38 (d) A municipal court of record has no terms and may sit at 1-39 any time for the transaction of business of the court. 1-40 Sec. 30.01593. JURISDICTION. (a) A municipal court of 1-41 record created under this subchapter has jurisdiction within the 1-42 territorial limits of the city in all criminal cases arising under 1-43 the ordinances of the city. 1-44 (b) The court has concurrent jurisdiction with a justice of 1-45 the peace in any precinct in which the city is located in criminal 1-46 cases within the justice court jurisdiction that: 1-47 (1) arise within the territorial limits of the city; 1-48 and 1-49 (2) are punishable by fine only. 1-50 (c) The court has jurisdiction over cases arising outside 1-51 the territorial limits of the city under ordinances authorized by 1-52 Section 215.072, 217.042, 341.903, or 401.002, Local Government 1-53 Code. 1-54 Sec. 30.01594. WRIT POWER. The judge of a municipal court 1-55 of record created under this subchapter may grant writs of 1-56 mandamus, injunction, attachment, and other writs necessary to the 1-57 enforcement of the jurisdiction of the court and may issue writs of 1-58 habeas corpus in cases in which the offense charged is within the 1-59 jurisdiction of the court. 1-60 Sec. 30.01595. APPLICATION OF OTHER LAWS. The general law 1-61 regarding municipal courts of record, the general law regarding 1-62 justice courts on matters not covered by the law regarding 1-63 municipal courts, and any charter provision or ordinance of the 1-64 city relating to the municipal court apply to a municipal court of 2-1 record unless the law, charter provision, or ordinance is in 2-2 conflict or inconsistent with this subchapter. 2-3 Sec. 30.01596. JUDGE. (a) A municipal court of record is 2-4 presided over by a municipal judge. The municipal judge must be a 2-5 licensed attorney in good standing in this state. The judge must 2-6 be a citizen of the United States and a resident of this state but 2-7 need not be a resident of the city. The municipal judge shall 2-8 devote full time to the duties of the office as necessary. 2-9 (b) If more than one municipal court of record is created, 2-10 judges of each municipal court of record may at any time exchange 2-11 benches and sit and act for each other in any pending case, matter, 2-12 or proceeding. 2-13 (c) A municipal judge is entitled to receive a salary and 2-14 other benefits set by the governing body of the city. The judge's 2-15 salary may not be diminished during the term of office. The salary 2-16 may not be based directly or indirectly on fines, fees, or other 2-17 costs that the municipal judge is required by law to collect during 2-18 a term of office. 2-19 Sec. 30.01597. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL. 2-20 (a) If a vacancy occurs in the office of municipal judge, the 2-21 governing body of the city shall appoint a qualified person to fill 2-22 the office for the remainder of the unexpired term. 2-23 (b) The governing body of the city may appoint persons as 2-24 relief municipal judges, who shall be known as assistant municipal 2-25 judges. An assistant judge must meet the qualifications prescribed 2-26 for the municipal judge. The governing body shall set the 2-27 compensation of the assistant judges. The municipal judge may 2-28 assign an assistant judge to act for a municipal judge who is 2-29 temporarily unable to act for any reason. An assistant judge has 2-30 all the powers and duties of the office while acting for the 2-31 municipal judge. 2-32 (c) A municipal judge or assistant municipal judge may be 2-33 removed from office in the manner prescribed for removal of a 2-34 county court at law judge. 2-35 Sec. 30.01598. CLERK; OTHER PERSONNEL. (a) The city 2-36 manager shall appoint a clerk of the municipal court of record, who 2-37 shall be known as the municipal court clerk. 2-38 (b) The clerk or the clerk's deputies shall keep the records 2-39 of the municipal courts of record, issue process, and generally 2-40 perform the duties for the court that a clerk of the county court 2-41 exercising criminal jurisdiction is required by law to perform for 2-42 that court. The clerk shall perform the duties in accordance with 2-43 statutes, the city charter, and city ordinances. 2-44 (c) The clerk may hire, direct, and remove the personnel 2-45 authorized in the city's annual budget for the clerk's office. 2-46 Sec. 30.01599. COURT REPORTER. (a) The city shall provide 2-47 a court reporter for the purpose of preserving a record in cases 2-48 tried before the municipal court of record. The clerk of the court 2-49 shall appoint the court reporter, who must meet the qualifications 2-50 provided by law for official court reporters. 2-51 (b) The clerk may provide that, instead of providing a court 2-52 reporter at trial, proceedings in a municipal court of record may 2-53 be recorded by a good quality electronic recording device. If the 2-54 recording device is used, the court reporter need not be present at 2-55 trial to record the proceedings. The proceedings that are appealed 2-56 shall be transcribed from the recording by an official court 2-57 reporter. 2-58 (c) The clerk may provide for the use of written notes, 2-59 transcribing equipment, or a combination of those methods to record 2-60 the proceedings of the court. The court reporter shall keep the 2-61 record for a 20-day period beginning the day after the last day of 2-62 the court proceeding, trial, or denial of motion for new trial, 2-63 whichever occurs last. 2-64 (d) No one is required to record testimony in a case unless 2-65 the judge or one of the parties requests a record. A party's 2-66 request for a record must be in writing and must be filed with the 2-67 court before trial. 2-68 (e) The court reporter shall certify the official record. 2-69 Sec. 30.01600. PROSECUTION BY CITY ATTORNEY. All 3-1 prosecutions in the municipal court of record must be conducted by 3-2 the city attorney or an assistant or deputy city attorney. 3-3 Sec. 30.01601. COMPLAINT; PLEADING. (a) A proceeding in a 3-4 municipal court of record begins with the filing of a complaint. A 3-5 complaint must begin "In the name and by authority of the State of 3-6 Texas" and must conclude "Against the peace and dignity of the 3-7 State." 3-8 (b) Complaints must comply with Article 45.17, Code of 3-9 Criminal Procedure. 3-10 (c) Pleadings must be in writing and must be filed with the 3-11 municipal court clerk. 3-12 Sec. 30.01602. JURY. (a) A person brought before the 3-13 municipal court of record and charged with an offense is entitled 3-14 to be tried by a jury of six persons, unless that right is waived 3-15 according to law. 3-16 (b) A juror for the municipal court of record must have the 3-17 qualifications required of jurors by law and must be a resident of 3-18 the city. 3-19 (c) A juror is entitled to receive the compensation for each 3-20 day and each fraction of a day in attendance on a municipal court 3-21 of record jury as provided by Chapter 61. 3-22 (d) The municipal court clerk shall establish a fair, 3-23 impartial, and objective juror selection process. 3-24 Sec. 30.01603. COURT RULES. (a) Except as modified by this 3-25 subchapter, the Code of Criminal Procedure as applied to county 3-26 courts at law governs the trial of cases before municipal courts of 3-27 record. 3-28 (b) Bonds must be payable to the state for the use and 3-29 benefit of the city. The court may not assess court costs other 3-30 than warrant fees, capias fees, and other fees authorized for 3-31 municipal courts. 3-32 (c) A peace officer may serve a process issued by a 3-33 municipal court of record. 3-34 (d) On conviction, judgment and sentence are in the name of 3-35 the state, and the state recovers from the defendant the fine and 3-36 fees for the use and benefit of the city. The court may require 3-37 that the defendant remain in the custody of the chief of police 3-38 until the fines and costs are paid and shall order that execution 3-39 issue to collect the fines and penalties. 3-40 (e) Fines, fees, costs, and bonds shall be paid to the 3-41 municipal court clerk, who shall deposit them in the city general 3-42 fund. 3-43 Sec. 30.01604. APPEAL. (a) A defendant has the right of 3-44 appeal from a judgment of conviction in a municipal court of record 3-45 as provided by this subchapter. The state has the right to an 3-46 appeal as provided by Article 44.01, Code of Criminal Procedure. 3-47 The county criminal courts of appeal of Dallas County have 3-48 jurisdiction of appeals from the municipal courts of record. 3-49 (b) The appellate court shall determine each appeal from a 3-50 municipal court of record conviction on the basis of the errors 3-51 that are set forth in the defendant's motion for new trial and that 3-52 are presented in the transcript and statement of facts prepared 3-53 from the proceedings leading to the conviction. An appeal from the 3-54 municipal court of record may not be by trial de novo. 3-55 (c) To perfect an appeal, the defendant must file a motion 3-56 for new trial not later than the 10th day after the date on which 3-57 the judgment and sentence are rendered. The motion must be in 3-58 writing and must be filed with the clerk of the municipal court of 3-59 record. The motion constitutes the assignment of error on appeal. 3-60 A ground or an error not set forth in the motion is waived. If the 3-61 court does not act on the motion before the expiration of 30 days 3-62 after it is filed with the clerk, the motion is overruled by 3-63 operation of law. 3-64 (d) After an order overruling a motion for new trial, the 3-65 defendant shall give written notice of appeal and pay the 3-66 transcript preparation fee not later than the 10th day after the 3-67 date on which the motion is overruled. The governing body shall 3-68 set a reasonable transcript preparation fee not to exceed $25. The 3-69 clerk shall note the payment of the fee on the docket of the court. 4-1 If the case is reversed on appeal, the fee shall be refunded to the 4-2 defendant. 4-3 (e) The city attorney or the assistant or deputy city 4-4 attorney shall prosecute all appeals from the municipal courts of 4-5 record. 4-6 Sec. 30.01605. APPEAL BOND; RECORD ON APPEAL. (a) If the 4-7 defendant is not in custody, the defendant may not take an appeal 4-8 until the defendant files an appeal bond with the municipal court 4-9 of record. The bond must be approved by the court and must be 4-10 filed not later than the 10th day after the date on which the 4-11 motion for new trial is overruled. If the defendant is in custody, 4-12 the defendant shall be committed to jail unless the defendant posts 4-13 the appeal bond. 4-14 (b) The appeal bond must be in the amount of $50 or double 4-15 the amount of fines and costs adjudged against the defendant, 4-16 whichever is greater. The bond must be payable to the state for 4-17 the use and benefit of the city and must be conditioned on the 4-18 defendant's immediate and daily personal appearance in the court to 4-19 which the appeal is taken. 4-20 (c) The record on appeal consists of a transcript and, if 4-21 necessary to appeal, a statement of facts. The court reporter 4-22 shall prepare the record from the reporter's record or mechanical 4-23 recordings of the proceedings. The defendant shall pay for the 4-24 cost of the transcription. If the court finds that the defendant 4-25 is unable to pay or give security for the record on appeal after a 4-26 hearing in response to an affidavit by the defendant, the court 4-27 shall order the reporter to prepare the record without charge to 4-28 the defendant. If the case is reversed on appeal, the court shall 4-29 promptly refund the cost to the defendant. 4-30 Sec. 30.01606. TRANSCRIPT. (a) The clerk of the municipal 4-31 court of record shall prepare under the clerk's hand and the seal 4-32 of the court a transcript of the proceedings in the municipal court 4-33 of record after payment of the transcript preparation fee under 4-34 Section 30.01604. The clerk shall prepare the transcript under 4-35 written instructions from the defendant or the defendant's 4-36 attorney. Unless otherwise agreed by the parties in writing, the 4-37 transcript must include a copy of: 4-38 (1) the complaint; 4-39 (2) court orders on any motions or exceptions; 4-40 (3) the judgment; 4-41 (4) the verdict of the jury; 4-42 (5) any findings of fact or conclusions of law made by 4-43 the court; 4-44 (6) the motion for new trial and the order of the 4-45 court on the motion; 4-46 (7) the notice of appeal; 4-47 (8) any statement of the parties regarding material to 4-48 be included in the record; 4-49 (9) the appeal bond; and 4-50 (10) any signed paper designated as material by either 4-51 party. 4-52 (b) The defendant or the defendant's attorney shall file a 4-53 copy of the written instructions with the clerk and shall deliver a 4-54 copy to the city attorney. 4-55 (c) The city attorney shall file a written direction to the 4-56 clerk if additional portions of the trial proceedings in the 4-57 transcript are to be included. 4-58 Sec. 30.01607. STATEMENT OF FACTS. (a) A statement of 4-59 facts included in the record on appeal must contain: 4-60 (1) a transcription of all or any part of the 4-61 municipal court of record proceedings in the case as recorded on 4-62 the electronic recording device or shown by the notes of the court 4-63 reporter recorded or taken before, during, or after the trial, if 4-64 the transcription is requested by a party, a party's attorney, or 4-65 the municipal judge; 4-66 (2) a brief statement of the facts of the case proven 4-67 at the trial as agreed to by the defendant or the defendant's 4-68 attorney and the prosecuting attorney; or 4-69 (3) a partial transcription and the agreed statement 5-1 of the facts of the case. 5-2 (b) The court reporter shall transcribe in duplicate any 5-3 portion of the recorded proceedings or the notes of the court 5-4 proceedings in the case at the request of either party or the 5-5 municipal judge. The defendant shall pay for the transcription 5-6 unless the court finds, after hearing in response to an affidavit 5-7 by the defendant, that the defendant is unable to pay or give 5-8 security for the transcription. On certification by the court that 5-9 the court reporter has rendered the service without charge to the 5-10 defendant, the court reporter shall be paid for the services by the 5-11 city. 5-12 Sec. 30.01608. TRANSFER OF RECORD. The parties must file 5-13 the transcript and the statement of facts with the clerk of the 5-14 municipal court of record not later than the 60th day after the 5-15 date on which the transcript preparation fee was paid. The clerk 5-16 shall promptly forward them to the appellate court clerk. 5-17 Sec. 30.01609. BRIEF ON APPEAL. (a) The defendant must 5-18 file a brief on appeal with the appellate court clerk not later 5-19 than the 15th day after the date on which the transcript and 5-20 statement of facts are filed with that clerk. 5-21 (b) The city attorney must file appellee's brief with the 5-22 appellate court clerk not later than the 15th day after the date on 5-23 which the defendant's brief is filed. 5-24 (c) To avoid unnecessary delay, the record and briefs on 5-25 appeal shall be limited as far as possible to the questions relied 5-26 on for reversal. 5-27 (d) On filing, each party shall deliver a copy of the brief 5-28 to the opposing counsel. 5-29 Sec. 30.01610. PROCEDURE; DISPOSITION ON APPEAL. (a) The 5-30 appellate court shall hear appeals from the municipal court of 5-31 record at the earliest possible time with due regard to the rights 5-32 of the parties and the proper administration of justice. The court 5-33 may determine the rules for oral argument. The case may be 5-34 submitted on the record and briefs without oral argument. 5-35 (b) According to the law and the nature of the case, the 5-36 appellate court may: 5-37 (1) affirm the judgment of the municipal court of 5-38 record; 5-39 (2) reverse and remand for a new trial; 5-40 (3) reverse and dismiss the case; or 5-41 (4) reform and correct the judgment. 5-42 (c) Unless the matter was made an issue in the trial court 5-43 or it affirmatively appears to the contrary from the transcript or 5-44 the statement of facts, the appellate court shall presume that: 5-45 (1) venue was proven in the trial court; 5-46 (2) the jury, if any, was properly impaneled and 5-47 sworn; 5-48 (3) the defendant was arraigned and pleaded to the 5-49 complaint; and 5-50 (4) the municipal judge certified the charge and the 5-51 clerk filed the charge before it was read to the jury. 5-52 (d) In each case decided by the appellate court, the court 5-53 shall deliver a written opinion or order either sustaining or 5-54 overruling each assignment of error presented. The court need not 5-55 give a reason for overruling an assignment of error, but it may 5-56 cite the cases on which it relied. If an assignment of error is 5-57 sustained, the court shall set forth the reasons for the decision. 5-58 The appellate court clerk shall mail copies of the decision to the 5-59 parties and to the municipal judge as soon as the decision is 5-60 rendered. 5-61 Sec. 30.01611. CERTIFICATE OF APPELLATE PROCEEDINGS. When 5-62 the judgment of the appellate court becomes final, the clerk of 5-63 that court shall certify the proceedings and the judgment and shall 5-64 mail the certificate to the clerk of the municipal court of record. 5-65 When the clerk of the municipal court of record receives the 5-66 record, the clerk shall file the record with the papers in the case 5-67 and note the filing on the docket of the municipal court of record. 5-68 If the municipal court of record judgment is affirmed, further 5-69 action to enforce the judgment is not necessary except to: 6-1 (1) forfeit the bond of the defendant; 6-2 (2) issue a writ of capias for the defendant; or 6-3 (3) issue an execution against the defendant's 6-4 property. 6-5 Sec. 30.01612. EFFECT OF ORDER OF NEW TRIAL. If the 6-6 appellate court awards a new trial to the defendant, the case 6-7 stands as if a new trial had been granted by the municipal court of 6-8 record. 6-9 Sec. 30.01613. APPEAL TO COURT OF APPEALS. An appeal of the 6-10 appellate court decision to the court of appeals is governed by the 6-11 Code of Criminal Procedure, except that the transcript, briefs, and 6-12 statement of facts filed in the appellate court constitute the 6-13 transcript, briefs, and statement of facts on appeal to the court 6-14 of appeals unless the rules of the court of criminal appeals 6-15 provide otherwise. 6-16 SECTION 2. The importance of this legislation and the 6-17 crowded condition of the calendars in both houses create an 6-18 emergency and an imperative public necessity that the 6-19 constitutional rule requiring bills to be read on three several 6-20 days in each house be suspended, and this rule is hereby suspended, 6-21 and that this Act take effect and be in force from and after its 6-22 passage, and it is so enacted. 6-23 * * * * *