By: Wentworth S.B. No. 1825 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation of a municipal court of record in Hill 1-2 Country Village. 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 QQ to read as follows: 1-6 SUBCHAPTER QQ. HILL COUNTRY VILLAGE 1-7 Sec. 30.01631. APPLICATION. This subchapter applies to the 1-8 city of Hill Country Village. 1-9 Sec. 30.01632. 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 shall give each court a numerical designation, beginning 1-17 with "Municipal Court of Record No. 1." 1-18 (b) A municipal court of record may not exist concurrently 1-19 with municipal courts that are not courts of record in the city. 1-20 (c) A municipal court of record has no terms and may sit at 1-21 any time for the transaction of the business of the court. 1-22 Sec. 30.01633. APPLICATION OF OTHER LAWS. The general law 2-1 regarding municipal courts, the general law regarding justice 2-2 courts on matters not covered by the law regarding municipal 2-3 courts, and any charter provision or ordinance of the city relating 2-4 to the municipal court apply to a municipal court of record unless 2-5 the law, charter provision, or ordinance is in conflict or 2-6 inconsistent with this subchapter. 2-7 Sec. 30.01634. JUDGE. (a) A municipal court of record is 2-8 presided over by a municipal judge. 2-9 (b) If there is more than one municipal judge in the city, 2-10 the governing body of the city shall appoint one of the judges to 2-11 be the chief judge. 2-12 (c) A municipal judge, including the chief judge, is 2-13 appointed by the governing body of the city for a term of two 2-14 years. 2-15 (d) A municipal judge must be a licensed attorney in good 2-16 standing in this state and must have at least two years of 2-17 experience in the practice of law in this state. The judge must be 2-18 a citizen of the United States and of this state. The judge shall 2-19 devote as much time to the office as it requires. 2-20 (e) If there is more than one municipal court of record in 2-21 the city, the judges may exchange benches and may sit and act for 2-22 each other in any proceeding pending in the courts. An act 2-23 performed by any of the judges is binding on all parties to the 2-24 proceeding. 2-25 (f) A municipal judge is entitled to a salary from the city, 2-26 the amount of which is determined by the governing body of the city 3-1 and may not be diminished during the judge's term of office. The 3-2 salary may not be based directly or indirectly on fines, fees, or 3-3 costs collected by the court. 3-4 (g) A municipal judge may be removed from office by the 3-5 governing body of the city at any time for incompetence, 3-6 misconduct, malfeasance, or disability. 3-7 (h) A municipal judge shall take judicial notice of the city 3-8 ordinances and the corporate limits of the city in a case tried 3-9 before a municipal court of record. A municipal judge may grant 3-10 writs of mandamus, injunction, and attachment and other writs 3-11 necessary to the enforcement of the jurisdiction of the court and 3-12 may issue writs of habeas corpus in cases in which the offense 3-13 charged is within the jurisdiction of the court. 3-14 (i) The governing body of the city shall appoint a qualified 3-15 person to fill a vacancy in the office of municipal judge. 3-16 (j) The governing body may appoint one or more qualified 3-17 persons to be available to serve for a municipal judge who is 3-18 temporarily absent due to illness, family death, or continuing 3-19 legal or judicial education programs or for any other reason. The 3-20 chief judge, or the municipal judge if there is no chief judge, 3-21 shall select one of the persons appointed by the governing body to 3-22 serve during an absence. An alternate judge, while serving, has 3-23 all the powers and shall discharge all the duties of a municipal 3-24 judge. An alternate judge must have the same qualifications as a 3-25 municipal judge. 3-26 Sec. 30.01635. CLERK; OTHER PERSONNEL. The city secretary 4-1 shall be, ex officio, the clerk of the municipal court of record 4-2 and may hire, direct, and remove the personnel authorized in the 4-3 city's annual budget for the clerk's office. The clerk or the 4-4 clerk's deputies shall keep the records of the municipal courts of 4-5 record, issue process, and generally perform the duties for the 4-6 courts that a clerk of the county court exercising criminal 4-7 jurisdiction is required by law to perform for that court. The 4-8 clerk shall perform the duties in accordance with statutes, the 4-9 city charter, and city ordinances. 4-10 Sec. 30.01636. COURT REPORTER. (a) The city shall provide 4-11 a court reporter for the purpose of preserving a record in cases 4-12 tried before the municipal court of record. The clerk of the court 4-13 shall appoint the court reporter, who must meet the qualifications 4-14 provided by law for official court reporters. The reporter shall 4-15 be compensated by the city in the manner determined by the 4-16 governing body of the city. 4-17 (b) The court reporter may use written notes, transcribing 4-18 equipment, video or audio recording equipment, or a combination of 4-19 those methods to record the proceedings of the court. The court 4-20 reporter shall keep the record for the 20-day period beginning the 4-21 date after the last day of the court proceeding, trial, or denial 4-22 of motion for new trial, whichever occurs last. 4-23 (c) The court reporter is not required to record testimony 4-24 in a case unless the judge or one of the parties requests a record. 4-25 A party's request for a record must be in writing and be filed with 4-26 the court before trial. 5-1 (d) The governing body may provide that in lieu of providing 5-2 a court reporter at trial, proceedings in a municipal court of 5-3 record may be recorded by a good quality electronic recording 5-4 device. If the governing body authorizes the electronic recording, 5-5 the court reporter need not be present at trial to certify the 5-6 statement of facts. The recording shall be kept and stored for the 5-7 20-day period beginning the day after the last day of the 5-8 proceeding, trial, or denial of motion for new trial, whichever 5-9 occurs last. The proceedings that are appealed shall be 5-10 transcribed from the recording by an official court reporter. 5-11 Sec. 30.01637. PROSECUTIONS BY CITY ATTORNEY. All 5-12 prosecutions in the municipal court of record must be conducted by 5-13 the city attorney or an assistant or deputy city attorney. 5-14 Sec. 30.1638. JURY. (a) A person who is brought before a 5-15 municipal court of record and who is charged with an offense is 5-16 entitled to be tried by a jury of six persons unless that right is 5-17 waived according to law. The jury shall decide all questions of 5-18 fact or credibility of witnesses. The court shall determine all 5-19 matters of law and shall charge the jury on the law. 5-20 (b) A juror who serves in the municipal court of record must 5-21 meet the qualifications provided by Chapter 62. 5-22 Sec. 30.01639. APPEAL. (a) A defendant has the right of 5-23 appeal from a judgment or conviction in a municipal court of record 5-24 as provided by this subchapter. The county courts at law of Bexar 5-25 County have jurisdiction over an appeal. The state has no right to 5-26 an appeal or to a new trial. 6-1 (b) The appellate court shall determine each appeal from a 6-2 municipal court of record conviction on the basis of the errors 6-3 that are set forth in the defendant's motion for new trial and that 6-4 are presented in the transcript and statement of facts prepared 6-5 from the proceedings leading to the conviction. An appeal from the 6-6 municipal court of record may not be by trial de novo. 6-7 (c) To perfect an appeal the defendant must file with the 6-8 municipal court clerk a written motion for new trial not later than 6-9 the 10th day after the date on which judgment is rendered. The 6-10 motion must set forth the points of error of which the defendant 6-11 complains. The motion or amended motion may be amended by leave of 6-12 court at any time before action on the motion is taken but not 6-13 later than the 20th day after the date on which the original or 6-14 amended motion is filed. The court may for good cause extend the 6-15 time for filing or amending, but the extension may not exceed 90 6-16 days from the original filing deadline. If the court does not act 6-17 on the motion before the expiration of the 30 days allowed for 6-18 determination of the motion, the original or amended motion is 6-19 overruled by operation of law. 6-20 (d) To perfect an appeal the defendant must also give notice 6-21 of the appeal. If the defendant requests a hearing on the motion 6-22 for new trial, the defendant may give the notice of appeal orally 6-23 in open court on the overruling of the motion. If there is no 6-24 hearing, the defendant must give written notice of appeal and must 6-25 file the notice with the court not later than the 10th day after 6-26 the date on which the motion is overruled. The court may for good 7-1 cause extend that time period, but the extension may not exceed 90 7-2 days from the original filing deadline. 7-3 Sec. 30.01640. APPEAL BOND. (a) If the defendant is not in 7-4 custody, the defendant may not take an appeal until the defendant 7-5 files an appeal bond with the municipal court of record. The bond 7-6 must be approved by the court and must be filed not later than the 7-7 10th day after the date on which the motion for new trial is 7-8 overruled. If the defendant is in custody, the defendant shall be 7-9 committed to jail unless the defendant posts the appeal bond. 7-10 (b) The appeal bond must be in the amount of $50 or double 7-11 the amount of the fine and costs adjudged against the defendant, 7-12 whichever is greater. The bond must state that the defendant was 7-13 convicted in the case and has appealed, must be payable to the 7-14 state for the use and benefit of the city, and must be conditioned 7-15 on the defendant's appearance in the court to which the appeal is 7-16 taken. 7-17 Sec. 30.01641. RECORD ON APPEAL. The record on appeal 7-18 consists of a transcript and, if necessary to the appeal, a 7-19 statement of facts. The court reporter shall prepare the record 7-20 from the reporter's record or mechanical or video recordings of the 7-21 proceedings. The defendant shall pay for the cost of the 7-22 transcription. If the court finds that the defendant is unable to 7-23 pay or give security for the record on appeal after a hearing in 7-24 response to an affidavit by the defendant, the court shall order 7-25 the reporter to prepare the record without charge to the defendant. 7-26 If the case is reversed on appeal, the court shall promptly refund 8-1 the cost to the defendant. 8-2 Sec. 30.01642. TRANSCRIPT. (a) On the written request of 8-3 the defendant or the defendant's attorney, the municipal court 8-4 clerk shall prepare under the clerk's hand and seal a transcript of 8-5 the municipal court of record proceedings. The transcript must 8-6 include copies of: 8-7 (1) the complaint; 8-8 (2) material docket entries made by the court; 8-9 (3) the jury charge and verdict in a jury trial; 8-10 (4) the judgment; 8-11 (5) the motion for new trial; 8-12 (6) the notice of appeal; 8-13 (7) written motions and pleas; 8-14 (8) written orders of the court; 8-15 (9) any bills of exception filed with the court; 8-16 (10) the appeal bond; and 8-17 (11) exhibits admitted into evidence. 8-18 (b) The clerk may include in the transcript additional 8-19 portions of the proceedings in the court prepared from mechanical 8-20 or video recordings. 8-21 Sec. 30.01643. BILLS OF EXCEPTION. Either party may include 8-22 bills of exception in the transcript subject to the applicable 8-23 provisions of the Texas Rules of Appellate Procedure. The bills of 8-24 exception must be filed with the municipal court clerk not later 8-25 than the 60th day after the date on which the notice of appeal is 8-26 given or filed. 9-1 Sec. 30.01644. STATEMENTS OF FACTS. A statement of facts 9-2 included in the record on appeal must contain: 9-3 (1) a transcript of all or part of the municipal court 9-4 of record proceedings that are shown by the notes of the court 9-5 reporter to have occurred before, during, or after the trial if the 9-6 transcript is requested by the defendant; 9-7 (2) a brief statement of the facts of the case proven 9-8 at trial as agreed to by the defendant and the prosecuting 9-9 attorney; 9-10 (3) a partial transcript and the agreed statement of 9-11 the facts of the case; or 9-12 (4) a transcript of all or part of the municipal court 9-13 of record proceedings in the case that is prepared from mechanical 9-14 or video recordings of the proceedings. 9-15 Sec. 30.01645. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. 9-16 (a) Not later than the 60th day after the date on which the notice 9-17 of appeal is given or filed, the parties must file with the 9-18 municipal court clerk: 9-19 (1) the statement of facts; 9-20 (2) a written description of material to be included 9-21 in the transcript in addition to the required material; and 9-22 (3) any material to be included in the transcript that 9-23 is not in the custody of the clerk. 9-24 (b) On completion of the record, the municipal judge shall 9-25 approve the record in the manner provided for record completion, 9-26 approval, and notification in the court of appeals. 10-1 (c) After the court approves the records the clerk shall 10-2 promptly send it to the appellate court clerk for filing. The 10-3 appellate court clerk shall notify the defendant and the 10-4 prosecuting attorney that the record has been filed. 10-5 Sec 30.01646. BRIEF ON APPEAL. (a) A defendant's brief on 10-6 appeal from a municipal court of record must present points of 10-7 error in the manner required by law for a brief on appeal to the 10-8 court of appeals. 10-9 (b) The defendant must file the brief with the appellate 10-10 court clerk not later than the 15th day after the date on which the 10-11 transcript and statement of facts are filed with that clerk. The 10-12 defendant or the defendant's attorney must certify that the brief 10-13 has been properly mailed to the prosecuting attorney. 10-14 (c) The prosecuting attorney must file the appellee's brief 10-15 with the appellate court clerk not later than the 15th day after 10-16 the date on which the defendant's brief is filed. 10-17 (d) On filing, each party shall deliver a copy of the brief 10-18 to the opposing party and to the municipal judge. 10-19 Sec. 30.01647. COURT RULES. (a) Except as modified by this 10-20 subchapter, the Code of Criminal Procedure governs the trial of 10-21 cases before the municipal court of record. The court may make and 10-22 enforce all rules of practice and procedure necessary to expedite 10-23 the trial of cases before the court that are not inconsistent with 10-24 general law. 10-25 (b) The appellate courts may make and enforce all rules of 10-26 practice and procedure that are not inconsistent with general law 11-1 and that are necessary to expedite the dispatch of appeals from the 11-2 municipal court of record. 11-3 Sec. 30.01648. DISPOSITION ON APPEAL. (a) According to law 11-4 and the nature of the case, the appellate court may: 11-5 (1) affirm the judgment of the municipal court of 11-6 record; 11-7 (2) reverse and remand for a new trial; 11-8 (3) reverse and dismiss the case; or 11-9 (4) reform and correct the judgment. 11-10 (b) Unless the matter was made an issue in the trial court 11-11 or it affirmatively appears to the contrary from the transcript or 11-12 the statement of facts, the appellate court shall presume that: 11-13 (1) venue was proven in the trial court; 11-14 (2) the jury, if any, was properly impaneled and 11-15 sworn; 11-16 (3) the defendant was arraigned and pleaded to the 11-17 complaint; and 11-18 (4) the municipal judge certified the charge before it 11-19 was read to the jury. 11-20 (c) In each case decided by the appellate court, the court 11-21 shall deliver a written opinion or order either sustaining or 11-22 overruling each assignment of error presented. The court shall set 11-23 forth the reasons for its decision. The appellate court clerk 11-24 shall mail copies of the decision to the parties and to the 11-25 municipal judge as soon as the decision is rendered. 11-26 Sec. 30.01649. CERTIFICATE OF APPELLATE PROCEEDINGS. When 12-1 the judgment of the appellate court becomes final, the clerk of 12-2 that court shall certify the proceedings and the judgment and shall 12-3 mail the certificate to the municipal court. The municipal court 12-4 clerk shall file the certificate with the papers in the case and 12-5 note the certificate on the case docket. If the municipal court of 12-6 record judgment is affirmed, further action to enforce the judgment 12-7 is not necessary except to: 12-8 (1) forfeit the bond of the defendant; 12-9 (2) issue a writ of capias for the defendant; or 12-10 (3) issue an execution against the defendant's 12-11 property. 12-12 Sec. 30.01650. EFFECT OF ORDER ON NEW TRIAL. If the 12-13 appellate court awards a new trial to the defendant, the case 12-14 stands as if a new trial had been granted by the municipal court of 12-15 record. 12-16 Sec. 30.01651. APPEAL TO COURT OF APPEALS. The defendant 12-17 has the right to appeal to the court of appeals if the fine 12-18 assessed against the defendant exceeds $100 and if the judgment is 12-19 affirmed by the appellate court. The provisions of the Code of 12-20 Criminal Procedure relating to direct appeals from a county or a 12-21 district court to the court of appeals apply to the appeal, except 12-22 that: 12-23 (1) the record and briefs on appeal in the appellate 12-24 court constitute the record and briefs on appeal to the court of 12-25 appeals unless the rules of the court of criminal appeals provide 12-26 otherwise; and 13-1 (2) the record and briefs shall be filed directly with 13-2 the court of appeals.