1-1     By:  Wentworth                                        S.B. No. 1825
 1-2           (In the Senate - Filed March 18, 1999; March 22, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 8, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; April 8, 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 Hill
 1-9     Country Village.
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 QQ to read as follows:
1-13                     SUBCHAPTER QQ. HILL COUNTRY VILLAGE
1-14           Sec. 30.01631.  APPLICATION.  This subchapter applies to the
1-15     City of Hill Country Village.
1-16           Sec. 30.01632.  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 shall give each court a numerical designation, beginning
1-24     with "Municipal Court of Record No. 1."
1-25           (b)  A municipal court of record may not exist concurrently
1-26     with municipal courts that are not courts of record in the city.
1-27           (c)  A municipal court of record has no terms and may sit at
1-28     any time for the transaction of the business of the court.
1-29           Sec. 30.01633.  APPLICATION OF OTHER LAWS.  The general law
1-30     regarding municipal courts, the general law regarding justice
1-31     courts on matters not covered by the law regarding municipal
1-32     courts, and any charter provision or ordinance of the city relating
1-33     to the municipal court apply to a municipal court of record unless
1-34     the law, charter provision, or ordinance is in conflict or
1-35     inconsistent with this subchapter.
1-36           Sec. 30.01634.  JUDGE.  (a)  A municipal court of record is
1-37     presided over by a municipal judge.
1-38           (b)  If there is more than one municipal judge in the city,
1-39     the governing body of the city shall appoint one of the judges to
1-40     be the chief judge.
1-41           (c)  A municipal judge, including the chief judge, is
1-42     appointed by the governing body of the city for a term of two
1-43     years.
1-44           (d)  A municipal judge must be a licensed attorney in good
1-45     standing in this state and must have at least two years of
1-46     experience in the practice of law in this state.  The judge must be
1-47     a citizen of the United States and of this state.  The judge shall
1-48     devote as much time to the office as it requires.
1-49           (e)  If there is more than one municipal court of record in
1-50     the city, the judges may exchange benches and may sit and act for
1-51     each other in any proceeding pending in the courts.  An act
1-52     performed by any of the judges is binding on all parties to the
1-53     proceeding.
1-54           (f)  A municipal judge is entitled to a salary from the city,
1-55     the amount of which is determined by the governing body of the city
1-56     and may not be diminished during the judge's term of office.  The
1-57     salary may not be based directly or indirectly on fines, fees, or
1-58     costs collected by the court.
1-59           (g)  A municipal judge may be removed from office by the
1-60     governing body of the city at any time for incompetence,
1-61     misconduct, malfeasance, or disability.
1-62           (h)  A municipal judge shall take judicial notice of the city
1-63     ordinances and the corporate limits of the city in a case tried
1-64     before a municipal court of record.  A municipal judge may grant
 2-1     writs of mandamus, injunction, and attachment and other writs
 2-2     necessary to the enforcement of the jurisdiction of the court and
 2-3     may issue writs of habeas corpus in cases in which the offense
 2-4     charged is within the jurisdiction of the court.
 2-5           (i)  The governing body of the city shall appoint a qualified
 2-6     person to fill a vacancy in the office of municipal judge.
 2-7           (j)  The governing body may appoint one or more qualified
 2-8     persons to be available to serve for a municipal judge who is
 2-9     temporarily absent due to illness, family death, or continuing
2-10     legal or judicial education programs or for any other reason.  The
2-11     chief judge, or the municipal judge if there is no chief judge,
2-12     shall select one of the persons appointed by the governing body to
2-13     serve during an absence.  An alternate judge, while serving, has
2-14     all the powers and shall discharge all the duties of a municipal
2-15     judge.  An alternate judge must have the same qualifications as a
2-16     municipal judge.
2-17           Sec. 30.01635.  CLERK; OTHER PERSONNEL.  The city secretary
2-18     shall be, ex officio, the clerk of the municipal court of record
2-19     and may hire, direct, and remove the personnel authorized in the
2-20     city's annual budget for the clerk's office.  The clerk or the
2-21     clerk's deputies shall keep the records of the municipal courts of
2-22     record, issue process, and generally perform the duties for the
2-23     courts that a clerk of the county court exercising criminal
2-24     jurisdiction is required by law to perform for that court.  The
2-25     clerk shall perform the duties in accordance with statutes, the
2-26     city charter, and city ordinances.
2-27           Sec. 30.01636.  COURT REPORTER.  (a)  The city shall provide
2-28     a court reporter for the purpose of preserving a record in cases
2-29     tried before the municipal court of record.  The clerk of the court
2-30     shall appoint the court reporter, who must meet the qualifications
2-31     provided by law for official court reporters.  The reporter shall
2-32     be compensated by the city in the manner determined by the
2-33     governing body of the city.
2-34           (b)  The court reporter may use written notes, transcribing
2-35     equipment, video or audio recording equipment, or a combination of
2-36     those methods to record the proceedings of the court.  The court
2-37     reporter shall keep the record for the 20-day period beginning the
2-38     date after the last day of the court proceeding, trial, or denial
2-39     of motion for new trial, whichever occurs last.
2-40           (c)  The court reporter is not required to record testimony
2-41     in a case unless the judge or one of the parties requests a record.
2-42     A party's request for a record must be in writing and be filed with
2-43     the court before trial.
2-44           (d)  The governing body may provide that in lieu of providing
2-45     a court reporter at trial, proceedings in a municipal court of
2-46     record may be recorded by a good quality electronic recording
2-47     device.  If the governing body authorizes the electronic recording,
2-48     the court reporter need not be present at trial to certify the
2-49     statement of facts.  The recording shall be kept and stored for the
2-50     20-day period beginning the day after the last day of the
2-51     proceeding, trial, or denial of motion for new trial, whichever
2-52     occurs last.  The proceedings that are appealed shall be
2-53     transcribed from the recording by an official court reporter.
2-54           Sec. 30.01637.  PROSECUTIONS BY CITY ATTORNEY.  All
2-55     prosecutions in the municipal court of record must be conducted by
2-56     the city attorney or an assistant or deputy city attorney.
2-57           Sec. 30.01638.  JURY.  (a)  A person who is brought before a
2-58     municipal court of record and who is charged with an offense is
2-59     entitled to be tried by a jury of six persons unless that right is
2-60     waived according to law.  The jury shall decide all questions of
2-61     fact or credibility of witnesses.  The court shall determine all
2-62     matters of law and shall charge the jury on the law.
2-63           (b)  A juror who serves in the municipal court of record must
2-64     meet the qualifications provided by Chapter 62.
2-65           Sec. 30.01639.  APPEAL.  (a)  A defendant has the right of
2-66     appeal from a judgment or conviction in a municipal court of record
2-67     as provided by this subchapter.  The county courts at law of Bexar
2-68     County have jurisdiction over an appeal.  The state has no right to
2-69     an appeal or to a new trial.
 3-1           (b)  The appellate court shall determine each appeal from a
 3-2     municipal court of record conviction on the basis of the errors
 3-3     that are set forth in the defendant's motion for new trial and that
 3-4     are presented in the transcript and statement of facts prepared
 3-5     from the proceedings leading to the conviction.  An appeal from the
 3-6     municipal court of record may not be by trial de novo.
 3-7           (c)  To perfect an appeal the defendant must file with the
 3-8     municipal court clerk a written motion for new trial not later than
 3-9     the 10th day after the date on which judgment is rendered.  The
3-10     motion must set forth the points of error of which the defendant
3-11     complains.  The motion or amended motion may be amended by leave of
3-12     court at any time before action on the motion is taken but not
3-13     later than the 20th day after the date on which the original or
3-14     amended motion is filed.  The court may for good cause extend the
3-15     time for filing or amending, but the extension may not exceed 90
3-16     days from the original filing deadline.  If the court does not act
3-17     on the motion before the expiration of the 30 days allowed for
3-18     determination of the motion, the original or amended motion is
3-19     overruled by operation of law.
3-20           (d)  To perfect an appeal the defendant must also give notice
3-21     of the appeal.  If the defendant requests a hearing on the motion
3-22     for new trial, the defendant may give the notice of appeal orally
3-23     in open court on the overruling of the motion.  If there is no
3-24     hearing, the defendant must give written notice of appeal and must
3-25     file the notice with the court not later than the 10th day after
3-26     the date on which the motion is overruled.  The court may for good
3-27     cause extend that time period, but the extension may not exceed 90
3-28     days from the original filing deadline.
3-29           Sec. 30.01640.  APPEAL BOND.  (a)  If the defendant is not in
3-30     custody, the defendant may not take an appeal until the defendant
3-31     files an appeal bond with the municipal court of record.  The bond
3-32     must be approved by the court and must be filed not later than the
3-33     10th day after the date on which the motion for new trial is
3-34     overruled.  If the defendant is in custody, the defendant shall be
3-35     committed to jail unless the defendant posts the appeal bond.
3-36           (b)  The appeal bond must be in the amount of $50 or double
3-37     the amount of the fine and costs adjudged against the defendant,
3-38     whichever is greater.  The bond must state that the defendant was
3-39     convicted in the case and has appealed, must be payable to the
3-40     state for the use and benefit of the city, and must be conditioned
3-41     on the defendant's appearance in the court to which the appeal is
3-42     taken.
3-43           Sec. 30.01641.  RECORD ON APPEAL.  The record on appeal
3-44     consists of a transcript and, if necessary to the appeal, a
3-45     statement of facts.  The court reporter shall prepare the record
3-46     from the reporter's record or mechanical or video recordings of the
3-47     proceedings.   The defendant shall pay for the cost of the
3-48     transcription.  If the court finds that the defendant is unable to
3-49     pay or give security for the record on appeal after a hearing in
3-50     response to an affidavit by the defendant, the court shall order
3-51     the reporter to prepare the record without charge to the defendant.
3-52     If the case is reversed on appeal, the court shall promptly refund
3-53     the cost to the defendant.
3-54           Sec. 30.01642.  TRANSCRIPT.  (a)  On the written request of
3-55     the defendant or the defendant's attorney, the municipal court
3-56     clerk shall prepare under the clerk's hand and seal a transcript of
3-57     the municipal court of record proceedings.  The transcript must
3-58     include copies of:
3-59                 (1)  the complaint;
3-60                 (2)  material docket entries made by the court;
3-61                 (3)  the jury charge and verdict in a jury trial;
3-62                 (4)  the judgment;
3-63                 (5)  the motion for new trial;
3-64                 (6)  the notice of appeal;
3-65                 (7)  written motions and pleas;
3-66                 (8)  written orders of the court;
3-67                 (9)  any bills of exception filed with the court;
3-68                 (10)  the appeal bond; and
3-69                 (11)  exhibits admitted into evidence.
 4-1           (b)  The clerk may include in the transcript additional
 4-2     portions of the proceedings in the court prepared from mechanical
 4-3     or video recordings.
 4-4           Sec. 30.01643.  BILLS OF EXCEPTION.  Either party may include
 4-5     bills of exception in the transcript subject to the applicable
 4-6     provisions of the Texas Rules of Appellate Procedure.  The bills of
 4-7     exception must be filed with the municipal court clerk not later
 4-8     than the 60th day after the date on which the notice of appeal is
 4-9     given or filed.
4-10           Sec. 30.01644. STATEMENTS OF FACTS.  A statement of facts
4-11     included in the record on appeal must contain:
4-12                 (1)  a transcript of all or part of the municipal court
4-13     of record proceedings that are shown by the notes of the court
4-14     reporter to have occurred before, during, or after the trial if the
4-15     transcript is requested by the defendant;
4-16                 (2)  a brief statement of the facts of the case proven
4-17     at trial as agreed to by the defendant and the prosecuting
4-18     attorney;
4-19                 (3)  a partial transcript and the agreed statement of
4-20     the facts of the case; or
4-21                 (4)  a transcript of all or part of the municipal court
4-22     of record proceedings in the case that is prepared from mechanical
4-23     or video recordings of the proceedings.
4-24           Sec. 30.01645.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
4-25     (a)  Not later than the 60th day after the date on which the notice
4-26     of appeal is given or filed, the parties must file with the
4-27     municipal court clerk:
4-28                 (1)  the statement of facts;
4-29                 (2)  a written description of material to be included
4-30     in the transcript in addition to the required material; and
4-31                 (3)  any material to be included in the transcript that
4-32     is not in the custody of the clerk.
4-33           (b)  On completion of the record, the municipal judge shall
4-34     approve the record in the manner provided for record completion,
4-35     approval, and notification in the court of appeals.
4-36           (c)  After the court approves the record the clerk shall
4-37     promptly send it to the appellate court clerk for filing.  The
4-38     appellate court clerk shall notify the defendant and the
4-39     prosecuting attorney that the record has been filed.
4-40           Sec 30.01646.  BRIEF ON APPEAL.  (a)  A defendant's brief on
4-41     appeal from a municipal court of record must present points of
4-42     error in the manner required by law for a brief on appeal to the
4-43     court of appeals.
4-44           (b)  The defendant must file the brief with the appellate
4-45     court clerk not later than the 15th day after the date on which the
4-46     transcript and statement of facts are filed with that clerk.  The
4-47     defendant or the defendant's attorney must certify that the brief
4-48     has been properly mailed to the prosecuting attorney.
4-49           (c)  The prosecuting attorney must file the appellee's brief
4-50     with the appellate court clerk not later than the 15th day after
4-51     the date on which the defendant's brief is filed.
4-52           (d)  On filing, each party shall deliver a copy of the brief
4-53     to the opposing party and to the municipal judge.
4-54           Sec. 30.01647.  COURT RULES.  (a)  Except as modified by this
4-55     subchapter, the Code of Criminal Procedure governs the trial of
4-56     cases before the municipal court of record.  The court may make and
4-57     enforce all rules of practice and procedure necessary to expedite
4-58     the trial of cases before the court that are not inconsistent with
4-59     general law.
4-60           (b)  The appellate courts may make and enforce all rules of
4-61     practice and procedure that are not inconsistent with general law
4-62     and that are necessary to expedite the dispatch of appeals from the
4-63     municipal court of record.
4-64           Sec. 30.01648.  DISPOSITION ON APPEAL.  (a)  According to law
4-65     and the nature of the case, the appellate court may:
4-66                 (1)  affirm the judgment of the municipal court of
4-67     record;
4-68                 (2)  reverse and remand for a new trial;
4-69                 (3)  reverse and dismiss the case; or
 5-1                 (4)  reform and correct the judgment.
 5-2           (b)  Unless the matter was made an issue in the trial court
 5-3     or it affirmatively appears to the contrary from the transcript or
 5-4     the statement of facts, the appellate court shall presume that:
 5-5                 (1)  venue was proven in the trial court;
 5-6                 (2)  the jury, if any, was properly impaneled and
 5-7     sworn;
 5-8                 (3)  the defendant was arraigned and pleaded to the
 5-9     complaint; and
5-10                 (4)  the municipal judge certified the charge before it
5-11     was read to the jury.
5-12           (c)  In each case decided by the appellate court, the court
5-13     shall deliver a written opinion or order either sustaining or
5-14     overruling each assignment of error presented.  The court shall set
5-15     forth the reasons for its decision.  The appellate court clerk
5-16     shall mail copies of the decision to the parties and to the
5-17     municipal judge as soon as the decision is rendered.
5-18           Sec. 30.01649.  CERTIFICATE OF APPELLATE PROCEEDINGS.  When
5-19     the judgment of the appellate court becomes final, the clerk of
5-20     that court shall certify the proceedings and the judgment and shall
5-21     mail the certificate to the municipal court.  The municipal court
5-22     clerk shall file the certificate with the papers in the case and
5-23     note the certificate on the case docket.  If the municipal court of
5-24     record judgment is affirmed, further action to enforce the judgment
5-25     is not necessary except to:
5-26                 (1)  forfeit the bond of the defendant;
5-27                 (2)  issue a writ of capias for the defendant; or
5-28                 (3)  issue an execution against the defendant's
5-29     property.
5-30           Sec. 30.01650.  EFFECT OF ORDER ON NEW TRIAL.  If the
5-31     appellate court awards a new trial to the defendant, the case
5-32     stands as if a new trial had been granted by the municipal court of
5-33     record.
5-34           Sec. 30.01651.  APPEAL TO COURT OF APPEALS.  The defendant
5-35     has the right to appeal to the court of appeals if the fine
5-36     assessed against the defendant exceeds $100 and if the judgment is
5-37     affirmed by the appellate court.  The provisions of the Code of
5-38     Criminal Procedure relating to direct appeals from a county or a
5-39     district court to the court of appeals apply to the appeal, except
5-40     that:
5-41                 (1)  the record and briefs on appeal in the appellate
5-42     court constitute the record and briefs on appeal to the court of
5-43     appeals unless the rules of the court of criminal appeals provide
5-44     otherwise; and
5-45                 (2)  the record and briefs shall be filed directly with
5-46     the court of appeals.
5-47                                  * * * * *