1-1     By:  Nelson                                           S.B. No. 1899
 1-2           (In the Senate - Filed April 29, 1999; May 3, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; May 7, 1999, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 7, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of municipal courts of record in the Town
 1-9     of Flower Mound.
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.  FLOWER MOUND
1-14           Sec. 30.01611.  APPLICATION.  This subchapter applies to the
1-15     Town of Flower Mound.
1-16           Sec. 30.01612.  CREATION.  The governing body of the town may
1-17     by ordinance create a municipal court of record if it determines
1-18     that the formation of the court is necessary to provide a more
1-19     efficient disposition of the cases arising in the town.  The
1-20     municipal court of record shall be known as the "Town of Flower
1-21     Mound Municipal Court of Record."  The governing body by ordinance
1-22     may determine and establish the number of municipal courts of
1-23     record that are required to dispose of the cases arising in the
1-24     town and shall give each a numerical designation, beginning with
1-25     "Municipal Court of Record No. 1."
1-26           Sec. 30.01613.  APPLICATION OF OTHER LAWS.  The general law
1-27     regarding municipal courts, the general law regarding justice
1-28     courts on matters not covered by the law regarding municipal
1-29     courts, and any charter provision or ordinance of the town relating
1-30     to the municipal court apply to a municipal court of record unless
1-31     the law, charter provision, or ordinance is in conflict or
1-32     inconsistent with this subchapter.
1-33           Sec. 30.01614.  JUDGE.  (a)  A municipal court of record is
1-34     presided over by a municipal judge appointed by the mayor with the
1-35     concurrence of the town council.  The judge shall serve at the
1-36     discretion of the council.
1-37           (b)  A municipal judge must be an attorney licensed to
1-38     practice and in good standing in this state and have two or more
1-39     years of experience in the practice of law in this state.  The
1-40     judge must be a citizen of the United States and a resident of this
1-41     state.  The judge is not required to be a resident of the town.
1-42           (c)  A municipal judge shall:
1-43                 (1)  devote as much time to the office as is necessary;
1-44     and
1-45                 (2)  take judicial notice of state law, town
1-46     ordinances, and the corporate limits of the municipality.
1-47           (d)  If the mayor appoints more than one municipal judge
1-48     under Subsection (a), the mayor shall appoint one of the municipal
1-49     judges as the presiding municipal judge.
1-50           (e)  A municipal judge may exchange benches and may sit and
1-51     act for another municipal judge in any proceeding pending in a
1-52     municipal court.  An act performed by a municipal judge sitting for
1-53     another municipal judge is binding on all parties to the
1-54     proceeding.
1-55           (f)  A municipal judge is entitled to receive a salary from
1-56     the town, the amount of which is determined by the town council.  A
1-57     municipal judge's salary may not be based directly or indirectly on
1-58     fines, fees, or costs collected by the court.
1-59           (g)  The judge of a municipal court of record created under
1-60     this subchapter may grant writs of mandamus, injunction, and
1-61     attachment and other writs necessary to the enforcement of the
1-62     jurisdiction of the court and may issue writs of habeas corpus in
1-63     cases in which the offense charged is within the jurisdiction of
1-64     the court.
 2-1           Sec. 30.01615.  CLERK; OTHER PERSONNEL.  (a)  The town
 2-2     manager shall appoint a clerk of the municipal courts of record.
 2-3     The clerk shall keep the records of the municipal courts of record,
 2-4     issue process, and generally perform the duties for the courts that
 2-5     a clerk of a county court at law exercising criminal jurisdiction
 2-6     performs for that court.
 2-7           (b)  The town manager shall provide deputy clerks, warrant
 2-8     officers, and other personnel as needed for the proper operation of
 2-9     the municipal courts of record.
2-10           (c)  The clerk and other court personnel shall perform their
2-11     duties under the direction and control of the town manager.
2-12           Sec. 30.01616.  COURT REPORTER.  (a)  The town shall provide
2-13     a court reporter for the purpose of preserving the record in cases
2-14     tried before the municipal courts of record.  The municipal court
2-15     clerk shall appoint the court reporter.  A court reporter appointed
2-16     under this subsection must meet the qualifications provided by law
2-17     for official court reporters.  The town manager shall set the
2-18     compensation of the court reporter.
2-19           (b)  The court reporter may preserve a record through written
2-20     notes, transcribing equipment, video or audio recording equipment,
2-21     or a combination of those methods.  The reporter shall keep the
2-22     record for the 20-day period beginning the day after the last day
2-23     of the proceeding, trial, or denial of motion for new trial or
2-24     until any appeal is final, whichever occurs last.  The reporter is
2-25     not required to record testimony if a record is not demanded by the
2-26     defendant, the prosecutor, or the judge.
2-27           (c)  Instead of providing a court reporter, the governing
2-28     body may provide that the proceedings be recorded by a good-quality
2-29     electronic recording device.  If the governing body authorizes the
2-30     electronic recording, the court reporter is not required to be
2-31     present to certify the statement of facts.  The recording shall be
2-32     retained for the 20-day period beginning the day after the last day
2-33     of the court proceeding, trial, or denial of motion for new trial,
2-34     whichever occurs last.  If a case is appealed, the proceedings
2-35     shall be transcribed from the recording by an official court
2-36     reporter.
2-37           Sec. 30.01617.  JURY.  The municipal court clerk shall
2-38     establish a fair, impartial, and objective jury selection process.
2-39           Sec. 30.01618.  APPEAL.  (a)  A defendant has the right to
2-40     appeal a judgment or conviction in a municipal court of record as
2-41     provided by this subchapter.  The state has the right to appeal as
2-42     provided by Article 44.01, Code of Criminal Procedure.  The
2-43     appropriate county court of Denton County having jurisdiction over
2-44     appeals from municipal courts shall have jurisdiction over any
2-45     appeal.  The town attorney or the town attorney's designee shall
2-46     prosecute an appeal.
2-47           (b)  The appellate court shall determine each appeal from a
2-48     municipal court of record judgment or conviction and each appeal by
2-49     the state on the basis of the errors set forth in the appellant's
2-50     motion for a new trial and presented in the transcript and
2-51     statement of facts prepared from the municipal court of record
2-52     proceedings.  An appeal from a municipal court of record may not be
2-53     by trial de novo.
2-54           (c)  To perfect an appeal, the appellant must file a written
2-55     motion for a new trial with the municipal court clerk not later
2-56     than the 10th day after the date on which the judgment is rendered.
2-57     The motion must set forth the points of error of which the
2-58     appellant complains.  A point of error that is not set forth in the
2-59     motion is waived.  The motion or an amended motion may be amended
2-60     by leave of court at any time before the court acts on the motion,
2-61     except that an amendment may not be made later than the 20th day
2-62     after the date the original or an amended motion is filed.  The
2-63     court may for good cause extend the time for filing or amending an
2-64     original or amended motion, but the extension may not exceed 90
2-65     days from the original filing deadline.  If the court does not act
2-66     on the motion before the 21st day after the date the original or
2-67     amended motion is filed, the original or amended motion is
2-68     overruled by operation of law.
2-69           (d)  To perfect an appeal, the appellant must also give
 3-1     notice of the appeal.  The appellant shall:
 3-2                 (1)  if the appellant requests a hearing on the motion
 3-3     for a new trial, give the notice of appeal orally in open court on
 3-4     the overruling of the motion; or
 3-5                 (2)  if there is no hearing, file a written notice of
 3-6     appeal with the municipal court clerk not later than the 10th day
 3-7     after the date the motion is overruled.
 3-8           (e)  The municipality shall by ordinance establish a
 3-9     transcript preparation fee in the amount of $25.  The clerk shall
3-10     note the payment of the fee on the docket of the court.  If the
3-11     case is reversed on appeal, the fee shall be refunded to the
3-12     appellant.
3-13           Sec. 30.01619.  APPEAL BOND; RECORD ON APPEAL.  (a)  If the
3-14     defendant is not in custody, the defendant may appeal a municipal
3-15     court of record conviction only if the defendant files an appeal
3-16     bond with the municipal court of record.  The bond must be approved
3-17     by the court and filed not later than the 10th day after the date
3-18     the defendant's motion for a new trial is overruled.  If the
3-19     defendant is in custody, the defendant must be committed to jail
3-20     unless the defendant posts an appeal bond with the municipal court
3-21     of record.
3-22           (b)  The appeal bond must be in the amount of $100 or in an
3-23     amount that is twice the amount of fines and costs adjudged against
3-24     the defendant, whichever amount is greater.  The bond must:
3-25                 (1)  state that the defendant was convicted in the case
3-26     and has appealed; and
3-27                 (2)  be conditioned on the defendant's immediate and
3-28     daily personal appearance in the court in which the defendant has
3-29     appealed.
3-30           (c)  The record on appeal consists of a transcript and, if
3-31     necessary to the appeal, a statement of facts.
3-32           Sec. 30.01620.  TRANSCRIPT; BILLS OF EXCEPTION.  (a)  On the
3-33     written request of the appellant, the clerk of the municipal court
3-34     of record shall prepare, under the clerk's hand and the seal of the
3-35     court, the transcript of the proceedings in the municipal court of
3-36     record.  The transcript must include copies of:
3-37                 (1)  the complaint;
3-38                 (2)  the material docket entries made by the court;
3-39                 (3)  the jury charge and verdict in a jury trial;
3-40                 (4)  the judgment;
3-41                 (5)  the motion for new trial;
3-42                 (6)  the notice of appeal;
3-43                 (7)  the appeal bond;
3-44                 (8)  written motions and pleas;
3-45                 (9)  written orders of the court; and
3-46                 (10)  any bills of exception filed with the court.
3-47           (b)  The clerk may include in the transcript additional
3-48     portions of the proceedings in the court if instructed in writing
3-49     by the defendant or the prosecuting attorney.
3-50           (c)  Either party may include bills of exception in the
3-51     transcript subject to the provisions of the Texas Rules of
3-52     Appellate Procedure and the Code of Criminal Procedure governing
3-53     the preparation of bills of exception and the inclusion of bills of
3-54     exception in the record on appeal to the court of appeals.  The
3-55     bills of exception must be filed with the municipal court clerk not
3-56     later than the 60th day after the date the notice of appeal is
3-57     given or filed.
3-58           Sec. 30.01621.  STATEMENT OF FACTS.  (a)  A statement of
3-59     facts included in the record on appeal must contain:
3-60                 (1)  if a transcription is requested by the defendant,
3-61     a transcript of all or part of the municipal court of record
3-62     proceedings that are shown by the notes of the court reporter to
3-63     have occurred before, during, or after the trial;
3-64                 (2)  a brief statement of the facts of the case proven
3-65     at trial as agreed to by the defendant and the prosecuting
3-66     attorney; or
3-67                 (3)  a partial transcript and the agreed statement of
3-68     the facts of the case.
3-69           (b)  At the request of the appellant, the court reporter
 4-1     shall transcribe any portion of the notes of the court proceedings.
 4-2     The appellant shall pay for the transcription unless the court
 4-3     finds, after hearing in response to an affidavit by the appellant,
 4-4     that the appellant is unable to pay or give security for the
 4-5     transcription.  If the court makes the finding described by this
 4-6     subsection, the court shall order the court reporter to prepare the
 4-7     transcription without charge for the appellant.  The transcription
 4-8     cost may not exceed the charge imposed by court reporters in the
 4-9     county for similar transcriptions.
4-10           Sec. 30.01622.  COMPLETION, APPROVAL, AND TRANSFER OF RECORD.
4-11     (a)  Not later than the 60th day after the date notice of appeal is
4-12     given or filed, the parties must file with the clerk of the
4-13     municipal court of record:
4-14                 (1)  the statement of facts;
4-15                 (2)  a written description of materials to be included
4-16     in the transcript in addition to the required material; and
4-17                 (3)  any material to be included in the transcript that
4-18     is not in the custody of the clerk.
4-19           (b)  On completion of the record, the municipal judge shall
4-20     approve the record in the manner provided for record completion,
4-21     approval, and notification in the court of appeals.
4-22           (c)  After the court approves the record, the clerk shall
4-23     promptly send the record to the appellate court clerk for filing.
4-24     The appellate court clerk shall notify the defendant and the
4-25     prosecuting attorney that the record has been filed.
4-26           Sec. 30.01623.  BRIEF ON APPEAL.  (a)  An appellant's brief
4-27     on appeal from a municipal court of record must present points of
4-28     error in the manner required by law for a brief on appeal to the
4-29     court of appeals, except that the points are confined to those set
4-30     forth in the motion for new trial.
4-31           (b)  The appellant must file the brief with the appellate
4-32     court clerk not later than the 15th day after the date the
4-33     transcript and statement of facts are filed with that clerk.  The
4-34     appellant or the appellant's attorney must certify that the brief
4-35     has been properly mailed to the appellee.
4-36           (c)  The appellee must file the appellee's brief with the
4-37     appellate court clerk not later than the 15th day after the date
4-38     the appellant's brief is filed.
4-39           (d)  Each party, on filing the party's brief with the
4-40     appellate court clerk, shall deliver a copy of the brief to the
4-41     opposing party.
4-42           Sec. 30.01624.  PROCEDURE; DISPOSITION.  (a)  The appellate
4-43     court shall hear appeals from the municipal court of record at the
4-44     earliest possible time with due regard to the rights of the parties
4-45     and the proper administration of justice.
4-46           (b)  The court may not affirm or reverse a case based on a
4-47     technical error, including an error in the preparation and filing
4-48     of the record on appeal.
4-49           (c)  The court may determine the rules for oral argument.
4-50     The parties may submit the case on the record and briefs without
4-51     oral argument.
4-52           (d)  According to the law and the nature of the case, the
4-53     appellate court may:
4-54                 (1)  affirm the judgment of the municipal court of
4-55     record;
4-56                 (2)  reverse and remand for a new trial;
4-57                 (3)  reverse and dismiss the case; or
4-58                 (4)  reform and correct the judgment.
4-59           (e)  Unless the issue was raised in the trial court or it
4-60     affirmatively appears to the contrary from the transcript or the
4-61     statement of facts, the appellate court shall presume that:
4-62                 (1)  venue was proven in the trial court;
4-63                 (2)  the jury, if any, was properly impaneled and
4-64     sworn;
4-65                 (3)  the defendant was arraigned and pleaded to the
4-66     complaint; and
4-67                 (4)  the municipal judge certified the charge before it
4-68     was read to the jury.
4-69           (f)  In each case decided by the appellate court, the court
 5-1     shall deliver a written opinion or order sustaining or overruling
 5-2     each assignment of error presented.  The court is not required to
 5-3     give a reason for overruling an assignment of error, except that
 5-4     the court may cite the cases on which it relied.  If an assignment
 5-5     of error is sustained, the court shall set forth the reasons for
 5-6     the decision.
 5-7           (g)  The appellate court clerk shall mail to the parties and
 5-8     the municipal judge copies of the appellate court's decision
 5-9     immediately after the court renders a decision.
5-10           Sec. 30.01625.  CERTIFICATE OF APPELLATE PROCEEDINGS.
5-11     (a)  When the judgment of the appellate court is final, the
5-12     appellate court clerk shall:
5-13                 (1)  certify the proceedings and the judgment; and
5-14                 (2)  mail the certificate to the clerk of the municipal
5-15     court of record.
5-16           (b)  The municipal court clerk shall file the certificate
5-17     with the papers in the case and note the certificate on the case
5-18     docket.
5-19           (c)  If the municipal court of record judgment is affirmed,
5-20     further action to enforce the judgment is not necessary, except to:
5-21                 (1)  forfeit the bond of the defendant;
5-22                 (2)  issue a writ of capias for the defendant;
5-23                 (3)  issue an execution against the defendant's
5-24     property;
5-25                 (4)  order a refund of the defendant's costs and
5-26     attorney's fees; or
5-27                 (5)  conduct an indigency hearing at the court's
5-28     discretion.
5-29           Sec. 30.01626.  EFFECT OF ORDER OF NEW TRIAL.  If the
5-30     appellate court awards a new trial to the defendant, the case
5-31     stands as if a new trial had been granted by the municipal court of
5-32     record.
5-33           Sec. 30.01627.  APPEAL TO COURT OF APPEALS.  The defendant
5-34     has the right to appeal to the court of appeals if the fine
5-35     assessed against the defendant exceeds $100 and the judgment is
5-36     affirmed by the appellate court.  The provisions of the Code of
5-37     Criminal Procedure relating to direct appeals from a county or
5-38     district court to the court of appeals apply to the appeal, except
5-39     that:
5-40                 (1)  the record and briefs on appeal in the appellate
5-41     court and the transcript of proceedings in the appellate court
5-42     constitute the record and briefs on appeal to the court of appeals
5-43     unless the rules of the court of appeals provide otherwise; and
5-44                 (2)  the record and briefs shall be filed directly with
5-45     the court of appeals.
5-46           SECTION 2.  This Act takes effect September 1, 1999.
5-47           SECTION 3.  The importance of this legislation and the
5-48     crowded condition of the calendars in both houses create an
5-49     emergency and an imperative public necessity that the
5-50     constitutional rule requiring bills to be read on three several
5-51     days in each house be suspended, and this rule is hereby suspended.
5-52                                  * * * * *