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 * * * * *