By Zaffirini S.B. No. 1903 76R12000 DB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a municipal court of record in Live 1-3 Oak. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 30, Government Code, is amended by adding 1-6 Subchapter SS to read as follows: 1-7 SUBCHAPTER SS. LIVE OAK 1-8 Sec. 30.01721. APPLICATION. This subchapter applies to the 1-9 city of Live Oak. 1-10 Sec. 30.01722. CREATION. (a) The governing body of the 1-11 city may by ordinance create a municipal court of record if it 1-12 determines that the formation of the court is necessary to provide 1-13 a more efficient disposition of cases arising in the city. The 1-14 governing body may by ordinance determine the number of municipal 1-15 courts of record that are required to dispose of the cases and may 1-16 establish as many as are needed. The ordinance establishing the 1-17 courts shall give each court a numerical designation, beginning 1-18 with "Municipal Court of Record No. 1." 1-19 (b) A municipal court of record may not exist concurrently 1-20 with municipal courts that are not courts of record in the city. 1-21 (c) A municipal court of record has no terms and may sit at 1-22 any time for the transaction of the business of the court. 1-23 Sec. 30.01723. APPLICATION OF OTHER LAWS. The general law 1-24 regarding municipal courts, the general law regarding justice 2-1 courts on matters not covered by the law regarding municipal 2-2 courts, and any charter provision or ordinance of the city relating 2-3 to the municipal court apply to a municipal court of record unless 2-4 the law, charter provision, or ordinance is in conflict or 2-5 inconsistent with this subchapter. 2-6 Sec. 30.01724. JUDGE. (a) A municipal court of record is 2-7 presided over by a municipal judge. 2-8 (b) If there is more than one municipal judge in the city, 2-9 the governing body of the city shall appoint one of the judges to 2-10 be the chief judge. 2-11 (c) A municipal judge, including the chief judge, is 2-12 appointed by the governing body of the city for a term of two 2-13 years. 2-14 (d) A municipal judge must be a licensed attorney in good 2-15 standing in this state and must have at least two years of 2-16 experience in the practice of law in this state. The judge must 2-17 be a citizen of the United States and of this state. The judge 2-18 shall devote as much time to the office as it requires. 2-19 (e) If there is more than one municipal court of record in 2-20 the city, the judges may exchange benches and may sit and act for 2-21 each other in any proceeding pending in the courts. An act 2-22 performed by any of the judges is binding on all parties to the 2-23 proceeding. 2-24 (f) A municipal judge is entitled to a salary from the city, 2-25 the amount of which is determined by the governing body of the city 2-26 and may not be diminished during the judge's term of office. The 2-27 salary may not be based directly or indirectly on fines, fees, or 3-1 costs collected by the court. 3-2 (g) A municipal judge may be removed from office by the 3-3 governing body of the city at any time for incompetence, 3-4 misconduct, malfeasance, or disability. 3-5 (h) A municipal judge shall take judicial notice of the city 3-6 ordinances and the corporate limits of the city in a case tried 3-7 before a municipal court of record. A municipal judge may grant 3-8 writs of mandamus, injunction, and attachment and other writs 3-9 necessary to the enforcement of the jurisdiction of the court and 3-10 may issue writs of habeas corpus in cases in which the offense 3-11 charged is within the jurisdiction of the court. 3-12 (i) The governing body of the city shall appoint a qualified 3-13 person to fill a vacancy in the office of municipal judge. 3-14 (j) The governing body may appoint one or more qualified 3-15 persons to be available to serve for a municipal judge who is 3-16 temporarily absent due to illness, family death, or continuing 3-17 legal or judicial education programs or for any other reason. The 3-18 chief judge, or the municipal judge if there is no chief judge, 3-19 shall select one of the persons appointed by the governing body to 3-20 serve during an absence. An alternate judge, while serving, has 3-21 all the powers and shall discharge all the duties of a municipal 3-22 judge. An alternate judge must have the same qualifications as a 3-23 municipal judge. 3-24 Sec. 30.01725. CLERK; OTHER PERSONNEL. The city secretary 3-25 shall be, ex officio, the clerk of the municipal court of record 3-26 and may hire, direct, and remove the personnel authorized in the 3-27 city's annual budget for the clerk's office. The clerk or the 4-1 clerk's deputies shall keep the records of the municipal courts of 4-2 record, issue process, and generally perform the duties for the 4-3 courts that a clerk of the county court exercising criminal 4-4 jurisdiction is required by law to perform for that court. The 4-5 clerk shall perform the duties in accordance with statutes, the 4-6 city charter, and city ordinances. 4-7 Sec. 30.01726. COURT REPORTER. (a) The city shall provide 4-8 a court reporter for the purpose of preserving a record in cases 4-9 tried before the municipal court of record. The clerk of the court 4-10 shall appoint the court reporter, who must meet the qualifications 4-11 provided by law for official court reporters. The reporter shall 4-12 be compensated by the city in the manner determined by the 4-13 governing body of the city. 4-14 (b) The court reporter may use written notes, transcribing 4-15 equipment, video or audio recording equipment, or a combination of 4-16 those methods to record the proceedings of the court. The court 4-17 reporter shall keep the record for the 20-day period beginning the 4-18 date after the last day of the court proceeding, trial, or denial 4-19 of motion for new trial, whichever occurs last. 4-20 (c) The court reporter is not required to record testimony 4-21 in a case unless the judge or one of the parties requests a record. 4-22 A party's request for a record must be in writing and be filed with 4-23 the court before trial. 4-24 (d) The governing body may provide that in lieu of providing 4-25 a court reporter at trial, proceedings in a municipal court of 4-26 record may be recorded by a good quality electronic recording 4-27 device. If the governing body authorizes the electronic recording, 5-1 the court reporter need not be present at trial to certify the 5-2 statement of facts. The recording shall be kept and stored for the 5-3 20-day period beginning the day after the last day of the 5-4 proceeding, trial, or denial of motion for new trial, whichever 5-5 occurs last. The proceedings that are appealed shall be 5-6 transcribed from the recording by an official court reporter. 5-7 Sec. 30.01727. PROSECUTIONS BY CITY ATTORNEY. All 5-8 prosecutions in the municipal court of record must be conducted by 5-9 the city attorney or an assistant or deputy city attorney. 5-10 Sec. 30.01728. JURY. (a) A person who is brought before a 5-11 municipal court of record and who is charged with an offense is 5-12 entitled to be tried by a jury of six persons unless that right is 5-13 waived according to law. The jury shall decide all questions of 5-14 fact or credibility of witnesses. The court shall determine all 5-15 matters of law and shall charge the jury on the law. 5-16 (b) A juror who serves in the municipal court of record must 5-17 meet the qualifications provided by Chapter 62. 5-18 Sec. 30.01729. APPEAL. (a) A defendant has the right of 5-19 appeal from a judgment or conviction in a municipal court of record 5-20 as provided by this subchapter. The county courts at law of Bexar 5-21 County have jurisdiction over an appeal. The state has no right to 5-22 an appeal or to a new trial. 5-23 (b) The appellate court shall determine each appeal from a 5-24 municipal court of record conviction on the basis of the errors 5-25 that are set forth in the defendant's motion for new trial and that 5-26 are presented in the transcript and statement of facts prepared 5-27 from the proceedings leading to the conviction. An appeal from the 6-1 municipal court of record may not be by trial de novo. 6-2 (c) To perfect an appeal the defendant must file with the 6-3 municipal court clerk a written motion for new trial not later than 6-4 the 10th day after the date on which judgment is rendered. The 6-5 motion must set forth the points of error of which the defendant 6-6 complains. The motion or amended motion may be amended by leave of 6-7 court at any time before action on the motion is taken but not 6-8 later than the 20th day after the date on which the original or 6-9 amended motion is filed. The court may for good cause extend the 6-10 time for filing or amending, but the extension may not exceed 90 6-11 days from the original filing deadline. If the court does not act 6-12 on the motion before the expiration of the 30 days allowed for 6-13 determination of the motion, the original or amended motion is 6-14 overruled by operation of law. 6-15 (d) To perfect an appeal the defendant must also give notice 6-16 of the appeal. If the defendant requests a hearing on the motion 6-17 for new trial, the defendant may give the notice of appeal orally 6-18 in open court on the overruling of the motion. If there is no 6-19 hearing, the defendant must give written notice of appeal and must 6-20 file the notice with the court not later than the 10th day after 6-21 the date on which the motion is overruled. The court may for good 6-22 cause extend that time period, but the extension may not exceed 90 6-23 days from the original filing deadline. 6-24 Sec. 30.01730. APPEAL BOND. (a) If the defendant is not in 6-25 custody, the defendant may not take an appeal until the defendant 6-26 files an appeal bond with the municipal court of record. The bond 6-27 must be approved by the court and must be filed not later than the 7-1 10th day after the date on which the motion for new trial is 7-2 overruled. If the defendant is in custody, the defendant shall be 7-3 committed to jail unless the defendant posts the appeal bond. 7-4 (b) The appeal bond must be in the amount of $50 or double 7-5 the amount of the fine and costs adjudged against the defendant, 7-6 whichever is greater. The bond must state that the defendant was 7-7 convicted in the case and has appealed, must be payable to the 7-8 state for the use and benefit of the city, and must be conditioned 7-9 on the defendant's appearance in the court to which the appeal is 7-10 taken. 7-11 Sec. 30.01731. RECORD ON APPEAL. The record on appeal 7-12 consists of a transcript and, if necessary to the appeal, a 7-13 statement of facts. The court reporter shall prepare the record 7-14 from the reporter's record or mechanical or video recordings of the 7-15 proceedings. The defendant shall pay for the cost of the 7-16 transcription. If the court finds that the defendant is unable to 7-17 pay or give security for the record on appeal after a hearing in 7-18 response to an affidavit by the defendant, the court shall order 7-19 the reporter to prepare the record without charge to the defendant. 7-20 If the case is reversed on appeal, the court shall promptly refund 7-21 the cost to the defendant. 7-22 Sec. 30.01732. TRANSCRIPT. (a) On the written request of 7-23 the defendant or the defendant's attorney, the municipal court 7-24 clerk shall prepare under the clerk's hand and seal a transcript of 7-25 the municipal court of record proceedings. The transcript must 7-26 include copies of: 7-27 (1) the complaint; 8-1 (2) material docket entries made by the court; 8-2 (3) the jury charge and verdict in a jury trial; 8-3 (4) the judgment; 8-4 (5) the motion for new trial; 8-5 (6) the notice of appeal; 8-6 (7) written motions and pleas; 8-7 (8) written orders of the court; 8-8 (9) any bills of exception filed with the court; 8-9 (10) the appeal bond; and 8-10 (11) exhibits admitted into evidence. 8-11 (b) The clerk may include in the transcript additional 8-12 portions of the proceedings in the court prepared from mechanical 8-13 or video recordings. 8-14 Sec. 30.01733. BILLS OF EXCEPTION. Either party may include 8-15 bills of exception in the transcript subject to the applicable 8-16 provisions of the Texas Rules of Appellate Procedure. The bills of 8-17 exception must be filed with the municipal court clerk not later 8-18 than the 60th day after the date on which the notice of appeal is 8-19 given or filed. 8-20 Sec. 30.01734. STATEMENTS OF FACTS. A statement of facts 8-21 included in the record on appeal must contain: 8-22 (1) a transcript of all or part of the municipal court 8-23 of record proceedings that are shown by the notes of the court 8-24 reporter to have occurred before, during, or after the trial if the 8-25 transcript is requested by the defendant; 8-26 (2) a brief statement of the facts of the case proven 8-27 at trial as agreed to by the defendant and the prosecuting 9-1 attorney; 9-2 (3) a partial transcript and the agreed statement of 9-3 the facts of the case; or 9-4 (4) a transcript of all or part of the municipal court 9-5 of record proceedings in the case that is prepared from mechanical 9-6 or video recordings of the proceedings. 9-7 Sec. 30.01735. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. 9-8 (a) Not later than the 60th day after the date on which the notice 9-9 of appeal is given or filed, the parties must file with the 9-10 municipal court clerk: 9-11 (1) the statement of facts; 9-12 (2) a written description of material to be included 9-13 in the transcript in addition to the required material; and 9-14 (3) any material to be included in the transcript that 9-15 is not in the custody of the clerk. 9-16 (b) On completion of the record, the municipal judge shall 9-17 approve the record in the manner provided for record completion, 9-18 approval, and notification in the court of appeals. 9-19 (c) After the court approves the records the clerk shall 9-20 promptly send it to the appellate court clerk for filing. The 9-21 appellate court clerk shall notify the defendant and the 9-22 prosecuting attorney that the record has been filed. 9-23 Sec. 30.01736. BRIEF ON APPEAL. (a) A defendant's brief on 9-24 appeal from a municipal court of record must present points of 9-25 error in the manner required by law for a brief on appeal to the 9-26 court of appeals. 9-27 (b) The defendant must file the brief with the appellate 10-1 court clerk not later than the 15th day after the date on which the 10-2 transcript and statement of facts are filed with that clerk. The 10-3 defendant or the defendant's attorney must certify that the brief 10-4 has been properly mailed to the prosecuting attorney. 10-5 (c) The prosecuting attorney must file the appellee's brief 10-6 with the appellate court clerk not later than the 15th day after 10-7 the date on which the defendant's brief is filed. 10-8 (d) On filing, each party shall deliver a copy of the brief 10-9 to the opposing party and to the municipal judge. 10-10 Sec. 30.01737. COURT RULES. (a) Except as modified by this 10-11 subchapter, the Code of Criminal Procedure governs the trial of 10-12 cases before the municipal court of record. The court may make and 10-13 enforce all rules of practice and procedure necessary to expedite 10-14 the trial of cases before the court that are not inconsistent with 10-15 general law. 10-16 (b) The appellate courts may make and enforce all rules of 10-17 practice and procedure that are not inconsistent with general law 10-18 and that are necessary to expedite the dispatch of appeals from the 10-19 municipal court of record. 10-20 Sec. 30.01738. DISPOSITION ON APPEAL. (a) According to law 10-21 and the nature of the case, the appellate court may: 10-22 (1) affirm the judgment of the municipal court of 10-23 record; 10-24 (2) reverse and remand for a new trial; 10-25 (3) reverse and dismiss the case; or 10-26 (4) reform and correct the judgment. 10-27 (b) Unless the matter was made an issue in the trial court 11-1 or it affirmatively appears to the contrary from the transcript or 11-2 the statement of facts, the appellate court shall presume that: 11-3 (1) venue was proven in the trial court; 11-4 (2) the jury, if any, was properly impaneled and 11-5 sworn; 11-6 (3) the defendant was arraigned and pleaded to the 11-7 complaint; and 11-8 (4) the municipal judge certified the charge before it 11-9 was read to the jury. 11-10 (c) In each case decided by the appellate court, the court 11-11 shall deliver a written opinion or order either sustaining or 11-12 overruling each assignment of error presented. The court shall set 11-13 forth the reasons for its decision. The appellate court clerk 11-14 shall mail copies of the decision to the parties and to the 11-15 municipal judge as soon as the decision is rendered. 11-16 Sec. 30.01739. CERTIFICATE OF APPELLATE PROCEEDINGS. When 11-17 the judgment of the appellate court becomes final, the clerk of 11-18 that court shall certify the proceedings and the judgment and shall 11-19 mail the certificate to the municipal court. The municipal court 11-20 clerk shall file the certificate with the papers in the case and 11-21 note the certificate on the case docket. If the municipal court of 11-22 record judgment is affirmed, further action to enforce the judgment 11-23 is not necessary except to: 11-24 (1) forfeit the bond of the defendant; 11-25 (2) issue a writ of capias for the defendant; or 11-26 (3) issue an execution against the defendant's 11-27 property. 12-1 Sec. 30.01740. EFFECT OF ORDER ON NEW TRIAL. If the 12-2 appellate court awards a new trial to the defendant, the case 12-3 stands as if a new trial had been granted by the municipal court of 12-4 record. 12-5 Sec. 30.01741. APPEAL TO COURT OF APPEALS. The defendant 12-6 has the right to appeal to the court of appeals if the fine 12-7 assessed against the defendant exceeds $100 and if the judgment is 12-8 affirmed by the appellate court. The provisions of the Code of 12-9 Criminal Procedure relating to direct appeals from a county or a 12-10 district court to the court of appeals apply to the appeal, except 12-11 that: 12-12 (1) the record and briefs on appeal in the appellate 12-13 court constitute the record and briefs on appeal to the court of 12-14 appeals unless the rules of the court of criminal appeals provide 12-15 otherwise; and 12-16 (2) the record and briefs shall be filed directly with 12-17 the court of appeals. 12-18 SECTION 2. The importance of this legislation and the 12-19 crowded condition of the calendars in both houses create an 12-20 emergency and an imperative public necessity that the 12-21 constitutional rule requiring bills to be read on three several 12-22 days in each house be suspended, and this rule is hereby suspended, 12-23 and that this Act take effect and be in force from and after its 12-24 passage, and it is so enacted.