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A BILL TO BE ENTITLED
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AN ACT
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relating to appeals from a justice or municipal court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45A.204, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45A.204. EFFECT OF APPEAL. All further proceedings in |
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the case in the justice or municipal court shall [must] cease during |
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the pendency of the appeal when a defendant files the appeal bond |
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required by law with the justice or municipal court. |
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SECTION 2. Article 44.17, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 44.17. APPEAL TO COUNTY COURT, HOW CONDUCTED. In all |
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appeals to a county court from justice courts and municipal courts |
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other than municipal courts of record, the trial shall be de novo in |
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the trial in the county court, the same as if the prosecution had |
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been originally commenced in that court. An appeal to the county |
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court from a municipal court of record may be based only on errors |
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reflected in the record. The county court may dismiss a case |
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appealed to the court or remand the case to the justice or municipal |
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court. |
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SECTION 3. This Act takes effect September 1, 2025. |