HBA-JRA H.B. 404 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 404 By: Palmer Judicial Affairs 2/10/1999 Introduced BACKGROUND AND PURPOSE Currently, an appeal from a municipal court consists of a trial de novo in the county courthouse. The prosecutor must retry the case again and the defendant has a second chance to be found not guilty. Multiple trials for the same offense are time consuming and inefficient. A municipal court of record is able to try a case one time, and if a conviction ensues, the defendant has the right to appeal through traditional appellate review rather than through a trial de novo before another fact finder. H.B. 404 creates a municipal court of record in Sansom Park. Any appeal from that court would then be based upon standard legal appellate standards and would not be a trial de novo. Additionally, this bill provides authorization for the city to contract with other municipalities to establish a joint municipal court of record. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 30, Government Code, by adding Subchapter OO, as follows: SUBCHAPTER OO. SANSOM PARK Sec. 30.01541. APPLICATION. Establishes that this subchapter applies to the City of Sansom Park. Sec. 30.01542. CREATION. Authorizes the governing body of the city (governing body) to create a municipal court of record. Authorizes the governing body to determine and establish the number of municipal courts of record needed and requires that each receive a numerical designation, beginning with "Municipal Court of Record No. 1." Prohibits a municipal court of record from existing concurrently with municipal courts that are not courts of record. Establishes that a municipal court of record has no terms and may sit at any time. Sec. 30.01543. APPLICATION OF OTHER LAWS. Establishes that general law regarding municipal courts and justice courts and any charter provision or city ordinance relating to the municipal court apply to a municipal court of record, unless they conflict with this subchapter. Sec. 30.01544. JUDGE. Establishes that a municipal judge presides over a municipal court of record. Requires the governing body to appoint a chief judge for a two year term if there is more than one municipal judge in the city. Provides that a municipal judge must be a licensed attorney with two or more years' experience practicing law in Texas, a citizen of the United States and of Texas. Requires the judge to devote as much time as necessary to the office. Authorizes judges to sit and perform binding acts in any municipal court of record in the city. Entitles a municipal judge to a salary which may not be diminished during the judge's term of office and may not be based on fines, fees, or costs collected by the court. Authorizes the governing body to remove a judge for incompetency, misconduct, malfeasance, or disability. Requires a municipal judge to take judicial notice of the city ordinances and the corporate limits of the city in a case before the municipal court of record. Authorizes a municipal judge to grant writs of mandamus, injunction, attachment and other writs necessary and to issue writs of habeas corpus and administrative search warrants. Requires the governing body to fill a vacancy in the office of municipal judge for the remainder of the term. Authorizes the governing body to appoint alternate judges. Requires the chief judge, or municipal judge if there is no chief judge, to select one of the appointees to serve for a municipal judge who is temporarily absent. Establishes that an alternate judge, while serving, has all the powers and duties of a municipal judge and must meet the same qualifications. Sec. 30.01545. MAGISTRATES. Authorizes the governing body to appoint magistrates in addition to those under Article 2.09, Code of Criminal Procedure (Who are Magistrates). Establishes that a magistrate does not have to possess all the qualifications necessary to be a municipal court of record judge. Prohibits a magistrate from presiding over the court or hearing contested cases. Authorizes a magistrate to conduct an arraignment, hold an indigency hearing, accept a plea, sign a judgment, set the amount of a bond, and perform other functions under Article 15.17, Code of Criminal Procedure (Duties of Arresting Officer and Magistrate). Sec. 30.01546. CLERK; OTHER PERSONNEL. Requires the city administrator to appoint a clerk of the municipal court of record to hire, direct, and remove the personnel authorized in the city's annual budget for the clerk's office. Requires the clerk to perform the duties that a clerk of the county court exercising criminal jurisdiction is required by law to perform, in accordance with statutes, the city charter, and city ordinances. Sec. 30.01547. COURT REPORTER. Requires the city to provide and compensate a qualified court reporter to be appointed by the clerk. Authorizes the court reporter to use written notes, transcribing equipment, video, or audio recording equipment. Requires the record to be kept for 20 days after the court proceeding, trial, or denial of motion for new trial, whichever occurs last. Establishes that a record is required only if the judge or one of the parties files a written request. Authorizes the governing body to record the proceedings by an electronic recording device instead of a court reporter. Requires appealed proceedings to be recorded by an official court reporter. Sec. 30.01548. PROSECUTIONS BY CITY ATTORNEY. Provides that prosecutions in the municipal court of record must be conducted by the city attorney or an assistant or deputy city attorney. Sec. 30.01549. JURY. Entitles a person brought before the municipal court of record to be tried by a jury of six persons, unless the right is waived. Requires the jury to decide all questions of fact or credibility of witnesses. Requires the court to determine matters of law and charge the jury on the law. Provides that a juror must meet the qualifications provided by Chapter 62, Government Code (Petit Juries). Sec. 30.01550. APPEAL. Provides that a defendant has the right of appeal from a municipal court of record judgment or conviction and that the county criminal courts of Tarrant County have jurisdiction over such appeals. Provides that the state has no right to an appeal or new trial. Requires the appellate court to determine each appeal on the basis of errors set forth in the defendant's motion for new trial and presented in the transcript and statement of facts. Prohibits an appeal from being a trial de novo (Black's Law Dictionary, Abridged Sixth Edition: a trial of the whole case anew). Provides that the defendant must file a written motion for new trial setting forth the points of error within 10 days of the rendering of the judgment in order to perfect the appeal. Authorizes the motion to be amended by leave of the court at any time before action on the motion is taken, but within 20 days after the original or amended motion is filed. Authorizes the court to extend the time for filing or amending, but prohibits the extension from exceeding 90 days from the original filing deadline. Establishes that the original or amended motion is overruled by operation of law if the court does not act on it within 30 days. Requires the defendant to give notice of an appeal, orally or written, as appropriate. Provides that the defendant must give written notice within 10 days of the overruling of the motion. Authorizes the court to extend that deadline, but prohibits the extension from exceeding 90 days from the original filing deadline. Sec. 30.01551. APPEAL BOND. Prohibits a defendant from taking an appeal unless an appeal bond approved by the court is filed within 10 days of the motion for new trial being overruled. Requires a defendant already in custody to be committed to jail unless an appeal bond is posted. Establishes that the appeal bond must be $50 or double the amount of the fine and costs, whichever is greater, and sets forth specific conditions. Sec. 30.01552. RECORD ON APPEAL. Establishes that the record on appeal consists of a transcript and, if necessary, a statement of facts. Requires the defendant to pay for the cost of transcription if possible, to be refunded by the court if the case is reversed on appeal. Sec. 30.01553. TRANSCRIPT. Requires the clerk to prepare a transcript of the municipal court of record's proceedings upon written request of the defendant. Sets forth the necessary contents of a transcript. Sec. 30.01554. BILLS OF EXCEPTION. Authorizes either party to file bills of exception in the transcript subject to the Texas Rules of Appellate Procedure withing 60 days of filing or giving the notice of appeal. Sec. 30.01555. STATEMENTS OF FACTS. Provides that a statement of facts must contain a transcript of all or part of the proceedings or a brief statement of the facts of the case proven at trial as agreed to by the defendant and the prosecuting attorney or a combination of the two. Sec. 30.01556. COMPLETION, APPROVAL, AND TRANSFER OF RECORD. Provides that the parties must file with the municipal court clerk, within 60 days of filing the notice of appeal, a statement of facts, a description of additional material to be included in the transcript, and any material to be included that is not in the clerk's custody. Requires the judge to approve the record and the clerk to send it to the appellate court clerk for filing. Requires the appellate court clerk to notify the defendant and the prosecuting attorney of the filing. Sec. 30.01557. BRIEF ON APPEAL. Provides that a defendant must file a brief on appeal with the appellate court clerk, within 15 days of the filing of the transcript and statement of facts, presenting points of error and to certify that the brief has been properly mailed to the prosecuting attorney. Provides that the prosecuting attorney must file the appellee's brief within 15 days of the defendant's filing. Requires each party, on filing, to deliver a copy of the filed brief to the opposing party and to the municipal judge. Sec. 30.01558. COURT RULES. Establishes that the Code of Criminal Procedure, except as provided by this subchapter, governs the trial of cases before the municipal court of record. Authorizes the municipal court of record to make and enforce all rules of practice and procedure necessary to expedite the trial of cases. Provides that a bond must be payable to the state for the use of the city. Authorizes a peace officer to serve a process issued by the municipal court. Authorizes the appellate courts to make and enforce all rules of practice and procedure necessary to expedite appeals from the municipal court of record. Sec. 30.01559. DISPOSITION ON APPEAL. Authorizes the appellate court to affirm the judgment of the municipal court of record, reverse and remand for a new trial, reverse and dismiss the case, or reform and correct the judgment. Requires the appellate court, unless otherwise provided, to assume that venue was proven in the trial court, any jury was properly impaneled and sworn, the defendant was arraigned and pleaded to the complaint, and the charge was certified before it was read to the jury. Requires the appellate court to deliver a written opinion or order including reasons for its decision and to mail copies to the parties and the municipal judge as soon as it is rendered. Sec. 30.01560. CERTIFICATE OF APPELLATE PROCEEDINGS. Requires the clerk to certify the proceeding and the judgment and mail the certificate to the municipal court when the judgment of the appellate court becomes final. Requires the clerk to file the certificate and note it on the case docket. Establishes that, if the municipal court judgment is affirmed, further action to enforce the judgment is not necessary except to forfeit the bond of the defendant, issue an arrest warrant, or issue an execution against the defendant's property. Sec. 30.01561. EFFECT OF ORDER OF NEW TRIAL. Establishes that the appellate court awarding a new trial has the same effect as if the municipal court had granted it. Sec. 30.01562. APPEAL TO COURT OF APPEALS. Establishes the defendant's right to appeal to the court of appeals if the fine assessed is over $100 and the judgment is affirmed by the appellate court. Provides that the provisions of the Texas Rules of Appellate Procedure relating to direct appeals from a county or a district court to the court of appeals apply to the appeal, except that the record and briefs on appeal in the appellate court constitute the record and briefs on appeal to the court of appeals unless the rules of the court of criminal appeals provide otherwise, and the records and briefs are required to be filed directly with the court of appeals. Sec. 30.01563. JOINT COURTS: CREATION. Authorizes the governing body of the city to contract with other municipalities that have municipal courts of record to establish a joint municipal court, which would replace each municipality's individual municipal court. Sec. 30.01564. JOINT COURT: JUDGES. Establishes that a joint municipal court of record is presided over by a municipal judge who is appointed by majority vote of each of the governing bodies for a two-year term and can be removed for incompetency, misconduct, malfeasance, or inability to perform the duties required. Sec. 30.01565. JOINT COURTS: JURISDICTION. Establishes that the jurisdiction of a joint municipal court of record is the combined jurisdiction of the municipal courts of the contracting municipalities. Provides that an appeal from a joint municipal court is to the county criminal court. Provides that the appeal, if that county does not have a criminal court, is to the county court at law. Sec. 30.01566. JOINT COURT: PROSECUTING ATTORNEY. Authorizes a municipality to contract its own prosecuting attorney or to agree with the contracting municipalities on the selection of prosecuting attorneys. Sec. 30.01567. JOINT COURT: APPLICABLE LAW. Requires the municipalities to select one of the contracting municipality's enabling statutes as the source of applicable procedural requirements for the operation of the joint municipal court. Provides that the provisions relating to joint courts in this subchapter control, if there is any conflict. Requires that any matter not covered by the contracting municipalities' enabling legislation or other law be resolved by the contract entered into under Section 30.01563. SECTION 2.Emergency clause. Effective date: upon passage.