CHAPTER 30. MUNICIPAL COURTS OF RECORD
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 30. MUNICIPAL COURTS OF RECORD
SUBCHAPTER A. GENERAL LAW FOR MUNICIPAL COURTS OF RECORD
Sec. 30.00001. SHORT TITLE; APPLICATION. (a) This chapter may
be cited as the Uniform Municipal Courts of Record Act.
(b) This subchapter applies to:
(1) each municipality listed in this chapter; and
(2) each other municipality in which the governing body of the
municipality has created a municipal court of record as
authorized by Section 30.00003.
(c) If a provision of this subchapter conflicts with a specific
provision for a particular municipality, the specific provision
controls.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.481 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 1127, Sec. 1, eff. Sept. 1, 2003.
Sec. 30.00002. DEFINITIONS. In this subchapter:
(1) "Appellate court" means:
(A) the county criminal court, the county criminal court of
appeals, or the municipal court of appeals; or
(B) the county court at law if there is no county criminal
court, county criminal court of appeals, or municipal court of
appeals.
(2) "Governing body" means the legislative body of a
municipality, without regard to the name or title given to any
particular body.
(3) "Municipality" means an incorporated city, town, or village.
(4) "Presiding judge" means the presiding municipal judge, chief
judge, or administrative judge.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.482 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00003. CREATION OF MUNICIPAL COURTS OF RECORD. (a) The
governing body may by ordinance create a municipal court of
record if the governing body determines that the creation of the
court is necessary to provide a more efficient disposition of the
cases arising in the municipality.
(b) The ordinance may establish as many municipal courts of
record as needed as determined by the governing body.
(c) Except as provided by Subsection (d), the ordinance shall
give each court a numerical designation, beginning with
"Municipal Court of Record No. 1."
(d) If a municipality has a unified court of record, that court
shall be the "Municipal Court of Record in the City of (name of
municipality)" and the municipality may establish by ordinance
divisions, beginning with "Division No. 1."
(e) A municipal court of record may not exist concurrently with
a municipal court that is not a municipal court of record in the
municipality.
(f) A municipal court of record has no terms and may sit for any
time for the transaction of business of the court.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.483 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00004. ABOLITION OF COURT. If the governing body of the
city finds that a municipal court of record is unnecessary, the
governing body shall by ordinance declare the office of the
municipal judge vacant at the end of the term for which the judge
was last selected. Any cases then pending shall be transferred to
a court with proper jurisdiction of the offense.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.484 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00005. JURISDICTION. (a) A municipal court of record
has the jurisdiction provided by general law for municipal
courts.
(b) The court has jurisdiction over criminal cases arising under
ordinances authorized by Sections 215.072, 217.042, 341.903, and
551.002, Local Government Code.
(c) The governing body may by ordinance provide that the court
has concurrent jurisdiction with a justice court in any precinct
in which the municipality is located in criminal cases that arise
within the territorial limits of the municipality and are
punishable only by fine.
(d) The governing body of a municipality by ordinance may
provide that the court has:
(1) civil jurisdiction for the purpose of enforcing municipal
ordinances enacted under Subchapter A, Chapter 214, Local
Government Code, or Subchapter E, Chapter 683, Transportation
Code;
(2) concurrent jurisdiction with a district court or a county
court at law under Subchapter B, Chapter 54, Local Government
Code, within the municipality's territorial limits and property
owned by the municipality located in the municipality's
extraterritorial jurisdiction for the purpose of enforcing health
and safety and nuisance abatement ordinances; and
(3) authority to issue:
(A) search warrants for the purpose of investigating a health
and safety or nuisance abatement ordinance violation; and
(B) seizure warrants for the purpose of securing, removing, or
demolishing the offending property and removing the debris from
the premises.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.485 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1093, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.77(1), eff. April 1, 2009.
Sec. 30.00006. JUDGE. (a) A municipal court of record is
presided over by one or more municipal judges.
(b) The governing body shall by ordinance appoint its municipal
judges.
(c) A municipal judge must:
(1) be a resident of this state;
(2) be a citizen of the United States;
(3) be a licensed attorney in good standing; and
(4) have two or more years of experience in the practice of law
in this state.
(d) The governing body shall provide by ordinance for the term
of office of its municipal judges. The term must be for a
definite term of two or four years.
(e) The municipal judge shall take judicial notice of state law
and the ordinances and corporate limits of the municipality. The
judge may grant writs of mandamus, attachment, and other writs
necessary to the enforcement of the jurisdiction of the court and
may issue writs of habeas corpus in cases in which the offense
charged is within the jurisdiction of the court. A municipal
judge is a magistrate and may issue administrative search
warrants.
(f) The municipal judges within a municipality may exchange
benches and act for each other in any proceeding pending in the
courts. An act performed by any of the judges is binding on all
parties to the proceeding.
(g) A person may not serve as a municipal judge if the person is
employed by the same municipality. A municipal judge who accepts
employment with the municipality vacates the judicial office.
(h) The governing body shall determine the salary of a municipal
judge. The amount of a judge's salary may not be diminished
during the judge's term of office. The salary may not be based
directly or indirectly on fines, fees, or costs collected by the
court.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.486 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00007. PRESIDING JUDGE. (a) If there is more than one
municipal judge in the municipality, the governing body of the
municipality shall appoint one of the judges as the presiding
judge.
(b) The presiding judge shall:
(1) maintain a central docket for cases filed within the
territorial limits of the municipality over which the municipal
courts of record have jurisdiction;
(2) provide for the distribution of cases from the central
docket to the individual municipal judges to equalize the
distribution of business in the courts;
(3) request the jurors needed for cases that are set for trial
by jury;
(4) temporarily assign judges or substitute judges to exchange
benches and to act for each other in a proceeding pending in a
court if necessary for the expeditious disposition of business in
the courts; and
(5) supervise and control the operation and clerical functions
of the administrative department of each court, including the
court's personnel, during the proceedings of the court.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.486 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Redesignated
from Sec. 30.00006(d), (e) by Acts 1999, 76th Leg., ch. 691, Sec.
1, eff. Sept. 1, 1999.
Sec. 30.00008. VACANCIES: TEMPORARY REPLACEMENT. (a) If a
vacancy occurs in the office of municipal judge of a court of
record, the governing body shall by ordinance or charter provide
for the appointment of a qualified person to fill the office for
the remainder of the unexpired term.
(b) The governing body may appoint one or more qualified persons
to be available to serve for a municipal judge who is temporarily
absent due to illness, family death, continuing legal or judicial
education programs, or any other reason. The presiding judge, or
the municipal judge if there is no presiding judge, shall select
one of the qualified persons appointed by the governing body to
serve during the absence of a municipal judge. The substitute
judge, while serving as a municipal judge, has all the powers and
shall discharge all the duties of a municipal judge. A substitute
judge must meet the qualifications prescribed for the municipal
judge.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 34, eff.
Sept. 1, 1989. Renumbered from Government Code Sec. 30.487 by
Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.
Renumbered from Sec. 30.00007 and amended by Acts 1999, 76th
Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Sec. 30.000085. REMOVAL OF JUDGE. A municipal judge of a
general law municipality may be removed from office at any time
for the reasons stated and by the procedure provided for the
removal of members of a municipal governing body in Subchapter B,
Chapter 21, Local Government Code. A municipal judge of a
home-rule municipality may be removed from office by the
governing body for the reasons stated and by the procedures
provided for the removal of judges in the charter of the
municipality or, if the charter does not provide for the removal
of judges, as provided by Section 1-a, Article V, Texas
Constitution, or by the procedure provided for the removal of
members of a municipal governing body in Subchapter B, Chapter
21, Local Government Code.
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 402, Sec. 19, eff.
Sept. 1, 2001.
Sec. 30.00009. CLERK; OTHER PERSONNEL. (a) The governing body
shall by ordinance provide for the appointment of a clerk of the
municipal courts of record. The municipal clerk shall keep the
records of the municipal courts of record, issue process, and
generally perform the duties that a clerk of a county court at
law exercising criminal jurisdiction performs for that court. In
addition, the clerk shall maintain an index of all court
judgments in the same manner as county clerks are required by law
to prepare for criminal cases arising in county courts.
(b) The governing body may provide deputy clerks, warrant
officers, and other personnel as needed for the proper operation
of the courts.
(c) The clerk and other court personnel perform their duties
under the direction and control of the presiding judge.
(d) The governing body shall by ordinance provide for the
hiring, direction, supervision, and removal of the personnel
authorized in the annual budget for the clerk's office.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.488 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00008 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00010. COURT REPORTER. (a) The municipality shall
provide a court reporter to preserve a record in cases tried
before a municipal court of record. The court reporter must meet
the qualifications provided by law for official court reporters.
The reporter shall be compensated by the municipality in the
manner determined by the governing body.
(b) The court reporter may use written notes, transcribing
equipment, video or audio recording equipment, or a combination
of those methods to record the proceedings of the court. The
reporter shall keep the record for the 20-day period beginning
the day after the last day of the proceeding, trial, or denial of
motion for new trial, or until any appeal is final, whichever
occurs last.
(c) The court reporter is not required to record testimony in a
case unless the judge or one of the parties requests a record.
(d) Instead of providing a court reporter, the governing body
may provide that the proceedings may be recorded by a good
quality electronic recording device. If the governing body
authorizes the electronic recording, the court reporter is not
required to be present to certify the reporter's record. The
recording shall be kept for the 20-day period beginning the day
after the last day of the court proceeding, trial, or denial of
motion for new trial, whichever occurs last. If a case is
appealed, the proceedings shall be transcribed from the recording
by an official court reporter.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.489 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00009 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 1, eff. May 9, 2005.
Sec. 30.00011. PROSECUTIONS. All prosecutions in municipal
courts of record shall be conducted as provided by Article 45.03,
Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.490 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00010 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00012. COURT FACILITIES. The governing body shall
provide courtrooms, jury rooms, offices, office furniture,
libraries, law books, and other facilities and supplies that the
governing body determines are necessary for the proper operation
of the municipal courts of record.
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1999.
Sec. 30.000125. SEAL. (a) The governing body shall provide
each municipal court of record with a seal.
(b) The seal's appearance and use must substantially conform to
Article 45.02, Code of Criminal Procedure, but must include the
phrase "Municipal Court of/in __________, Texas."
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1999.
Sec. 30.000126. COMPLAINT; PLEADING. Complaints and pleadings
must substantially conform to the relevant provisions of Chapters
27 and 45, Code of Criminal Procedure.
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1999.
Sec. 30.00013. JURY. (a) Ordinances, rules, and procedures
concerning a trial by a jury, including the summoning of jurors,
must substantially conform to Chapter 45, Code of Criminal
Procedure.
(b) The presiding judge, the municipal court clerk, or the court
administrator, as determined by ordinance, shall supervise the
selection of persons for jury service.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.492 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00012 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00014. APPEAL. (a) A defendant has the right of appeal
from a judgment or conviction in a municipal court of record. The
state has the right to appeal as provided by Article 44.01, Code
of Criminal Procedure. The county criminal courts or county
criminal courts of appeal in the county in which the municipality
is located or the municipal courts of appeal have jurisdiction of
appeals from a municipal court of record. If there is no county
criminal court, county criminal court of appeal, or municipal
court of appeal, the county courts at law have jurisdiction of an
appeal.
(b) The appellate court shall determine each appeal from a
municipal court of record conviction and each appeal from the
state on the basis of the errors that are set forth in the
appellant's motion for new trial and that are presented in the
clerk's record and reporter's record prepared from the
proceedings leading to the conviction or appeal. An appeal from
the municipal court of record may not be by trial de novo.
(c) To perfect an appeal, the appellant must file a written
motion for new trial with the municipal clerk not later than the
10th day after the date on which judgment is rendered. The motion
must set forth the points of error of which the appellant
complains. The motion or an amended motion may be amended by
leave of court at any time before action on the motion is taken,
but not later than the 20th day after the date on which the
original or amended motion is filed. The court may for good cause
extend the time for filing or amending, but the extension may not
exceed 90 days from the original filing deadline. If the court
does not act on the motion before the expiration of the 30 days
allowed for determination of the motion, the original or amended
motion is overruled by operation of law.
(d) To perfect an appeal, the appellant must also give notice of
the appeal. If the appellant requests a hearing on the motion for
new trial, the appellant may give the notice of appeal orally in
open court on the overruling of the motion. If there is no
hearing, the appellant must give a written notice of appeal and
must file the notice with the court not later than the 10th day
after the date on which the motion is overruled. The court may
for good cause extend that time period, but the extension may not
exceed 90 days from the original filing deadline.
(e) If the defendant is in custody, the appeal is perfected when
the notice of appeal is given as provided by Article 44.13, Code
of Criminal Procedure.
(f) A municipality shall by ordinance establish a fee for the
preparation of the clerk's record in the amount of $25. The
preparation fee does not include the fee for an actual
transcription of the proceedings. The clerk shall note the
payment of the fee on the docket of the court. If the case is
reversed on appeal, the fee shall be refunded to the defendant.
(g) The defendant shall pay the fee for the preparation of the
clerk's record and the fee for an actual transcription of the
proceedings.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.493 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00013 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 2, eff. May 9, 2005.
Sec. 30.00015. APPEAL BOND. (a) If the defendant is not in
custody, the defendant may not take an appeal until the defendant
files an appeal bond with the municipal court of record. The bond
must be approved by the court and must be filed not later than
the 10th day after the date on which the motion for new trial is
overruled. If the defendant is in custody, the defendant shall be
committed to jail unless the defendant posts the appeal bond.
(b) The appeal bond must be in the amount of $100 or double the
amount of the fines and costs adjudged against the defendant,
whichever is greater.
(c) The bond must:
(1) state that the defendant was convicted in the case and has
appealed; and
(2) be conditioned on the defendant's immediate and daily
personal appearance in the court to which the appeal is taken.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.494 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00014 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00016. RECORD ON APPEAL. The record on appeal must
substantially conform to the provisions relating to the
preparation of a record on appeal in the Texas Rules of Appellate
Procedure and the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.495 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00015 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00017. CLERK'S RECORD. The clerk's record must
substantially conform to the provisions relating to the
preparation of a clerk's record in the Texas Rules of Appellate
Procedure and the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.496 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00016 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 3, eff. May 9, 2005.
Sec. 30.00018. BILLS OF EXCEPTION. Bills of exception must
substantially conform to the provisions relating to the
preparation of bills of exception in the Texas Rules of Appellate
Procedure and the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.497 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00017 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00019. REPORTER'S RECORD. (a) A reporter's record
included in the record on appeal must substantially conform to
the provisions relating to the preparation of a reporter's record
in the Texas Rules of Appellate Procedure and the Code of
Criminal Procedure.
(b) The appellant shall pay for the reporter's record.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.498 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00018 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 4, eff. May 9, 2005.
Sec. 30.00020. TRANSFER OF RECORD. (a) Not later than the
60th day after the date on which the notice of appeal is given or
filed, the parties must file with the municipal clerk:
(1) the reporter's record;
(2) a written description of material to be included in the
clerk's record in addition to the required material; and
(3) any material to be included in the clerk's record that is
not in the custody of the clerk.
(b) On completion of the record, the municipal judge shall
approve the record in the manner provided for record completion,
approval, and notification in the court of appeals.
(c) After the court approves the record, the clerk shall
promptly send the record to the appellate court clerk for filing.
The appellate court clerk shall notify the defendant and the
prosecuting attorney that the record has been filed.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.499 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00019 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 5, eff. May 9, 2005.
Sec. 30.00021. BRIEF ON APPEAL. (a) An appellant's brief on
appeal from a municipal court of record must present points of
error in the manner required by law for a brief on appeal to the
court of appeals.
(b) The appellant must file the brief with the appellate court
clerk not later than the 15th day after the date on which the
clerk's record and reporter's record are filed with that clerk.
The appellant or the appellant's attorney must certify that the
brief has been properly mailed to the appellee.
(c) The appellee must file the appellee's brief with the
appellate court clerk not later than the 15th day after the date
on which the appellant's brief is filed.
(d) Each party, on filing the party's brief with the appellate
court clerk, shall deliver a copy of the brief to the opposing
party and to the municipal judge.
(e) The record and the briefs on appeal shall be limited as far
as possible to the questions relied on for reversal.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.500 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00020 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 6, eff. May 9, 2005.
Sec. 30.00022. NEW TRIAL. The trial court shall decide from the
briefs of the parties whether the appellant should be permitted
to withdraw the notice of appeal and be granted a new trial by
the court. The court may grant a new trial at any time before the
record is filed with the appellate court.
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1999.
Sec. 30.00023. COURT RULES. (a) Except as modified by this
subchapter, the Code of Criminal Procedure and the Texas Rules of
Appellate Procedure govern the trial of cases before the
municipal courts of record. The courts may make and enforce all
rules of practice and procedure necessary to expedite the trial
of cases before the courts that are not inconsistent with law.
(b) The appellate courts may make and enforce all rules of
practice and procedure that are not inconsistent with law and
that are necessary to expedite the dispatch of appeals from the
municipal courts of record.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.501 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00021 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00024. DISPOSITION ON APPEAL. (a) According to the law
and the nature of the case, the appellate court may:
(1) affirm the judgment of the municipal court of record;
(2) reverse and remand for a new trial;
(3) reverse and dismiss the case; or
(4) reform and correct the judgment.
(b) Unless the matter was made an issue in the trial court or it
affirmatively appears to the contrary from the clerk's record or
reporter's record, the appellate court shall presume that:
(1) venue was proven in the trial court;
(2) the jury, if any, was properly impaneled and sworn;
(3) the defendant was arraigned and pleaded to the complaint;
and
(4) the municipal judge certified the charge before it was read
to the jury.
(c) In each case decided by the appellate court, the court shall
deliver a written opinion or order either sustaining or
overruling each assignment of error presented. The court shall
set forth the reasons for its decision. The appellate court clerk
shall mail copies of the decision to the parties and to the
municipal judge as soon as the decision is rendered.
(d) The appellate court may determine the rules for oral
argument. The parties may submit the case on the record and
briefs without oral argument.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.502 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00022 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 7, eff. May 9, 2005.
Sec. 30.00025. CERTIFICATE OF APPELLATE PROCEEDINGS. (a) When
the judgment of the appellate court becomes final, the clerk of
that court shall certify the proceedings and the judgment and
shall mail the certificate to the municipal clerk. The municipal
clerk shall file the certificate with the papers in the case and
note the certificate on the case docket.
(b) If the municipal court of record judgment is affirmed, to
enforce the judgment the court may:
(1) forfeit the bond of the defendant;
(2) issue a writ of capias for the defendant;
(3) issue an execution against the defendant's property;
(4) order a refund for the defendant's costs; or
(5) conduct an indigency hearing at the court's discretion.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.503 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00023 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00026. EFFECT OF ORDER OF NEW TRIAL. If the appellate
court awards a new trial to the appellant, the case stands as if
a new trial had been granted by the municipal court of record.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.504 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00024 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
Sec. 30.00027. APPEALS TO COURT OF APPEALS. (a) The appellant
has the right to appeal to the court of appeals if the fine
assessed against the defendant exceeds $100 and if the judgment
is affirmed by the appellate court.
(b) The provisions of the Code of Criminal Procedure relating to
direct appeals from a county or a district court to the court of
appeals apply to the appeal, except that:
(1) 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
(2) the record and briefs shall be filed directly with the court
of appeals.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31,
1987. Renumbered from Government Code Sec. 30.505 by Acts 1997,
75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997. Renumbered
from Sec. 30.00025 and amended by Acts 1999, 76th Leg., ch. 691,
Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. LUBBOCK
Sec. 30.00041. APPLICATION; DEFINITION. (a) This subchapter
applies to the City of Lubbock.
(b) In this subchapter, "appellate courts" means the county
courts at law of Lubbock County that have criminal appellate
jurisdiction.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code Sec. 30.001 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.03, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 2, eff. Sept. 1, 1999.
Sec. 30.00044. JUDGE. (a) Repealed by Acts 1999, 76th Leg.,
ch. 691, Sec. 139(1), eff. Sept. 1, 1999.
(b) A municipal judge is elected by the qualified voters of the
city for a term of four years.
(c) A municipal judge must be a licensed attorney in good
standing, must have practiced law in this state for five years,
and must be a citizen of the United States and of this state. The
judge must satisfy the residency requirements pertaining to a
member of the city council. A person may not serve as a municipal
judge while the person holds other office or employment with the
city government. A municipal judge who takes such an office or
employment vacates the judicial office.
(d) to (i) Repealed by Acts 1999, 76th Leg., ch. 691, Sec.
139(1), eff. Sept. 1, 1999.
(j) A municipal judge shall comply with the financial statement
requirements under Chapter 572.
(k) Repealed by Acts 1999, 76th Leg., ch. 691, Sec. 139(1), eff.
Sept. 1, 1999.
(l) Section 30.00007(b)(5) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 27, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(40), eff. Sept. 1,
1995. Renumbered from Government Code Sec. 30.004 by Acts 1997,
75th Leg., ch. 165, Sec. 8.03, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 3, 139(1), eff. Sept. 1,
1999.
Sec. 30.00046. COURT REPORTER. (a), (b) Repealed by Acts 1999,
76th Leg., ch. 691, Sec. 139(1), eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code Sec. 30.006 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.03, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 4, 139(1), eff. Sept. 1, 1999.
Sec. 30.00049. COMPLAINT; PROSECUTION; PLEADING. (a) A
proceeding in a municipal court of record commences with a
complaint. The complaint must begin "In the name and by the
authority of the State of Texas" and must conclude "Against the
peace and dignity of the State." If the offense is only covered
by an ordinance, it may also conclude "Contrary to the said
ordinance."
(b) A complaint before the court may be sworn to before an
officer authorized to administer oaths or before the municipal
judge, clerk, city secretary, or city attorney, or the assistant
or deputy of the judge, clerk, city secretary, or city attorney,
each of whom may administer oaths for that purpose.
(c) A complaint must be in writing and must state:
(1) the name of the accused, if known;
(2) an accurate description of the accused, if the name is
unknown;
(3) in plain and intelligible words, the offense with which the
accused is charged;
(4) the place where the offense was committed, which must appear
to be within the jurisdiction of the court; and
(5) the date on which the offense was committed, which must show
that the offense is not barred by limitations.
(d) A prosecution in a court shall be conducted by the city
attorney or an assistant or deputy city attorney.
(e) All pleadings must be in writing and must be filed with the
clerk.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code Sec. 30.009 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.03, eff. Sept. 1, 1997.
SUBCHAPTER C. IRVING
Sec. 30.00081. APPLICATION; DEFINITION. (a) This subchapter
applies to the City of Irving.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Dallas County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 477, Sec. 1, eff. June 12,
1995. Renumbered from Government Code, Sec. 30.0241 by Acts 1997,
75th Leg., ch. 165, Sec. 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 5, eff. Sept. 1, 1999.
Sec. 30.00084. JUDGE. (a) to (g) Repealed by Acts 1999, 76th
Leg., ch. 691, Sec. 139(2), eff. Sept. 1, 1999.
(h) In addition to exercising powers under Section 30.00006, a
municipal judge, with the approval of all parties, may order a
defendant and the victim or complainant in a case before the
municipal court to engage in mediation or alternative dispute
resolution. The city shall provide mediation services and pay all
costs of those services.
(i) Repealed by Acts 1999, 76th Leg., ch. 691, Sec. 139(2), eff.
Sept. 1, 1999.
(j) Sections 30.00007(b)(1), (2), (3), and (5) do not apply to
this subchapter.
Added by Acts 1995, 74th Leg., ch. 477, Sec. 1, eff. June 12,
1995. Renumbered from Government Code, Sec. 30.0244 by Acts 1997,
75th Leg., ch. 165, Sec. 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 6, 139(2), eff. Sept. 1,
1999.
Sec. 30.00085. CLERK; OTHER PERSONNEL. (a) The city manager of
the city may appoint a clerk of the municipal court of record who
may hire, direct, and remove the personnel authorized in the
city's annual budget for the clerk's office. The clerk shall
perform the duties in accordance with statutes, the city charter,
and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 477, Sec. 1, eff. June 12,
1995. Renumbered from Government Code, Sec. 30.0245 by Acts 1997,
75th Leg., ch. 165, Sec. 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 7, eff. Sept. 1, 1999.
Sec. 30.00086. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, Sec.
139(2), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 477, Sec. 1, eff. June 12,
1995. Renumbered from Government Code, Sec. 30.0246 by Acts 1997,
75th Leg., ch. 165, Sec. 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, Sec. 8, 139(2), eff. Sept. 1,
1999.
SUBCHAPTER D. EL PASO
Sec. 30.00121. SHORT TITLE; APPLICATION. (a) This subchapter
may be cited as the El Paso Courts Act.
(b) This subchapter applies to the City of El Paso.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.031 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00122. DEFINITION. In this subchapter, "appellate
court" means the El Paso Municipal Court of Appeals.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.032 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00123. MARRIAGE CEREMONIES. The judge of the appellate
court and each municipal judge may conduct marriage ceremonies in
the city.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.033 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00128. JUDGE. (a) Repealed by Acts 1999, 76th Leg.,
ch. 691, Sec. 139(3), eff. Sept. 1, 1999.
(b) A municipal judge is elected by the qualified voters of the
city for a term of two years unless the city by charter amendment
provides for a four-year term as provided by Article XI, Section
11, of the Texas Constitution.
(c), (d) Repealed by Acts 1999, 76th Leg., ch. 691, Sec. 139(3),
eff. Sept. 1, 1999.
(e) The municipal judges shall select by a majority vote of
those judges a presiding judge of the municipal courts of record.
(f) The presiding municipal judge may, when necessary for the
expeditious disposition of the business of the courts and with
the approval of the governing body of the city, divide a
municipal court of record into one or more divisions. A division
is presided over by an associate municipal judge. A division has
concurrent jurisdiction with the other divisions and municipal
courts of record. Divisions of the courts may be in concurrent
and continuous session, either day or night, at the discretion of
the presiding judge. The presiding judge may assign and transfer
any case pending in any of the courts or divisions to any other
of the courts or divisions. The presiding judge may direct the
manner in which cases are filed and docketed. He may assign a
case or proceeding pending in any of the courts to the judge of
another court or division. He may assign the judge of any of the
courts or divisions to try a case or hear a proceeding pending in
another court or division.
(g) In addition to complying with Section 30.00006(h), the
salary of the presiding judge must be set at an amount that is at
least 20 percent more than the salary of the regular municipal
judges.
(h) to (k) Repealed by Acts 1999, 76th Leg., ch. 691, Sec.
139(3), eff. Sept. 1, 1999.
(l) Section 30.00007(b) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.038 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 9, 139(3), eff. Sept. 1, 1999.
Sec. 30.00129. COURT CLERK; OTHER PERSONNEL. In addition to
satisfying the requirements of Section 30.00009, the governing
body of the city shall provide a clerk of the municipal courts of
record, deputy clerks, and other municipal court personnel,
including at least one bailiff for each court, as necessary for
the proper operation of the municipal courts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.039 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 10, eff. Sept. 1, 1999.
Sec. 30.00130. COURT REPORTER; USE OF CLERK'S RECORDS. (a) To
preserve a record in cases tried before the municipal courts of
record, the city shall provide a court reporter. The governing
body of the city shall determine the qualifications and
compensation of the court reporter.
(b) The court reporter may preserve the record of proceedings by
written notes, transcribing equipment, recording equipment, or
any combination of those methods. The court reporter is not
required to take or record testimony in a case in which neither
the defendant, the prosecutor, nor the judge demands it.
(c) Testimony, exhibits, and evidence given by a witness in a
proceeding in a municipal court of record are solely for the
purposes of that proceeding or an appeal from that proceeding,
and in any civil proceeding, evidence relating to the testimony,
exhibits, evidence, or reproductions of testimony, exhibits, or
evidence is privileged and not admissible except for impeachment
purposes.
(d) Repealed by Acts 2003, 78th Leg., ch. 1263, Sec. 1.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.040 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 11, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 1263, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 8, eff. May 9, 2005.
Sec. 30.00136. CONTINUATION OF MUNICIPAL COURT OF APPEALS. (a)
The El Paso Municipal Court of Appeals continues in existence as
long as a municipal court of record exists in the city.
(b) If the municipal court of record ordinance is repealed, the
appellate court continues in existence as long as there are
appeals before it. A reversal and remand for new trial or other
order returning a case to the trial court shall be to the
municipal court that replaces the municipal courts of record.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.046 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00137. APPELLATE COURT JURISDICTION. (a) The appellate
court has exclusive jurisdiction over all appeals from the
municipal courts of record of the city. The county courts at law
of El Paso County have no jurisdiction over appeals from
municipal courts.
(b) The appellate court and the judge of that court have the
power in criminal law matters to issue to the municipal courts
and judges of those courts the writs of mandamus, procedendo,
prohibition, injunction, and other writs necessary to protect the
appellate court's jurisdiction or enforce its judgments.
(c) The appellate court has the power on affidavit or otherwise
to ascertain matters of fact necessary to the exercise of its
jurisdiction.
(d) The judge of the appellate court is a magistrate within the
meaning of the Code of Criminal Procedure, 1965.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.047 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00138. TERM OF COURT. The appellate court may sit for
the transaction of business at any time during the year, and each
term begins and ends with the calendar year. The appellate court
may use the city council chambers or other appropriate location
as its courtroom for argument of cases and other court matters.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.048 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00139. APPELLATE COURT CLERK. In addition to other
duties, the city clerk serves as the appellate court clerk.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.049 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00140. APPELLATE COURT JUDGE. (a) The appellate judge
shall be elected by the qualified voters of the city for a term
of two years, unless the city by charter amendment provides for a
four-year term as provided by Article XI, Section 11, of the
Texas Constitution. The appellate judge must be a citizen of the
United States and of this state and must have been a practicing
attorney of this state for at least five years immediately
preceding his election or appointment.
(b) A vacancy in the appellate court shall be filled by
appointment by the governing body of the city. The appointee
serves until the next regular municipal election, and at that
election the vacancy for the unexpired or full term shall be
filled by election by the qualified voters of the city.
(c) The appellate judge shall take the oath of office required
for a municipal judge.
(d) An appointed or elected appellate judge may not be removed
from office except in the same manner and for the same causes as
provided by law for county judges and as provided by Article V,
Section 1-a, of the Texas Constitution.
(e) The appellate judge is entitled to compensation from the
city as set by the governing body of the city. The judge's
compensation may not be diminished but may be increased during
his term of office.
(f) The city shall provide the appellate court with necessary
clerical help. The appellate judge and the city may agree that
the judge will provide for his own clerical help, and in that
event the judge is entitled to additional reasonable compensation
by agreement with the city.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.050 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00141. APPELLATE COURT SEAL. The seal of the appellate
court is the same as that provided by law for municipal courts of
record, except that the seal must contain the words "Municipal
Court of Appeals of the City of El Paso," and the seal shall be
judicially noticed.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.051 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00142. SPECIAL APPELLATE JUDGE. (a) If the appellate
judge is unable to act, the governing body of the city may
appoint a person, or the appellant and the city attorney in a
particular case may agree on a person, to serve as the special
appellate judge. The special appellate judge has the powers and
duties of the office and is entitled to receive the same
compensation as the regular appellate judge for serving as a
special appellate judge.
(b) A municipal judge or associate municipal judge may not be
appointed or selected as a special appellate judge.
(c) Except as provided by Subsection (d), an appointment of a
special appellate judge automatically terminates when the regular
appellate judge returns to duty.
(d) If an appellate judge is disqualified from hearing a
particular case, the governing body of the city may appoint a
person, or the appellant and the city attorney may agree on a
person, to serve as the special appellate judge. A special
appellate judge appointed or selected under this subsection is
entitled to receive the same daily compensation as the regular
appellate judge for each day he works on the case he was
appointed or selected to hear. An appointment automatically
terminates at the time the mandate or mandates issue in the case
he was appointed to hear.
(e) A special appellate judge must have the qualifications
required of the regular appellate judge and shall, before he
begins serving as a special appellate judge, take the oath of
office required for a municipal judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.052 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00143. RULES. The appellate judge may make and publish
rules of appellate criminal procedure not inconsistent with this
subchapter or other law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.053 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00144. NEW TRIAL. (a) A motion for new trial is not
necessary to authorize an appeal.
(b) If a motion for new trial is made, it must be filed not
later than the 10th day after the date of the rendition of the
judgment of conviction.
(c) One or more amended motions for new trial may be filed
without leave of court before any preceding motion for new trial
filed by the movant is overruled if the motion is filed not later
than 15 days after the date of the rendition of the judgment of
conviction.
(d) If an original or amended motion for new trial is not
determined by written order signed not later than 30 days after
the date of the rendition of the judgment of conviction, the
motion is overruled by operation of law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.054 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 12, eff. Sept. 1, 1999.
Sec. 30.00145. RIGHT OF APPEAL. (a) A defendant has the right
of appeal from a judgment of conviction in the municipal court of
record under the rules prescribed by this subchapter. The state
has the right of appeal as provided by Article 44.01, Code of
Criminal Procedure. The El Paso Municipal Court of Appeals has
jurisdiction over appeals from the municipal courts of record,
and all appeals from convictions in the municipal court of record
must be prosecuted in the appellate court, the court of appeals,
or the court of criminal appeals by the city attorney or an
assistant city attorney.
(b) Section 30.00014 does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.055 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 13, eff. Sept. 1, 1999.
Sec. 30.00146. NO DE NOVO APPEALS. An appeal from the municipal
court of record may not be taken to a trial de novo in the
appellate court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.056 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Sec. 30.00147. PERFECTING APPEAL. (a) A defendant, as a
condition of perfecting an appeal to the appellate court, must
file an appeal bond, unless the defendant is in custody. An
appeal may be perfected by timely filing with the municipal court
clerk an appeal bond that meets the requirements of Subchapter A.
It is not necessary to file a notice of appeal. If the defendant
is in custody, the appeal is perfected when notice of appeal is
given as provided by Article 44.13, Code of Criminal Procedure.
(b) At the same time the defendant files the appeal bond, the
defendant must pay to the municipal court clerk a $25 appellate
court docket fee. The clerk collects the fee on behalf of the
appellate court.
(c) The appeal bond must be filed not later than the 10th day
after overruling of the motion or amended motion for new trial,
or if there is no motion or amended motion for new trial, not
later than the 10th day after the rendition of the judgment of
conviction.
(d) For good cause shown, not later than the 100th day after the
date of rendition of the judgment of conviction, the appellate
court or the court of appeals may permit the filing of an appeal
bond or the giving of notice of appeal in the municipal court of
record even though the time limits set under this section have
expired.
(e) Except for the limitation contained in Subsection (d), the
appellate court may, for good cause shown, extend any time limits
set in this subchapter for the appellate process.
(f) In a case in which an appellant or the prosecutor files a
motion in the appellate court, the opposite party shall be given
an opportunity to answer the motion under time limits and
conditions set by the appellate court rules.
(g) The appellate court shall waive the $25 appellate court
docket fee if the appellate court finds after hearing that the
defendant is unable to pay the fee. The defendant must file and
personally sign an affidavit that he is unable to pay. The
defendant must file the affidavit not later than the 10th day
after the record on appeal is filed in the appellate court. The
affidavit of inability to pay must contain reasonable information
as the appellate court may require by rules. The prosecutor may
controvert, under time limits and conditions set by the appellate
court rules, the affidavit of inability to pay the docket fee and
may call the appellant as a witness on that issue.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Renumbered from Government Code, Sec. 30.057 by Acts 1997, 75th
Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, Sec. 14, eff. Sept. 1, 1999.
Sec. 30.00162. DISPOSITION ON APPEAL; PRESUMPTIONS; DECISION.
(a) The appellate court may:
(1) affirm the judgment of the municipal court of record;
(2) reverse and remand for a new trial;
(3) reverse and dismiss the case;
(4) reform and correct the judgment;
(5) abate the appeal or dismiss the appeal; or
(6) enter any other appropriate order, as the law and the nature
of the case require.
(b) Unless the following matters were made an issue in the trial
court or it affirmatively appears to the contrary from the
clerk's record or reporter's record, the appellate court shall
presume that:
(1) venue was proven in the court below;
(2) the jury was properly impaneled and sworn;
(3) the defendant was arraigned;
(4) the defendant pleaded to the complaint; and
(5) the court's charge was certified by the municipal court
judge before it was read to the jury.
(c) In each case decided by the appellate court, the court shall
deliver a written opinion or order either sustaining or
overruling each assignment of error presented and a judgment
shall be entered on the opinion or order. If an assignment of
error is overruled, no reason need be given by the appellate
court, but cases relied on by the court may be cited. If an
assignment of error is sustained, the appellate court shall set
forth the reasons for the decision and precedent if it exists.
The appellate court clerk shall mail copies of the decision and
judgment of the appellate court to the parties and to the
municipal court clerk as soon as the decision is rendered by the
appellate court.
(d) After the decision of the appellate court is delivered, a
party desiring a rehearing must present, not later than the 10th
day after the date the decision is delivered, to the court a
motion for rehearing. The motion must distinctly specify the
grounds relied on for rehearing and must be accompanied by
written argument in behalf of the motion. Oral argument in
support of the motion is not permitted. A reply to a motion for
rehearing need not be filed unless requested by the court. If a
motion for rehearing is granted, the court may make final
disposition of the case without reargument, may order the case
resubmitted, with or without oral argument, or may issue other
orders appropriate under the circumstances of the particular
case. A second motion for rehearing may not be filed by the
losing party unless permitted by appellate court rules.
(e) Immediately after a decision of the appellate court becomes
final, the clerk of that court shall issue a mandate and a bill
of costs in the case to the trial court unless directed to
withhold the mandate by the appellate court.
(f) If a decision of the appellate court is appealed to a court
of appeals, the appellate court on receipt of the mandate or
other order from the court of appeals shall immediately comply
with the order or mandate by issuing its own order or mandate and
bill of costs, as the case may be. When a decision of a court of
appeals becomes final, the clerk of that court shall issue a
mandate in the case to the appellate court. A decision of a court
of appeals is final as provided by Article 42.045, Code of
Criminal Procedure, 1965.
(g) Original papers transmitted as the record on appeal to the
court of appeals, on final disposition of the case in the court
of appeals or the court of criminal appeals, shall be returned to
the court clerk from which they were received. The clerk of each
court shall preserve copies of briefs and papers originally filed
in that court.
(h) The municipal court clerk and the appellate court clerk
shall keep a copy of each decision of the appellate court in a
volume or volumes with an index so that the public can inspect
the decisions of the appellate court without the necessity of
inspecting individual records of each case.
(i) When the mandate of the appellate court is received by the
municipal court clerk, the clerk shall file it with the papers in
the case and note it on the docket. If the judgment has been
affirmed or the appeal is dismissed, a proceeding is not
necessary after filing the appellate court mandate in the
municipal court of record to enforce the judgment of the court,
except to forfeit the bond of the defendant, to issue a capias
for the defendant, or to issue an execution against the
defendant's property.
(j) If the appellate court awards a new trial to the defendant,
the cause stands as if a new trial had been granted by the
municipal court of record, and the defendant shall continue on
his appeal bond and shall appear for trial on notification mailed
to his address on the appeal bond.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(3), eff.
Sept. 1, 1987. Renumbered from Government Code, Sec. 30.072 by
Acts 1997, 75th Leg., ch. 165, Sec. 8.06, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
37, Sec. 9, eff. May 9, 2005.
Sec. 30.00164. ALTERNATE APPELLATE PROCEDURE. (a) If the El
Paso Municipal Court of Appeals created by this subchapter is
held unconstitutional or invalid, all appeals under this
subchapter shall be considered as taken to the county courts at
law of El Paso County. Those appeals shall be docketed as
provided by county court at law rules. The county courts at law
of El Paso County have jurisdiction over those appeals and this
subchapter applies to those appeals. One county court at law of
El Paso County shall act as the appellate court. That