Res 239-88 12/20/1988RESOLUTION NO.f �d
RESOLUTION CALLING UPON THE TEXAS STATE
LEGISLATURE TO AMEND CERTAIN PORTIONS OF THE
GOVERNMENT CODE RELATING TO THE MUNICIPAL
COURT OF RECORD OF THE CITY OF WICHITA FALLS.
WHEREAS, the Municipal Court of Record operates under
legislation adopted by the State of Texas; and,
WHEREAS, the City desires this legislation be amended to
streamline court operations, equitably assess court costs, and
update certain sections of the legislation to conform with other
state laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The City Council supports legislation amending Chapter 30 of
the Government Code, a copy of which is attached hereto and made
a part hereof.
The City Council petitions the State Legislature to support
these amendments.
The City Clerk of the City of Wichita Falls shall, at the
earliest possible date, cause to be published a notice of intent
to introduce the attached legislation and shall provide a copy of
this resolution to all legislators representing the City of
Wichita Falls. A copy of the notice of intent, along with a
publisher's affidavit, shall be provided to Representative Gavin
to facilitate introduction of this legislation.
PASSED AND APPROVED this the 20th day of December, 1988.
f _ _
ATTEST:
City Clerk
BILL ANALYSIS
.B.
BY:
PURPOSE: Relates to the Municipal Courts of Record of Wichita Falls.
SECTION 1
Amends Section 30.113 of the Government Code to grant jurisdiction as
provided by general law for municipal courts, and grants extraterritorial
jurisdiction for ordinances authorized by state law.
SECTION 2
Amends Section 30.119 of the Government Code to allow for the filing
of a citation to serve as a complaint to which the defendant can enter a
plea. Allows trial on citation if defendant and prosecutor agree in
writing. Also allows waiver of prosecutor's appearance at trial and
deletes requirement for bailiff. Allows for entry of oral plea in court
and acceptance of fine payment as a nolo contendere plea.
SECTION 3
Amends Section 30.120 of the Government Code to allow for filing of
Court records by microfilm or other legible process and requires
destruction of records by the Court clerk after five years and destruction
of parking records after two years. Eliminates requirement to keep case
folder.
SECTION 4
Amends Section 30.122 of the Government Code to provide for assessment
of all court costs allowed under state law, and costs for summoning a jury
and court reporter when defendant fails to appear for trial. Eliminates
requirement for uncontested parking judgments to be prepared. Deletes
reference to 1965 Code of Criminal Procedure.
SECTION 5
Amends Section 30.123 Government Code to grant the state the right to
appeal in accordance with the Code of Criminal Procedure.
SECTION 6
Amends Section 30.127 of the Government Code to require defendant to
pay costs for preparation of statement of facts when defendant demands
trial with court reporter.
- SECTION 7
Emergency clause; effective date.
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A BILL TO BE ENTITLED
AN ACT RELATING TO THE MUNICIPAL COURTS OF RECORD OF
WICHITA FALLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1: Section 30.113, Government Code., is amended to
read as follows:
"Sec. 30.113. JURISDICTION
(a) A municipal court of record has the jurisdiction
provided by general law for municipal courts.
(b) the court has jurisdiction over cases arising outside
the territorial limits of the city under the ordinances authorized
by Sections 215.072. 217.042.341.903. and 401.002. Local Government
Code. [A- mtinieipai- eetirt- ef- reeerd- created - ender- this - stibehapter -has
3tirisdietien- in- a- eri�inai- ease - arising - ender- the - charter -er -the
ordinances -ef -the- city - end- in- e- eri�inni- ease- thnt- eeetirs- Kithira
the- terrtterini- i4mits -ef- the - city;- arises - tinder - the- iaN9 -ef -this
state;- and- is- pxnishabie- enip -by -a -fine- net -ta- exceed- $266.-]"
Section 2. Section 30.119, Government Code, is amended to
read as follows:
"Sec. 30.119. COMPLAINT; PROSECUTION; PLEADING.
(a) A proceeding in a municipal court of record commences
with the filing of a written citation with the court clerk under
the direction of and approved by the city attorney, an assistant
city attorney, or deputy city attorney, specifying an offense within
the jurisdiction of the court. When a duplicate copy has been given
to the defendant, the duplicate serves as a complaint to which the
defendant may plead "guilty ", "not guilty ", or "nolo contendere"
If the defendant pleads "not guilty" to the offense, a complaint
shall be prepared and filed which complies with subsection (b) of this
section. A defendant may waive the filing of a sworn complaint and
elect that the prosecution proceed on the written citation of the
charged offense if the defendant agrees in writing with prosecution,
signs the agreement, and files it with the court. [A- proeeeding -in -a
mnnteipni- eetirt -ef- reeerd- eerttmenees -Hith- the - filing- ef- s- eempiaint
with- the - eetirt- eierkr -- The- eempiaint- Mast -be- prepared -tinder -the
direction -ef- and - approved -by- the - city - attorney; -nn- assistant -city
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atternep; -er -a- deputy -eitp- atternep - befere- fil4ng-- A- eomplaint -map
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be- eiQxed- by- axp- eredibie- gersea- en- information- and - belief- sworn -te
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befere- the -city- atternep; - assistant -eity- atternep;- eeurt- clerk; -er
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deputy- elerk;- eaeh -ef- `ahem- map - administer -eaths - far- that - purpose - -A
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eomplaint- must -beg in -u In- the- name- and -bp- authority -ef -the- State -ef
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�Pexasu- and - must- eeneixde- uAgainst- the - peace- end - dignity -ef- the- State:u
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The -eity- atternep; -an- assistant -City- atternep; -er -a- deputy -eity
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attorney- need - net - sign -a- parking - ticket;- inelndtng -n- red -meter
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tieket;- unless- the -eemp } aint -is- tried- in- eeurt -]
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(b) A complaint must be in writing, sworn by any credible
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person on information and belief before the city attorney, assistant
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city attorney, deputy city attorney, court clerk, or deputy clerk,
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each of whom may administer oaths for that purpose. A complaint shall
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begin "In the name and by the authority of the State of Texas" and
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shall conclude "Against the peace and dignity of the State," and must
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state:
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(1) the name of the accused, if known;
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(2) an accurate description of the accused, if the name is
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unknown;
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(3) in plain, intelligible words, the offense with which the
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accused if charged;
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(4) the place where the offense was committed, which must appear
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to be within the jurisdiction of the municipal court; and
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(5) the date on which the offense was committed, which must show
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that the offense is not barred by limitations.
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(c) Prosecution in a municipal court of record shall be
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conducted by the city attorney or an assistant or deputy city attorney
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unless the prosecutor's appearance is waived by both parties.
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[Edi -�£he- chief- ef- peliee -ef- the -city- shall -in- person- er -by- deputy
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attend - the- eeurt- and - perform- the - duties -ef- bailiff. -]
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(d) [fe }- All -p) Pleadings in a municipal court of record
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may be in writing and [must -be] filed with the clerk or entered
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orally in open court.The payment of a fine or amount accepted by the
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court constitutes a finding of guilty in open court, as though a plea
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of nolo contendere had been entered by the defendant."
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$y.
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.B. No.
Section 3. Section 30.120, Government Code, is amended to
read as follows:
"Sec. 30.120 FILING OF ORIGINAL PAPERS.
[ {a }] The clerk of the municipal courts of record shall file
the original [eemplalnt- and - the- arlgtnal -ef- ether -] papers and
proceedings in each case under the direction of the presiding judge.
In lieu of filing the original papers, papers may be preserved by
microfilm or other process that correctly and legibly reproduces or
that forms a medium for copying or reproducing. The filed or preserved
[original] papers constitute the records of the courts and a separate
record book is not required. [ Reeerds -that- are - ever -ene- year -eld -may
]5e- preserved- on- mlerefllm;- end - these] Preserved records are admissible
in evidence in civil cases as provided by the Texas Rules of Evidence
relating to the admissibility of contents of writings, recordings,
and photographs. Records, however maintained, shall be destroyed after
five vears from final disposition by the court clerk. Records. however
maintained, pertaining to parking offenses shall be destroyed after two
years from final disposition by the court clerk.
-- [{1� }-- the- elerk- shall- keep -a- separate - £elder - for -eneh -ease;
and - shall - Hate -en- the- et�tslde -ef- the - £elder-
{} }- the - style -ef- the -easel
{� }- the - nature -ef- the- eherged- offense;
{3 }- the - dates -that- the- aarrent- aas- lssxed- and- retxrned7
{4 }- the -date- the - examination -er- trial- aas -held7
E5 }- Whether -trial -was- held -by- gory- er- befere- a- gndge7
{6 }- trial- settin957
{7 }- any- verdlet -of- the -gary7
{8 }- any - judgment -of- the- eourt7
{9 }- any - motion- for- a -neW- trial- and - the- deals }en -en- the- metsen7
{16 }- Whether -an- appeal - Wes - taken7-and
{ } } }- the -date- and -the- manner- tn- Whieh- the- gadesment- end- sentenee
Were - enfereed -]"
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.B. No.
Section 4. Section 30.122, Government Code is amended to
read as follows:
"Sec. 30.122 TRIAL.
(a) Except as modified by this subchapter, the Code of
Criminal Procedure,[19657] as applied to county courts, governs the
trial of cases before a municipal court of record.
(b) A bond taken in a proceeding in the court must be
payable to the state for the use and benefit of the city. The court
may not assess court costs other than:
(1) All fees and costs provided by general law for municipal
courts; [aerrant- fees- er- eaptas- fees- autherf$ed- fer- muntetpa�- eaurts
l9y- tke- 2ede- ef- ermtnn�- Preeedure;- X965 -] and
(2) Costs of summoning a jury and court reporter when the defendant,
without just cause and a continuance granted by the court, fails
to appear for trial. [ fees -fer- the- eriminai- justice -- punning fund
es- autheri reel- bp- Art�e�e-f 9�- 95�;- Eeele- ef- er�mtna�- Preeeelure -]
(c) Testimony, exhibits, or evidence given by a witness in
a proceeding in the court is solely for that proceeding or its appeal.
In any civil proceeding that material is privileged and inadmissible.
(d) A policeman of the city or any other peace officer
may serve a process issued by a municipal court of record under the
provisions applicable to service of county court process by a sheriff
or constable.
(e) If the defendant is convicted of the offense, the judg-
ment and sentence shall be in the name of the state and shall recover
from the defendant the fines and cost for the use and benefit of the
city. The court may require that the defendant remain in the custody
of the chief of police until the fines and costs are paid and shall
order that execution issue to collect the fines and penalties.
Orders and judgments that are not tried in court and that show the
disposition of parking tickets, including red meter tickets, need not
be prepared (signed] by the court.
(f) All fines, fees, costs, and cash bonds shall be paid to
the clerk, who shall deposit them directly into the city general
fund."
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.B. No.
Section 5. Section 30.123, Government Code is amended to
to read as follows:
"Sec. 30.123 APPEAL.
(a) A defendant has the right of appeal from a judgment of
conviction in a municipal court of record as provided by this
subchapter. The state has the [ne] right to [an] appeal [er -te -a,
new - trial -] court orders specified in Article 44.01, Code of Criminal
Procedure under the procedures set forth therein. The county court
shall hear the appeal except in cases in which the county court
does not have jurisdiction of an appeal from a justice court, in
which case the appeal shall be heard by the court that has
jurisdiction of an appeal from the justice court.
(b) To perfect an appeal, the defendant must file a motion
for new trial not later than the 10th day after the date on which
judgment is rendered. The motion must be in writing and must be filed
with the clerk of the municipal courts of record. The motion
constitutes the assignments of error on appeal. A ground of error not
set forth in the motion is waived.
(c) The defendant may take an appeal by giving notice of
appeal in open court. The notice shall be noted on the docket of the
court or embodied in the order overruling the motion for new trial.
The defendant must give the open -court notice or file a written notice
not later than the 10th day after the date on which the order
overruling the motion for new trial is rendered."
Section 6. Section 30.127, Government Code, is amended to read
as follows:
"Sec. 30.127 TRANSFER OF RECORD; FEE
(a) The parties must file the transcript and the statement
of facts with the clerk of the municipal court of record not later
than the 60th day after the date on which the order overruling the
motion for new trial was issued. The clerk shall promptly forward the
record to the appellate court clerk.
(b) The defendant shall pay a $10 fee to the clerk of the
municipal courts of record for the preparation of the transcript and
the cost for preparation of the statement of facts when a court
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reporter is demanded by the defendant. If the case is reversed on
appeal the cost and fee shall be refunded to the
defendant."
Section 7. The importance of this legislation and the crowded
condition of the calendars in both houses create an emergency and
an imperative public necessity that the constitutional rule
requiring bills to be read on three several days in each house be
suspended, and this rule is hereby suspended, and that this Act take
effect and be in force from and after its passage, and it is so
enacted.
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