HomeMy WebLinkAboutResolution - 028 - Support Legislation - Texas Legislature - Municipal Court System Revision - 01/11/1979RESO - 28
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` 1 RESOLUTION
WHEREAS, the growth of the City of Lubbock has resulted in increased traffic
citations as well as problems created by the existing Municipal Court System
requires a revision of the Municipal Court System in the City of Lubbock, NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby support legislation
in the upcoming 1979 session of the Texas Legislature which would create a
Municipal Court of Record for the City of Lubbock, -and
The City Council would urge legislators from the Lubbock area to sponsor
land support such legislation.
Passed by the City Council this
Fowall
day of_
January , 1979.
-D . WEST, MAYOR
A°TTEST.:
Evelyn Gaf ga; Gity Se re ar Treasurer
APPROVE TO FORM: j
------------
n eth Jones, S r st. City Attorney
L_,�d-gt
16-—LUBBOCK AVALANCHE-JOURNAL—Wednesday,Morning, February`21, 1979
.Court .Record Bt
Introduced In S enate
A-J Austin Bureau
but said he planned to contact Shortand
b AiJSTIN —Legislation creating manic-
ask that the judges'- terms ;be changed
ipal courts of rercord in Lubbock, the top
from two to four years in the bill.
egislative priority of city officials, was
A longer term would make the judges
introduced in the Texas Senate Tuesday
less susceptible to political pressure,
by Sen. E. L. Short of Tahoka.
McAlister said.
Short filed SB 632 after receiving a copy
Short's legislation provides for the city,
"of a resolution from the Lubbock Bar As-
council to appoint. the judges initially, un-
;sociation supporting the measure.
' Resolutions of support already had
til the next regular city election when
they would be elected for two-year
Y :been received from the city and county,
terms.
.11
Short explained.
The bill leaves the number of judges to
`"I think the bill will cover all the
be determined.. by city ordinance, with
suggestions made," Short said.
the city authoriied to appoint a presiding
City council members said they were
judge if there is more than one judge.
."delighted" and "pleased" to learn the
The presiding judge would maintain a
bill had been introduced.
`I',m delighted to see we got someone
central docket for cases filed, and distrib-
ute cases among the courts, in addition to
to 1move on the thing," Mayor Dirk West
said. "1'm hopeful on the passage of the
other administrative duties.
bill because it's something we've been
Other features of the bill include:
wanting for several years."
The courts of record will make the city
= That the judges would be "answera-
ble to the governing body of the city only `
courts "more efficient in enforcing city
on budgetary matters." Salaries would be
laws," West said
Councilwoman Carolyn Jordan said she
set by the city.
— Judges are required to be attorneys,
was "very pleased" the bill had been in-
and are barred from holding other office
troduced, adding she hoped state Rep.
or employment in city government.
Froy Salinas of Lubbock's District 75 B
_. County ,jury panels would be used to
"will do the same."
:The courts of record are "so vital to the
provide jurors for the municipal courts.
_ . The city is to furnish courtroom fa -
growth of the community and the judicial
;. cilities, necessary equipment and sup-.
process," she said.
Councilman Bill McAlister said he was
plies and a court reporter.
Short said he hopes for a quick hearing
glad the legislation had been introduced,
on the bill.
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TEXAS LEGISLATIVE SERVICE S. B. 632
AS FINALLY PASSED AND
SENT TO THE GOVERNOR
9-10--305
1 AN ACT �
2 relating to the authority to create municipal courts of record in
3 the City of Lubbock; making provisions relating to the operation of
4 such courts; and prescribing appeals from the municipal courts of
5 record.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS!
7 SECTION 1, CREATION. The governing body of the City of
8 Lubbock may by ordinance establish the city's existing municipal
9 courts as municipal courts of record in accordance with this . Act.
10 Additional municipal courts of record may be created and one or
11 more judges for each court may be authorized by ordinance on a
12 finding that an additional court or courts or additional judges are
13 necessary to properly dispose of the cases arising in the city.
14 SECTION 2, JURISDICTION; WRITS. Ca) Municipal courts
15 created under the provisions of this Act shall have jurisdiction_
16 within the territorial limits of the city in all criminal cases
1.7 arising under the ordinances of the city and shall also have
18 concurrent jurisdiction with any justice of the peace in any
19 precinct in which the city is situated in criminal cases arising
20 within such territorial limits under the criminal laws of this
21 state in which punishment is only by tine not exceeding 5200.
22 Municipal courts shall also have jurisdiction over cases arising
23 outside the territorial limits of the city under the ordinances
24 authorized by Subdivision 19. Article 1175, Revised Civil Statutes
25 of Texas# 1925* as amended.
,� 1
S.B. No, 632
1 Cb) The municipal court of record shall take judicial notice
2 of all ordinances of the city.
3 (c) The judge of a municipal court may grant writs of
4 mandamus# injunction• attachments and all other necessary writs
5 necessary to the enforcement of the jurisdiction of the court and
6 may issue writs of habeas corpus in cases where the offense charged
7 is within the jurisdiction of the court.
g SECTION 3• JUDGES. (a) Each municipal court shall be
9 presided over by one or more judges to be Known as "municipal
10 judges."
11 (b)..Each municipal judge shall be elected by the qualified
12 voters of the city for a term of two years# unless the city by
13 charter amendment provides for a four —Year term as provided by
14 Article XIr Section lip of the Texas Constitution. The governing
15 body of the city may appoint a person or persons with the
16 Qualifications required for a judge to serve as the judge or judges
17 authorized for each newly created municipal court of record until
18 the next regular city election.
19 (c) The judges or substitute judges of the municipal courts
20 may at any time exchange benches and may at any time sit and act
21 for or with each other in any case, matter# or proceeding pending
22 in their courts. An act performed by any of the judges shall be
23 valid and binding on all parties to the cases# matters# and
24 proceedings.
25 (d) If there is more than one municipal judge in the city#
26 the governing body of the city shall appoint one of the judges to
f
2
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S.B. No. 632
1be the presiding municipal judge of the city. If the city has a
2 municipal judge who is either its only municipal judge or its only
3 municipal judge rho is not serving in a temporary or part—time
4 capacity► that judge shall be the presiding municipal judge for all
5 purposes of this Act.
6 (e) The presiding judge shall:
7 (1) maintain a central docket for all cases filed in the
8 geographical limits of the city over Which the municipal courts of
9 the city have jurisdiction;
10 (2) provide for the distribution of cases from the central
11 docket to the individual municipal judges in order that the
12 business of the courts will be continually equalized and•
13 distributed among them;
14 (3) request the jurors needed for cases that are set for
15 trial by jury,in the municipal courts of record, which► as provided
16 by Section-l!(b) of this Act# shall be transferred to and serve in
17 the municipal court as if summoned for the municipal court to which
18 they are transferred;
19 (4) temporarily assign various judges or substitute judges
20 of the municipal courts to exchange benches and to sit and act for
21 each other in any case• matterr or proceeding pending in their
22 courts when necessary for the expeditious disposition of the
23 business of the courts;
24 (5) cause all dockets► books• papers► and other records of
25• the municipal courts to be permanently kept and permit these
26 records to be available for inspection at all reasonable times by
3
S.B. No. 632
` i -
any interested parties;
2
(6) cause to be maintained as part of the records of the
3
municipal courts an index of municipal court judgments such as
4
county clerks are required by law to prepare for criminal cases
5
arising in county courts; and
6
(7) where necessary for the proper functioning of the
7
municipal courts* provide for the preservation 11 by microfilm of the
B
records of the courts, subject to the same requirements provided by
9
i
law for the preservation by microfilm of records under the custody
10
of county clerks.
11
(f) A judge of a municipal court created under the
12
provisions of this Act shall have been a licensed attorney in good
13
standing in the practice of law in this state for a period of five
14
years• shall be a citizen of the United States and of this state.
15
and shall be required to satisfy the same residency requirements as
16
those pertaining to a member of the city council of the City of
17
Lubbock. No person may serve in the office of municipal judge
is
while he or she holds any' other office or employment in the
19
government of the city* and the holding of the other office or
20
employment by a person serving in the office of municipal judge
21
shall create an immediate vacancy in the judicial office.
42
SECTION 4. SALARY. A municipal judge is entitled to
23
compensation by the city on a salary basis. The amount of the
24
salary shall be determined by the governing body of the city and
25 '
may not be diminished during the judge's term of office. The
26
salary may not be based, directly or indirectlyt on finesp fees; or
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5.8. No. 632
i costs that the municipal Judge is required by law to collect during
2 his or her term of office-
3 SECTION 5, VACANCIES= TEMPORARY REPLACEMENTS] REMOVAL. (a)
4 When a vacancy in the office of municipal judge occurs► the
5 governing body of the city shall appoint a person meeting the
6 qualifications required by law for the position to fill the office
7 of municipal Judge for the unexpired term of the judge serving in
a that office prior to the vacancy. If a judge is temporarily unable
9 to act for any reason► the governing body may appoint a person
10 meeting the qualifications for the position to serve during the
11 absence of the judge with all the powers and duties of the office
12 and shall provide for the person's compensation.
13 (b) A municipal Judge may be removed from office for cause
14 to the same extent and under the same rules that judges of the
15 county courts at law may be removed from office. A municipal judge
16 is answerable to the governing body of the city only on budgetary
17 matters.
is (0) Each municipal judge shall comply with the same
19 crovisions'for filing a financial statement as are required of
20 other -Judges by Chapter 421► Acts of the 63rd Legislature► Regular.
21 Session► 1973► as amended (Article 6252-9br Vernon's Texas Civil
22 Statutes).
23 SECTION 6, COURT FACILITIES. The governing body of the city
24 shall provide the courtrooms► jury rooms► offices and office
25 furniture► libraries► legal books and materials► and other supplies
26 and facilities that the governing body determines are necessary for
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S.B. No. 632
i� the proper operation of the municipal courts.
2 SECTION 7, COURT CLERK. The governing body of the city
-3 shall provide a clerk .of the municipal courts and the deputy,
4 clerks# warrant officers# and other municipal court personnel that
5 are necessary for the proper operation of the municipal courts. It
6 is the duty of the clerk to keep the records of proceedings of the
7 municipal courts and to issue all processes, and generally to
8 perform the duties now prescribed by law for clerks of the -county
9 courts at law exercising criminal jurisdiction, insofar as the same
10 may be applicable. The clerk of the municipal courts and all other
11 personnel ,.shall perform the duties of the office under the
12 direction and control of the presiding municipal judge.
13 SECTION 8. COURT REPORTER, (a) For the purpose of
14 preserving a record in cases tried before the municipal court. the
15 city shall provide a court reporter with the qualifications
16 provided by law for official court reporters# whose compensation
-17 shall be determined by the chief administrative officer of the city
18 on the recommendation of the presiding municipal judge.
19 Cb) The record of proceedings may be preserved by written
20 notes, transcribing equipment, recording equipment# or any
21 combination of these methods. The court reporter is not required
22 to take or record testimony in cases where neither the defendant#
23 the prosecutor• nor the judge demands it.
24 SECTION 9. PROSECUTIONS BY CITY ATTORNEY. All prosecutions
25- in municipal courts shall be conducted by the city.attorney of the
26 city or his or her assistant or deputy.
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No. 632
i
SECTION 30. COMPLAINT. (a) Proceedings in municipal courts
2 shall be commenced by complaintr which shall begins "in the name
3 and by the authority of the State of Texas"I and shall
4 concludes "Against the peace and dignity of the State";- and if the
5 offense is only covered by an ordinance► it may also
6 conclude: "Contrary to the said ordinance." The municipal judge
7 shall charge the jury in accordance with Subsection (a) of Section
B 11 of this Act. Complaints before the court may be sworn to before
9 any officer authorized to administer oaths or before the municipal
10 judger clerk of the court► city secretary► or city attorney or his
li or her assistant or deputy, each of whom, for that purpose* shall
12 have power to administer oaths.' The complaint shall be in writing
13 and shall state:
I• 14 (1) the name of the accused, if known► and if unknown, shall
15 describe the accused as accurately as practicable;
t 16 (2) the offense with which the accused is charged in plain
17 and Intelligible -words;
is (3) the place where the 'offense is charged to have been
19 committed* which must appear to be within the jurisdiction of the
20 municipal court; and
21 (4) the -date of the offense which, as stated, must show that
22 the offense is not barred by limitations.
23 (b) All pleadings in the municipal courts shall be in
24 writing and filed with the clerk.of the courts.
25 SECTION jig RIGHT TO JURY. (a) Every person brought before
26 the municipal courts and charged with an offense is entitled to be
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5.8. No. 632
1 tried by a jury of six persons► unless waived according to law.
2 The jury shall decide all questions of fact or credibility of
3 witnesses. The court shall determine all matters of law and shall
4 charge the jury on the law.
5 (b) When requested by the clerk of the municipal courts, the
6 officials in the county who draw the names of jurors from the
7 county jury wheel for the county's central jury system shall draw
a from the same jury wheel► and in the same manner► the names of
9 jurors to compose as many lists for service in the municipal courts
10 as the clerk of the municipal courts requested. The jury lists
11 drawn for .the municipal courts shall be delivered•to the clerk of
12 the municipal court. The governing body of the city shall
13 establish the necessary procedures for the summoning and impaneling
14 of jury panels by the municipal courts and tar the payment of the
15 jurors. A juror serving in the municipal court shall receive the
16 same pay for each day or fraction of a day that he or she serves as
11 jurors receive for service in the other courts of Lubbock County►
1.6 as Provided by Article 2122► Revised Civil Statutes of Texas# 1925►
19 as amended.
20 (c) A .juror in the municipal courts shall have the same
21 qualifications as jurors in the other courts in Lubbock County as
22 provided by Article 2133► Revised Civil Statutes of Texas► 1925. as
23 amended► except that a juror in municipal court shall also be a
24 registered voter in the City of Lubbock. Jurors in the municipal
25' courts are subject to the same law governing exemption and excuse
26 from jury service as the jurors in the other courts in the County-
8
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S.B. No. 632
1• SECTION 12. APPEALS; APPELLATE COURTS. (a) In this Actr
2 "appellate courts" means the county courts at law in Lubbock
3 County.
4 (b) A defendant has the right of appeal from a'judgment or
5 conviction in the municipal court under the rules prescribed in
6 this Act. The appellate courts have jurisdiction over the appeals
7 from the municipal courts# and all appeals from convictions in the
6 municipal court shall be prosecuted in the appellate court by the
9 city attorney or his or her assistants or deputies.
10 SECTION 13, NO DE NOVO APPEALS. Each appeal from a
11 conviction in the municipal court shall be determined by the
12 appellate court on the basis of errors pointed out in the
13 defendant's motion for new trial and presented in the transcript
14 and statement of facts prepared from the municipal court
15 proceedings leading to the conviction. No appeal from the
ib • municipal court may be by trial de novo.
17 SECTION 14, MOTION FOR NEW TRIAL. In order to perfect an
1$ appeelp a written motion for a new trial must'be filed by the
19 defendant no'later than the 10th day after the rendition of the
20 judgment of conviction and may be amended by leave' of court at any
21 time before it is acted on within 20 days after the filing of the
22 original or amended motion. .For good cause shown, the time for
23 filing or amending may be extended by the court, not to exceed 90
24 days. An original or amended motion shall be deemed overruled by
25' operation of lax at the expiration of the 20 days allowed for
26 determination of the motion, if it is not acted on by the court
9
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S.B. No. 632
i within that time. The motion shall set forth the points of error
2 complained of by the defendant.
3 SECTION 15, NOTICE OF APPEAL. In order to perfect an
4• appeal* the defendant shall give timely notice of appeal. In the
5 event the defendant requests a hearing on his or her motion for a
6 new trial, the notice of appeal may be given orally .in open court
7 on the overruling of the motion for new trial. Otherwise, the
8 notice of appeal shall be in writing and filed with the municipal
9 court no later than the 10th day after the motion for new trial is
10 overruled...For,good cause shown,, the time. for giving notice of
11 appeal may be extended by the court,, not to exceed 90 days.
12 SECTION A6. APPEAL BOND. If the defendant is not in
13 custody, an appeal may not be taken until the required appeal bond
s
14. has been filed with and approved by the municipal court. The `
15, appeal bond must be filed no later than the 10th day after the
I
16 motion for new trial has been overruled. If the defendant is in
17 custody, ,the defendant shall be committed to jail unless he or she
18 posts the required appeal Mond. The appeal bond shall be in an
19 amount not less than double the amount of fine and costs adjudged
20 against the defendant. However# the bond may not in any case be
21 for a sum less than $50. The bond shall recite that in the cause
22 the defendant was convicted and has appealed and be conditioned
23 that the defendant shall make his or her personal appearance
24 before the court to which the appeal is taken instantere if the
25 court is in session, and there remain from day to day and answer in
26 the cause.
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S.B. No. 632
i' SECTION 17. RECORD ON APPEAL. The record on appeal in a
2 case appealed from the municipal court consists of a transcript and
3 where necessary to the appeal, a statement of facts, which shall be
4 prepared by a court reporter of the court from the reporter's
5 record of the proceeding, mechanical recordings of the proceedings,
6 or from videotape recordings of the proceedings. If the court
7 finds, after hearing in response to an affidavit by defendant, that
8 the defendant is unable to pay or give security for the record on
9 appeal, the court will order the reporter to make the transcription
10 without charge to the defendant.
11 SECTION 18, CONTENTS OF TRANSCRIPTS. (a) The municipal
12 court clerk, on written request from the defendant or tht
13 defendant's attorneys shall prepare under the clerk's hand and seal
14 of the court for transmission to the appellate court a true
1s transcript of the proceedings in the municipal court and shall
16 include copies of the followings
17 Cl) the complaint;
18 (2) material docket entries made by the courtf
i9 (3) the jury charge and verdict, if the trial is by Juryi
20 (4) the judgment;
21 (5) the motion for a new trial=
22 (6) the notice of appealf
23 (7) all written motions and pleas and orders of the court;
24 (9) bills of exception, if any are filed; and
Y5 ' (9) the appeal bond.
26 (b) The municipal court clerk may include in the transcript
It
i
S.B. No. 632
1 additional portions of the proceedings in the municipal court
2 prepared by mechanical recordings or videotape recordings of the
3 proceedings.
4 SECTION 19, BILLS OF EXCEPTION. Either party may include
5 bills of exception in the transcript on appeal# subject to
6 complying with the applicable provisions of the Code of Criminal
7 Procedure# 1965r as amended# governing the preparation of bills of
8 exception and'their inclusion in the record on appeal to the court
9 of criminal appealsr except that the bills of exception shall be
10 filed with the municipal court clerk within 60 days after the
11,• giving or filing of the notice of appeal.
12 SECTION 20, STATEMENT OF FACTS. A statement of facts# when
13 included in the record on appeal# - shall consist of:
14 (1) a transcription of all or any part of the municipal
15 court proceedings in the case# as provided in this•Actr that are
16 shown by the notes of the court reporter to have occurred before#
17 during# or after the trial# It such a transcription is requested of
is the court reporter by the defendants
19 (2) a brief statement of the facts of the case proven at the
20 trial# as agreed to by the defendant and the prosecuting attorneyl
21 (3) a partial transcription and the agreed statement of the
22 facts of the case proven at the trial; or
23 (4) a transcription of all or any part of the municipal
24 court proceedings in the case that are prepared from the mechanical
25 recordings or videotape recordings of the proceedings.
26 SECTION 21, COMPLETION# APPROVAL# AND TRANSFER OF RECORD,
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S.B, No. 632
1 Ca) Within 60 days of the giving or filing.of the notice of
2 appeal► the parties shall file with the municipal court clerks
3 (1) the statement of factsf # +
4 C2) a written designation of all matter that• is to be
5 included in the transcript in addition to matter required to be in
6 the transcript by Section 16 of this Act; and
7 (3) any matter designated to be included in the transcript
6 that is not then in the custody of the municipal court clerk.
9 Cb) On completing the record as designated by the parties in
10 Subdivision C2)► Subsection (a) of this section► the municipal
11 court judge shall approve the record in the manner provided by law
12 for record completion notification and approval in•appeals to the
13 court of criminal appeals.
14 Cc) On the municipal court judges approval of the record,
15 the municipal• court clerk shall promptly forward the record to be
16 • tiled with the appellate court clerk, who shall' notify the
17 defendant and the prosecuting attorney that the record has been
16 filed.
19 SECTION 22, NEW TRIALS. It is the duty of the trial court
20 to decide from the briefs of the parties whether the defendant
21 should be permitted to withdraw his or her notice of appeal and be
22 granted a new trial by the court. The court may grant a new trial
23 at any time prior to the record being filed with the appellate
24 court clerk.
25- SECTION 23. BRIEF ON APPEAL. Ca) A brief on appeal from
26 the municipal court shall present points of error in the same
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S.B. No. 632
• 1 canner required by law for a brief on appeal to the court of
2 .criminal appeals.
3 (b) The defendant shall file his or her brief with the clerk
4 of the appellate court within 15 days from the date of the filing
5 of the transcript and statement of facts with the appellate court
6 clerk, and the defendant or the defendant's attorney. shall certify
7 in the brief to the posting of such by United States mail with
e proper postage affixed and addressed to the office of the
9 prosecuting attorney. The prosecuting attorney shall file his or
10 her brief with the clerk of the appellate court within 15 days
11 after the defendant files the defendant's brief with the -cleric.
12 Each party, on filing his or her brief with the clerk of the
13 appellate court, shall cause a true copy of the brief to be
14 delivered to the opposing party and to the municipal court judge.
15 SECTION 24, COURT RULES. (a) Except as modified by this
16 Act, the trial of cases before municipal courts shall be governed
17 by the Code of Criminal Procedure, 1965, as amended.
is (b) The municipal courts may make and enforce all necessary
19 rules of practice and procedure, not inconsistent with the law, so
20 as to expedite the trial of cases in the courts.
21 (c) The county courts at law of Lubbock County may make and
22 enforce all necessary rules of practice and Procedure for appeals
23 from municipal courts, not inconsistent with the law, so as to
24 expedite the dispatch of appeals from the municipal courts.
25 SECTION 25. DISPOSITION ON APPEAL. (a) The appellate court
26 may affirm the Judgment of the municipal court, or may reverse or
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S.B. No. 632
i remand for a new trial# or may reverse and dismiss the case, or May
2 reform or correct the judgment# as tht law and the nature at the
3 case may require.
4 (b) The appellate court shall presume that the venue was
5 proven in the court belowe that the jury was properly impaneled and
6 sworn•# that the defendant was arraigned and pleaded to the
7 complaint, and that the court's charge was certified by the
8 municipal court judge before it was read to the jury# unless such
9 matters were made an issue in the trial court or it affirmatively
10 appears to the contrary from the transcript or statement of facts.
11 (c) In each case decided by the appellate courto the court
12 shall deliver a written opinion or order either sustaining or
13 overruling each assignment of error presented. The appellate -court
14 shall set forth the reasons for the decision. Copies of the
15 decision of the appellate court shall be mailed by the clerk of the
16 appellate court to the parties and the judge of the municipal court
17 as soon as the decision is rendered by the appellate court.
1.6 SECTION 26, CERTIFICATE' OF APPELLATE PROCEEDINGS. When the
19 judgment of the appellate court becomes final, the clerk of the
20 appellate court shall make out a proper certificate of the
21 proceedings had and the judgment rendered and shall mail the
22 certificates to the clerk of the municipal court. When the
23 certificate is received by the clerk of the municipal court# the
24 clerk shall file it with the papers in the case and note it on the
25* docket. If the judgment has been affirmed# no proceeding need• be
26 had after filing the certificate in the municipal court to enforce
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S.B. No. 632.
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.
SECTION 27. ORDER OF NEW TRIAL BY APPELLATE COURT. If the
appellate court awards a new trial to the defendant, the cause
shall stand as if a new trial had been granted by the municipal
court.
SECTION 28. APPEAL TO THE COURT OF CRIMINAL APPEALS. When a
Judgment is affirmed by the appellate court, the defendant has the
right to appeal to the Court of Criminal Appeals if the fine
assessed against the defendant in the municipal court exceeded
$100. The appeal to the Court of Criminal Appeals shall be
governed by provisions in the Code of Criminal Procedure, 1965, as
amended, relating to direct appeals from county and district courts
to the Court of Criminal Appeals except that$
Cl) the record and briefs on appeal in the appellate court
shall constitute the record and briefs on appeal to the Court of
Criminal 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 Criminal Appeals.
SECTION 29. SEAL. The governing body of the city shall
provide each municipal court with a seal with a star of five points
in the center and the words "Municipal Court in Lubbock, Texas."
The Impress of the seal shall be attached to all papers, except
subpoenas, issued* out of the court and shall be used by each
s
16
S.B. No. 632
1 municipal judge or the clerk to authenticate all official acts of
2 the clerk and the municipal judge.
3 SECTION 30. TEMPORARY PROVISION. The residency requirements
4 for a judge of a municipal court of record do not apply to a person
5 serving as a municipal Judge in the City of Lubbock on the
6 effective date of this Act until the first regular city election
7 after the establishment of the municipal courts of record.
8 SECTION 31. EMERGENCY. Tne importance of this legislation
9 and the crowded condition of the calendars in both houses create an
10 emergency and an imperative public necessity that the
11 constitutional rule requiring bills to be read on three several
12 days in each house be suspended, and this rule is hereby suspended,
.13 and that this Act take effect and be in force from and after its
'14 passage• and it is so enacted.
17
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S.B. No.,632
President of the Senate Speaker of the House
I hereby certify that S.B. No. 632 passed the Senate on March
29, 1979, by the foilovina vote: Yeas 29, Nays 2= and tnat the
Senate concurred in House amendment on May 23, 1979, by a viva—voce
vote.
Secretary of the Senate
I hereby certify that S.B. No. 632 passed the House, With
amendment, on May 18, 1979, by a non —record vote.
Approved:
Chief Clerk of the House
t Date
Governor