This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
S.B. No. 1014
AN ACT
relating to records on appeal in municipal courts of record.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 30.00010, Government
Code, is amended to read as follows:
(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 [statement
of facts]. 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.
SECTION 2. Subsections (b), (f), and (g), Section 30.00014,
Government Code, are amended to read as follows:
(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 [transcript and statement of facts] 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.
(f) A municipality shall by ordinance establish a
[transcript preparation] fee for the preparation of the clerk's
record in the amount of $25. The [transcript] preparation fee does
not include the fee for an actual transcription [transcript] 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 [transcript preparation]
fee for the preparation of the clerk's record and the fee for an
actual transcription [transcript] of the proceedings.
SECTION 3. Section 30.00017, Government Code, is amended to
read as follows:
Sec. 30.00017. CLERK'S RECORD [TRANSCRIPT]. The clerk's
record [transcript] must substantially conform to the provisions
relating to the preparation of a clerk's record [transcript] in the
Texas Rules of Appellate Procedure and the Code of Criminal
Procedure.
SECTION 4. Section 30.00019, Government Code, is amended to
read as follows:
Sec. 30.00019. REPORTER'S RECORD [STATEMENT OF
FACTS]. (a) A reporter's record [statement of facts] included in
the record on appeal must substantially conform to the provisions
relating to the preparation of a reporter's record [statement of
facts] in the Texas Rules of Appellate Procedure and the Code of
Criminal Procedure.
(b) The appellant shall pay for the reporter's record
[statement of facts].
SECTION 5. Subsection (a), Section 30.00020, Government
Code, is amended to read as follows:
(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 [statement of facts];
(2) a written description of material to be included
in the clerk's record [transcript] in addition to the required
material; and
(3) any material to be included in the clerk's record
[transcript] that is not in the custody of the clerk.
SECTION 6. Subsection (b), Section 30.00021, Government
Code, is amended to read as follows:
(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 [transcript and statement of
facts] are filed with that clerk. The appellant or the appellant's
attorney must certify that the brief has been properly mailed to the
appellee.
SECTION 7. Subsection (b), Section 30.00024, Government
Code, is amended to read as follows:
(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 [transcript or the statement of facts], 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.
SECTION 8. The heading to Section 30.00130, Government
Code, is amended to read as follows:
Sec. 30.00130. COURT REPORTER; USE OF CLERK'S RECORDS
[TRANSCRIPTS].
SECTION 9. Subsection (b), Section 30.00162, Government
Code, is amended to read as follows:
(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 [transcript or statement of the
facts], 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.
SECTION 10. Subsection (a), Section 30.00306, Government
Code, is amended to read as follows:
(a) The city manager shall appoint an official court
reporter under Section 30.00010 for the purpose of preserving a
record in cases tried before the municipal courts of record. The
reporter holds office at the pleasure of the city manager. The city
manager may appoint more than one reporter for each court if
necessary to dispose of the business of the court without delay. If
a reporter is not demanded, a reporter's record [statement of
facts] may be prepared from mechanical, audio, or video recordings
of the proceedings.
SECTION 11. Section 101.181, Government Code, is amended to
read as follows:
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
The clerk of a municipal court of record shall collect the following
fees and costs:
(1) from an appellant, a [transcript preparation] fee
for preparation of the clerk's record (Sec. 30.00014, Government
Code) . . . $25;
(2) from an appellant in the City of El Paso, an
appellate court docket fee (Sec. 30.00147, Government
Code) . . . $25; and
(3) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 685.008, Transportation Code) . . . $10.
SECTION 12. Section 102.141, Government Code, is amended to
read as follows:
Sec. 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF
RECORD. The clerk of a municipal court of record shall collect the
following fees and costs:
(1) from a defendant on conviction, a fee for
technology fund on a misdemeanor offense (Art. 102.0172, Code of
Criminal Procedure) . . . not to exceed $4;
(2) from an appellant, a [transcript preparation] fee
for preparation of the clerk's record (Sec. 30.00014, Government
Code) . . . $25; and
(3) from an appellant in the City of El Paso, an
appellate court docket fee (Sec. 30.00147, Government
Code) . . . $25.
SECTION 13. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1014 passed the Senate on
April 7, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1014 passed the House on
April 27, 2005, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor