CHAPTER 30. MUNICIPAL COURTS OF RECORD

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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.

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.

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.

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.

(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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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