HBA-LCA H.B. 3514 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3514 By: Marchant Judicial Affairs 4/14/1999 Introduced BACKGROUND AND PURPOSE In a recent municipal election, voters in Carrollton approved revisions to the city charter regarding the qualifications of municipal or assistant municipal judges and the process for the removal of a municipal judge. H.B 3514 amends the Government Code to provide that these changes conform to state law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 30.01096, Government Code, as follows: (a) Provides that an assistant municipal judge, in addition to the municipal judge, may preside over a municipal court of record. Provides that a municipal judge must be a citizen of the municipality and a qualified voter who has been a resident of Texas for at least one year. Prohibits a municipal judge from holding another elected public office, but authorizes the municipal judge to serve as a notary public or as a member of the National Guard or armed services. Prohibits a municipal judge from being in arrears on any payment owed to the city. (b) Makes a conforming change. (c) Makes a conforming change. SECTION 2. Amends Section 30.01097, Government Code, as follows: Sec. 30.01097. New title: VACANCIES; TEMPORARY REPLACEMENT; ASSISTANT MUNICIPAL JUDGES; REMOVAL; AUTOMATIC RESIGNATION. (b) Provides that a relief municipal judge, known as an assistant municipal judge, must be a licensed attorney in good standing in Texas. Provides that an assistant municipal judge must be a United States citizen, but need not be a citizen of the city. Provides that the assistant municipal judge must be a qualified voter who has been a resident of Texas for at least one year. Prohibits a municipal assistant judge from holding another elected public office, but authorizes the judge to serve as a notary public or as a member of the National Guard or armed services. Prohibits an assistant municipal judge from being in arrears on any payment owed to the city. Makes a conforming change. (c) Provides for the removal of an assistant municipal judge after a hearing before the governing body of the city, or by affirmative vote by of a majority of the full membership of that governing body, for incompetence, misconduct, malfeasance, disability, or failure to possess a qualification for office. Deletes language authorizing removal in the manner prescribed for a county court at law judge. (d) Provides that an announcement of candidacy, or a candidacy, for a public election or for a state or national office of profit or trust constitutes an automatic resignation for a municipal or assistant municipal judge. SECTION 3. Amends Section 30.01101, Government Code, by adding Subsections (d) and (e), as follows: (d) Authorizes an attorney representing the state to file an additional complaint before a trial on the merits if a defendant receives at least 24 hours notice of the complaint. (e) Provides that the failure of a defendant to object to a defect, error, or irregularity in a complaint before the date on which a trial on the merits begins constitutes a waiver of the defendant's right to objection. Provides that such a forfeiture of right to objection precludes the right to raise such an objection on appeal or postconviction proceeding. Provides that this subsection does not prohibit a municipal court from requiring that an objection to a complaint be made at an earlier time, as provided under Article 28.01, Code of Criminal Procedure (Motions, Pleadings and Exceptions). SECTION 4. Amends Section 30.01109, Government Code, as follows: Sec. 30.01109. BRIEF ON APPEAL. (a) Increases the amount of time in which a defendant must file a brief on appeal with an appellate court clerk from 15 to 30 days after the date on which transcripts and statement of fact are filed. (b) Requires an attorney representing the state, rather than a city attorney, to file an appellee's brief with an appellate court within 30, rather than 15, days after a defendant's brief is filed. (c) Authorizes an appellate court to grant a motion for extension of time to file a brief in the manner allowed for a brief on appeal to the court of appeals. (d) Created from existing text. (e) Redesignated from existing Subsection (d). SECTION 5. Emergency clause. Effective date: upon passage.