HBA-BSM S.B. 847 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 847
By: Nelson
Judicial Affairs
5/3/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Town of Westlake does not have a municipal court of record.
Without a local statute providing for a municipal court of record, Texas
law requires appeals for a municipal court to be heard by a trial de novo,
or a new trial.  A local statute providing for a municipal court of record,
however, would require the appeal to be based on the recording errors made
during the trial in lieu of a new trial.  Senate Bill 847 authorizes
Westlake to create municipal courts of record and provides that Tarrant
County courts at law that have criminal appellate jurisdiction are
appellate courts. 

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. 

ANALYSIS

Senate Bill 847 amends the Government Code to create municipal courts of
record in the Town of Westlake in Denton and Tarrant counties.  The bill
defines "appellate courts" as the county courts at law of Tarrant County
that have criminal appellate jurisdiction. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.