OR 2005-1116 Amending Chapter 5, regarding Municipal CourtAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2005-1116
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 5,
ARTICLE 5-1, SECTIONS 5-1-5(C) AND (D), 5-1-10(B) AND (F), 5-1-11(C), 5-
1-12(A) AND (C), 5-1-13(A), 5-1-14, 5-1-15(A), AND 5-1-17, AND ARTICLE 5-
2, SECTION 5-2-1, TO REPLACE THE TERM "STATEMENT OF FACTS"
WITH "REPORTER'S RECORD" AND THE TERM "TRANSCRIPT"
WITH "CLERK'S RECORD"; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 5, Article 5-1, Sections 5-1-5(C) and (D), 5-1-10(B) and (F),
5-1-1 i(C), 5-1-12(A) and (C), 5-1-13(A), 5-1-14, 5-1-15(A) and 5-1-17, and Article 5-2, Section 5-
2-1, to replace the term "statement of facts" with "reporter's record" and the term "transcript" with
the term "clerk's record," to read as follows:
"ARTICLE 5-1. ESTABLISHMENT OF THE MUNICIPAL COURT OF RECORD
Sec. 5-1-5. Record of proceedings; fees.
C. The record of the municipal court's proceeding shall be kept and stored for
not less than 20 days beginning the day after the last day of the court proceeding,
trial, or denial of motion for new trial, or until any appeal is final, whichever
occurs last. The proceedings that are appealed shall, upon appropriate request, be
transcribed by a court reporter or other person authorized to transcribe the court of
record proceedings, which, when transcribed, shall be referred to as the reporter's
record. The court reporter or other person transcribing the proceedings is not
required to have been present at the proceedings when they were recorded. The
court reporter shall certify the official record.
D. The appellant shall pay for the reporter's record unless the court finds,
after a hearing in response to an affidavit by the defendant, that the defendant is
unable to pay or provide security for the transcription. If the court so finds, the
court shall order the reporter to prepare the record without charge to the
defendant.
Sec. 5-1-10. Appeal.
B. The appellate court shall determine each appeal from the municipal court
of record judgment 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 the reporter's
record prepared from the proceedings leading to the judgment. An appeal from
the municipal court of record is not trial de novo.
F. A defendant must also pay a fee of $25.00 for the preparation of the
clerk's record (the transcript preparation fee). The court administrator 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.
Sec. 5-1-11. Appeal bond; record on appeal.
C. The record on appeal consists of a clerk's record and, if necessary to
appeal, a reporter's record. The court reporter shall prepare the reporter's record
from the reporter's notes, records or mechanical or electronic recordings of the
proceedings.
Sec. 5-1-12. Clerk's record.
A. The municipal court administrator shall prepare under his or her hand and
the seal of the court a clerk's record of the proceedings in the municipal court of
record after payment of the fee for the preparation of the clerk's record. The
municipal court administrator shall prepare the clerk's record under written
instructions from the appellant or the appellant's attorney. The clerk's record must
substantially conform to the relevant provisions relating to the preparation of a
clerks record in the Texas Rules of Appellate Procedure and any relevant
provisions in the Code of Criminal Procedure. The clerk's record must, unless
otherwise agreed to by the parties, include a copy of:
C. The appellee shall file a written instruction to the clerk or administrator of
the municipal court of record if additional portions of the trial proceedings in the
clerk's record are to be included.
Sec. 5-1-13. Reporter's record.
A. A reporter's record included in the record on appeal must contain:
Sec. 5-1-14. Transfer of record; fee.
The parties must file the clerk's record, the reporter's record, if any, and any other
material to be included in the record on appeal that is not in the custody of the
administrator, with the administrator of the municipal court of record not later than 60
days after the date on which the notice of appeal is given or filed. Upon completion of the
record, the municipal judge shall approve the record, and the administrator shall promptly
forward it to the appellate court clerk.
Sec. 5-1-15. Brief on appeal.
A. The appellant must file a brief on appeal with the appellate court clerk not
later than 15 days after the date on which the clerk's record and reporter's record,
if any, are filed with that clerk.
Sec. 5-1-17. Appeal to the court of appeals.
An appeal of the appellate court decision to the court of appeals is governed by
the Texas Rules of Appellate Procedure and the Code of Criminal Procedure, except that
the clerk's record, briefs, and reporter's record, if any, filed in the appellate court
constitute the clerk's record, briefs, and reporter's record on appeal to the court of
appeals unless the rules of the Texas Court of Criminal Appeals or Texas Supreme Court
provide otherwise.
ARTICLE 5-2. COURT COSTS AND FEES
Sec. 5-2-1. Clerk's Record preparation fee.
There is hereby assessed and the municipal courts of record of the city shall
impose and collect a fee for the preparation of the clerk's record of $25.00 from a
defendant seeking to appeal a judgment from the municipal court of record.
SECTION 2. That all provisions of the ordinances and resolutions of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision hereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of
~VED: ~
D'O~LA~ 'lq! ~TOVER, MAYOR
APPROVED AS TO FORM:
ATTEST:
"E'I~B~/~BA~T'¢ S~CRETARY