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The municipal clerk shall maintain a record comprising the minutes of proceedings before each municipal court of record division for five years. The minutes shall contain the following:
(1) all entries required under Section 13-5(b)(3) of this chapter;
(2) the date of appeal in all cases appealed from the municipal court of record to the county court of criminal appeals;
(3) the date or dates of confinement in all cases where a fine is served; and
(4) the number of the receipt of payment in all cases where a fine is paid. (Code 1941, Art. 28-1; Ord. Nos. 8215; 15603; 19181; 19802)
(a) It shall be the duty of the municipal clerk to preserve the records of the municipal court of record in accordance with a record retention schedule adopted by the city council and maintained on file in the city secretary’s office.
(b) Municipal court of record dockets, minutes, warrants, complaints, bond copies, motions, and citations may be reduced to a microphotograph, microfilm, or other process by which the original records may be accurately copied, reproduced, or originated on film, if the following conditions are met:
(1) The municipal clerk, or his designated representative, must check and certify that each microfilm record is a true and correct duplication of the original court record.
(2) An index to all microfilm records must be prepared and maintained.
(3) The public must have free access to any information, to which they are entitled under law, that is contained in the microfilm records.
(c) A microfilm record made in compliance with Subsection (b) is an original record and will be accepted by any court or administrative agency of the state. When issued and certified by the municipal clerk, a copy of the microfilm record on paper or film will be accepted as a certified copy of an original record by any court or administrative agency of the state.
(d) Unless otherwise required by state or federal law, an original record of the municipal court of record that is microfilmed in compliance with Subsection (b) may be destroyed after the microfilm record has been checked and certified as being a true and correct duplication of the original court record in accordance with Subsection (b)(1); except, that any original court record, the subject matter of which is in litigation, may not be destroyed until the litigation is final.
(e) Unless otherwise required by state or federal law, a microfilm record made in compliance with Subsection (b) may be destroyed in accordance with the record retention schedule adopted for the municipal court of record and maintained on file in the city secretary’s office. (Code 1941, Art. 28-5; Ord. Nos. 8215; 19181; 19802)
(a) The municipal court of record shall comply with the recording procedures set forth in Chapter 30 of the Texas Government Code.
(b) Upon request of the municipal judge or upon written request of one of the parties to a trial, proceedings of the municipal court of record, limited to trial testimony and motions before the court, shall be recorded. The proceedings shall primarily be recorded electronically, but may be recorded by a qualified court reporter. The defendant may, at his expense, have a court reporter present in the courtroom during the proceedings.
(c) The recording of municipal court of record proceedings 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, whichever occurs last. The proceedings that are appealed shall be transcribed from the recording by a court reporter or other person authorized to transcribe the court of record proceedings. The court reporter or other person transcribing the recorded proceedings is not required to have been present at the proceedings when they were recorded.
(d) The defendant shall pay for any transcription of the recorded proceedings unless the court finds, after a hearing in response to an affidavit by the defendant, that the defendant is unable to pay or give security for the transcription.
(e) Before the recorded proceedings are transcribed, the defendant shall, unless found by the court to be unable to pay for the transcription, post a cash deposit with the municipal clerk for the estimated cost of the transcription. The cash deposit shall be based on the length of the proceedings, as indicated by the amount of tape used to electronically record the proceedings, and the costs of court reporter, typing, and other incidental services. The municipal clerk shall post a current schedule of charges for transcription fees, including deposits. If the cash deposit exceeds the actual cost of the transcription, the municipal clerk shall refund the difference to the defendant. If the cash deposit is insufficient to cover the actual cost of the transcription, the defendant must pay the additional amount before he is given the transcription. If a case is reversed on appeal, the municipal clerk shall refund to the defendant any amounts paid for a transcription. (Ord. Nos. 19802; 24946)
A defendant who pleads not guilty has the right of appeal from a judgment of conviction in the municipal court of record under the procedures prescribed by Chapter 30 of the Texas Government Code. A defendant who pleads guilty or nolo contendere waives the right of appeal from a judgment in the municipal court of record. An appeal from the municipal court of record may not be by trial de novo. All appeals from the municipal court of record must comply with the requirements and procedures set forth in Chapter 30 of the Texas Government Code and other applicable law. (Ord. Nos. 19802; 24946)
If a case is appealed from the municipal court of record to the county criminal court, or other court to which an appeal may be made, the municipal clerk shall cause a record of the case to be prepared from the transcript and the statement of facts, which must conform to the requirements of Chapter 30 of the Texas Government Code. After approval of the record by the municipal judge, the municipal clerk shall deliver the record and the appeal bond in the case to the county clerk, or deputy county clerk, authorized by law to receive such appeals. The municipal clerk shall procure from the county clerk or deputy county clerk a receipt showing that the appeal in the particular case was received. A full copy of the record on appeal must be kept in the office of the municipal clerk. (Code 1941, Art. 28-3; Ord. Nos. 8215; 19802; 24946; 31395, eff. 1/1/20)
Appearance bond forms, approved by any municipal judge, shall be printed and retained in the office of the city jail, available without charge for use of anyone desiring to submit an appearance bond and being released from jail pending his appearance in the municipal court of record. Appearance bond forms shall also be retained in the office of the municipal clerk, available without charge for use of anyone desiring to submit an appearance bond in order to have an alias case redocketed for trial. Each form of bond must be filled out showing the signature of the official before whom the bond is executed, the face amount of the bond, the names and addresses of the principal and sureties, and the date. Any other bond approved by a municipal judge, or pursuant to any order by a municipal judge complying with state law, may be accepted in lieu of bonds printed on the approved form provided for in this section. (Code 1941, Art. 28-6; Ord. Nos. 8215; 19802)
Within 24 hours after acceptance by the office of the city jail, each appearance bond shall be delivered to and retained by the municipal clerk, such bonds to be a part of the records of the municipal court of record. The municipal court of record may at any time order the destruction of any of these records; provided, that no records shall be destroyed which pertain to any case not yet disposed of or which has been disposed of within less than 12 months. (Code 1941, Art. 28-7; Ord. Nos. 8215; 19802)
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