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89(R) HB 4237 - Introduced version - Bill Text
89R15484 BCH-F
By: Hayes
H.B. No. 4237
A BILL TO BE ENTITLED
AN ACT
relating to appeals from a justice or municipal court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45A.204, Code of Criminal Procedure, is
amended to read as follows:
Art. 45A.204. EFFECT OF APPEAL. All further proceedings in
the case in the justice or municipal court
shall
[
must
] cease
during
the pendency of the appeal
when a defendant files the appeal bond
required by law with the justice or municipal court.
SECTION 2. Article 44.17, Code of Criminal Procedure, is
amended to read as follows:
Art. 44.17. APPEAL TO COUNTY COURT, HOW CONDUCTED. In all
appeals to a county court from justice courts and municipal courts
other than municipal courts of record, the trial shall be de novo in
the trial in the county court, the same as if the prosecution had
been originally commenced in that court. An appeal to the county
court from a municipal court of record may be based only on errors
reflected in the record.
The county court may dismiss a case
appealed to the court or remand the case to the justice or municipal
court.
SECTION 3. This Act takes effect September 1, 2025.