(a) 
The municipal court of record has the jurisdiction provided by general law for municipal courts contained in sections 29.003 and 30.00005 of the Texas Government Code.
(b) 
The municipal court of record also has concurrent jurisdiction with the justice courts in criminal cases that arise within the territorial limits of the city and that are punishable only by fine.
(c) 
The municipal court of record also has:
(1) 
Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Texas Local Government Code, or subchapter E, chapter 683, Texas Transportation Code;
(2) 
Concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, Local Government Code, within the city's territorial limits and property owned by the city located in the city's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and
(3) 
Authority to issue:
(A) 
Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
(B) 
Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
(Ordinance 199 adopted 4/22/14)
(a) 
The city manager will recommend to the city council a prospective judge of the municipal court; and, at its discretion, the city council will appoint and remove the judge of the municipal court.
(b) 
The judge of the municipal court must meet the following minimum qualifications:
(1) 
Be a citizen of the United States;
(2) 
Be a resident of this state;
(3) 
Be a licensed attorney in good standing; and
(4) 
Have two or more years of experience in the practice of law in this state.
(c) 
The judge of the municipal court shall serve pursuant to such terms and compensation as may be determined from time to time by the city council; provided, however, that the term of office of the judge of the municipal court shall be two (2) years, commencing on the date the judge of the municipal court is appointed by the city council.
(d) 
If required by the city council, the judge of the municipal court shall serve in accordance with the provisions of a contract entered into between the city and the judge of the municipal court, which contract may be amended or extended from time to time, and he or she shall continue to serve as judge of the municipal court for so long as such contract remains in effect, or earlier if terminated as permitted by law or through resignation.
(e) 
A person may not serve as a judge of the municipal court if the person is otherwise employed by the municipality. A judge of the municipal court who accepts other employment with the municipality vacates the judicial office.
(f) 
The city manager may recommend one or more prospective associate judges of the municipal court to the city council; and, at its discretion, the city council may appoint and remove the associate judges of the municipal court, provided that:
(1) 
All qualifications for appointment and conditions of service applicable to the judge of the municipal court shall apply to the appointment and service of an associate judge.
(2) 
Compensation shall be determined by the city council from time to time.
(g) 
The city secretary shall ensure that all reports required by law to be filed with the office of court administration, or to such office of the state as may be hereafter designated for receipt of reports from a municipal court, are timely filed.
(Ordinance 199 adopted 4/22/14; Ordinance 426 adopted 2/25/20)
(a) 
The city hereby creates the positions of municipal court clerk and deputy court clerk.
(b) 
The city manager shall appoint the municipal court clerk and deputy court clerk and they shall serve at the will of the city, pursuant to such terms and compensation as may be determined from time to time by the city council.
(Ordinance 13 adopted 10/14/08)
(a) 
The municipal judge may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the municipal court of record and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the municipal court of record.
(b) 
The municipal judge is a magistrate and may issue administrative search warrants.
(Ordinance 13 adopted 10/14/08)
The Code of Criminal Procedure and the Texas Rules of Appellate Procedure, as modified by chapter 30, Texas Government Code, govern the trial of cases before the municipal court of record. The court may make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the court that are not inconsistent with law.
(Ordinance 13 adopted 10/14/08)
(a) 
For the purpose of recording the proceedings and preserving a record in all cases tried before the municipal court of record, a good quality electronic recording device shall be used. When the recording device is used, a court reporter need not be present at the trial to certify the statement of facts. Proceedings of the court that are appealed shall be transcribed from the recording by an official court reporter. The recording shall be kept and stored for a 20-day period beginning the day after the last day of the proceeding, trial or denial of motion for a new trial, whichever occurs last.
(b) 
In lieu of a good quality, electronic device and as deemed necessary by the municipal judge, a court reporter appointed by the court clerk under Texas Government Code section 30.00010, shall preserve the record. The court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings of the municipal court of record. The court reporter shall keep the record for a 20-day period 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.
(c) 
Testimony is not required to be recorded in a case unless requested by the judge or one of the parties.
(Ordinance 13 adopted 10/14/08)
(a) 
The city council shall provide courtrooms, jury rooms, offices, office furniture, libraries, law books, and other facilities and supplies that the council determines necessary for the proper operation of the municipal court of record.
(b) 
The city council shall provide the municipal court of record with a seal that contains the phrase “Municipal Court of The City of Bee Cave, Texas,” The seal's use must conform to article 45.012 of the Code of Criminal Procedure.
(Ordinance 13 adopted 10/14/08)
(a) 
A defendant has the right of appeal from a judgment or conviction. The state has the right to appeal as provided by article 44.01 Code of Criminal Procedure. The county criminal courts of Travis County have jurisdiction of appeals from the municipal court of record.
(b) 
The appellate court shall determine each appeal from a municipal court of record conviction and each appeal from the state 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 reporter's record prepared from the proceedings leading to the conviction or appeal. An appeal from the municipal court of record may not be by trial de nova.
(c) 
To perfect an appeal, the appellant must file a motion for new trial not later than the 10th day after the date on which the judgment is rendered. The motion must be in writing and must be filed with the clerk of the municipal court of record. The motion must set forth the points of error of which the appellant complains. The motion or an amended motion may be amended by leave of court at any time before action on the motion is taken, but not later than the 20th day after the date on which the original or amended motion is filed. The court may for good cause extend the time for filing or amending, but the extension may not exceed ninety (90) days from the original filing deadline. If the court does not act on the motion before the expiration of the thirty (30) days allowed for determination of the motion, the original or amended motion is overruled by operation of law.
(d) 
To perfect an appeal, the appellant must also give notice of the appeal. If the appellant requests a hearing on the motion for new trial, the appellant may give the notice of appeal orally in open court on the overruling of the motion. If there is no hearing, the appellant must give a written notice of appeal and must file the notice with the court no later than the 10th day after the date on which the motion is overruled. The court may for good cause extend that time period, but the extension may not exceed ninety (90) days from the original filing deadline.
(e) 
If the defendant is in custody, the appeal is perfected when the notice of appeal is given as provided by article 44.13, Code of Criminal Procedure.
(f) 
The fee for the preparation of the clerk's record, which does not include the fee the defendant must pay for an actual transcript of the proceedings, is $25.00. The clerk 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.
(g) 
The defendant shall pay the fee for the preparation of the clerk's record and the fee for an actual transcription of the proceedings.
(Ordinance 13 adopted 10/14/08)
(a) 
If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the tenth day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond.
(b) 
The appeal bond must be in the amount of $100.00 or double the amount of fines and costs adjudged against the defendant, whichever is greater.
(Ordinance 13 adopted 10/14/08)
(a) 
Not later than the 60th day after the date on which the notice of appeal is given or filed, the parties must file the following with the clerk of the municipal court:
(1) 
The reporter's record;
(2) 
A written description of material to be included in the clerk's record in addition to the required material; and
(3) 
Any material to be included in the transcript that is not in the custody of the clerk.
(b) 
On completion of the record, the municipal judge shall approve the record in the manner provided for record completion, approval, and notification in the court of appeals.
(c) 
After the court approves the record, the clerk shall promptly forward the record to the appellate court clerk for filing.
(Ordinance 13 adopted 10/14/08)
(a) 
Each party, on filing the party's brief on appeal with the appellate court clerk, shall deliver a copy of the brief to the municipal judge.
(b) 
The trial court shall decide from the briefs of the parties whether the appellant should be permitted to withdraw the notice of appeal and be granted a new trial by the court. The court may grant a new trial at any time before the record is filed with the appellate court.
(c) 
If the appellate court awards a new trial to the appellant, the case stands as if a new trial had been granted by the municipal court of record.
(Ordinance 13 adopted 10/14/08)
(a) 
Upon receipt of the certificate of appellate proceedings from the appellate court clerk, the clerk of the municipal court of record shall file the certificate with the papers in the case and note the certificate on the case docket.
(b) 
If the municipal court of record judgment is affirmed, to enforce the judgment the court may:
(1) 
Forfeit the bond of the defendant;
(2) 
Issue a writ of capias for the defendant;
(3) 
Issue an execution against the defendant's property;
(4) 
Order a refund for the defendant's costs; or
(5) 
Conduct an indigency hearing at the court's discretion.
(Ordinance 13 adopted 10/14/08)
(a) 
No person shall knowingly, recklessly or negligently file an affidavit containing any material false statements with the municipal court clerk, when filing of such affidavit is otherwise required under the term of any ordinance of this city or pursuant to an order of the presiding or an associate judge of the municipal court of the city.
(b) 
Prosecution under this section may be initiated by the city prosecutor or by the municipal court clerk.
(c) 
The municipal court clerk shall immediately inform the city prosecutor of the filing of any affidavit containing any material false statement with the court clerk's office.
(d) 
Any person violating any provisions or terms of this section, or who shall fail to comply therewith or with any requirements thereof, shall be guilty of a misdemeanor, and shall, in addition to all other penalties prescribed by law, be liable to a fine, and upon conviction of any such violation shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code.
(e) 
This section shall be cumulative of all provisions of state law.
(f) 
As used in the section, and where the context and circumstances will permit, the term “person” shall mean and include any natural person and any firm, partnership, corporation, trust, or other legally recognized entity.
(2002 Code, art. 7.300)
(a) 
No person shall knowingly or intentionally:
(1) 
Use abusive, indecent, profane, vulgar, or threatening language to a judge, associate judge, court clerk or associate court clerk in the municipal courtroom or any court offices, which language by its utterance tends to incite an immediate breach of peace;
(2) 
Abuse or threaten a judge, associate judge, court clerk or associate court clerk in the municipal courtroom or any court offices in an obviously offensive manner;
(3) 
Make an offensive gesture or display to a judge, associate judge, court clerk or associate court clerk in the municipal courtroom or any court offices, which gesture or display tends to incite an immediate breach of the peace;
(4) 
Make unreasonable noise, including yelling or screaming at a judge, associate judge, court clerk or associate court clerk in the municipal courtroom or any court offices;
(5) 
Disrupt the orderly functioning of the municipal court by any abusive, threatening, or unreasonable loud behavior conducted in an offensive manner.
(b) 
It is a defense to prosecution under subsection (a)(2) that the actor had significant provocation for his abusive or threatening conduct.
(c) 
Any person violating any of the provisions or terms of this section, or who shall fail to comply herewith or with any requirements thereof, shall be guilty of a class C misdemeanor, and shall be liable to pay a fine, upon conviction of any such violation, in accordance with the general penalty provision found in section 1.01.009 of this code.
(2002 Code, art. 7.400)
(a) 
The municipal court clerk is hereby authorized to accept payment by credit card of a fee, fine, court cost, or other charge.
(b) 
The city manager is hereby authorized to contract with a vendor for the collection of payments for fines, fees, court costs or other charges through the Internet. The contract may permit the vendor to collect a reasonable fee from the person making the on-line payment for the provision of this service.
(2002 Code, art. 7.700)
(a) 
Established.
There is hereby created and established a municipal court building security fund (the fund) pursuant to article 102.017 of the Code of Criminal Procedure.
(b) 
Amount of fee.
The municipal court of the city is hereby authorized and required to assess a municipal court building security fee (the fee) in the amount of $3.00 against all defendants convicted of a misdemeanor offense by the municipal court. Each misdemeanor offense shall be subject to separate assessment of the fee.
(c) 
Assessment of fee.
The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. A defendant is considered convicted if:
(1) 
A sentence is imposed on the person;
(2) 
The person is placed on community supervision, including deferred adjudication community supervision; or
(3) 
The court defers final disposition of the person's case.
(d) 
Collection of fee.
The municipal court clerk is hereby authorized and required to collect the fee and to pay same to the treasury of the city. All fees so collected and paid over to the treasury of the city shall be segregated in the fund.
(e) 
Designated uses.
The fund shall be used only for the purpose of financing the purchase of security devices and/or security services for the building or buildings housing the municipal court of the city. Security devices and/or security [services] shall include any and all items described in article 102.017 of the Code of Criminal Procedure.
(f) 
Administration.
The fund shall be administered by or under the direction of the city council.
(2002 Code, art. 7.500)
(a) 
Established.
(1) 
There is hereby created and established a municipal court technology fund, herein known as the fund, pursuant to article 102.0172 of the Code of Criminal Procedure.
(2) 
The fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.
(b) 
Amount of fee: assessment and collection of fee.
(1) 
The fee shall be in the amount of four dollars.
(2) 
The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. A defendant is considered convicted if:
(A) 
Judgment, sentence, or both are imposed on the person;
(B) 
The person is placed on deferred disposition; or
(C) 
The court defers final disposition or imposition of the judgment and sentence in the person's case.
(3) 
The fees shall be collected on conviction for an offense committed on or after September 1, 1999.
(4) 
The clerk of the court shall collect the fee and pay the fee to the municipal treasurer via the city secretary, who shall deposit the fee into the municipal court technology fund.
(c) 
Designated uses; administration.
(1) 
The fund shall be used only for the purpose of financing the purchase of or to maintain technological enhancements for the municipal court of the city. “Technological enhancements” shall include any and all the items described in article 102.0172 of the Code of Criminal Procedure.
(2) 
The fund shall be administered by or under the direction of the city council.
(2002 Code, secs. 7.601-7.603)
(a) 
There is hereby established a special expense warrant fee in the amount of $25.00.
(b) 
The fee shall be assessed and collected from a defendant upon conviction for a misdemeanor offense in the municipal court under section 38.10, Penal Code (Failure to Appear), or section 543.009, Transportation Code (Violation of Promise to Appear), as a cost of court. A defendant is considered convicted if:
(1) 
Judgment, sentence, or both are imposed on the defendant;
(2) 
The defendant is placed on deferred disposition; or
(3) 
The court defers final disposition or imposition of the judgment and sentence in the defendant's case.
(c) 
The clerk of the court shall collect the fee and pay the fee to the municipal treasure via the city secretary for the use and benefit of the city.
(Ordinance 14 adopted 10/14/08)
(a) 
The judge of the municipal court may authorize and impose a thirty percent (30%) collection fee on the items listed under subsection (b), provided that:
(1) 
The amounts are more than 60 days past due; and
(2) 
Have been referred to a private attorney or vendor for collection.
(b) 
The collection fee provided under subsection (a) may be applied to:
(1) 
False alarm penalties or fees imposed under state statute or by ordinance within this code; and
(2) 
All amounts in cases in which the accused has failed to appear:
(A) 
As promised under subchapter A, chapter 543, Transportation Code, or other law;
(B) 
In compliance with a lawful written notice to appear issued under article 14.06(b), Code of Criminal Procedure, or other law;
(C) 
In compliance with a lawful summons issued under article 15.03(b), Code of Criminal Procedure, or other law; or
(D) 
In compliance with a lawful order of a court serving the county or municipality.
(Ordinance 245 adopted 4/14/15)