The municipal court shall be governed by the provisions of state
law, the city charter and the rules contained in this chapter.
(1999 Code, sec. 8.901)
All prosecutions in the municipal court shall be conducted by
the city attorney. If there is no city attorney, or if the city attorney
should be absent, sick or unable to act from any cause, then the county
attorney of the county in which the offense is alleged to have happened
shall conduct the prosecutions in the court for his portion of the
county lying within the city, until the city attorney shall be qualified
and able to act. In case of necessity, where the county attorney is
unable or unwilling to act, the judge has the authority to appoint
any competent attorney to conduct any proceedings of any kind in this
court, but his appointment shall be only temporary.
(1999 Code, sec. 8.902)
The city marshal, deputy city marshals, chief of police or any
police officer of the city, when directed by the chief of police,
may act as the bailiff of the municipal court, to maintain order and
to take charge of prisoners who may be convicted of any violation
by the court, and to act with the usual duties of bailiff. If there
be no marshal, deputy marshal, chief of police or police officer in
the city, the judge shall appoint any law enforcement officer of Harris,
Fort Bend or Waller County, or the state, to be the bailiff of the
municipal court while it is in session.
(Ordinance 2561, sec. 7, adopted 1/28/13)
The court shall have a seal with a star with five (5) points
in the center and the words “Municipal Court in Katy, Texas,”
the impression of which shall be attached to all papers issued out
of said court except subpoenas, and shall be used to authenticate
the official acts of the clerk and the judge.
(1999 Code, sec. 8.904)
All prosecutions for violations of the ordinances of the city
or violations of the criminal laws of the state within the territorial
limits of the city and over which this court has jurisdiction shall
be commenced by complaint, which shall begin: “In the name and
by the authority of the State of Texas,” and shall conclude,
“Against the peace and dignity of the State,” and if the
violation is only covered by ordinance, it shall conclude, “Contrary
to the said Ordinance or Section of the Katy Code of Ordinances.”
The complaint shall set forth specifically and with reasonable certainty
the particular act or omission which the defendant is charged with
violating and shall be sworn to by the person making the complaint
before any officer authorized to administer oaths, or before the judge,
clerk of the court, or deputy, city secretary or city attorney, each
of whom, for that purpose, shall have power to administer oaths.
(1999 Code, sec. 8.905)
(a)
The
municipal court shall have no term of court, but may sit at any time
for the transaction of the business of the court. The clerk of the
court shall, under the supervision of the municipal judge, not less
than fourteen (14) days prior to January 1st and July 1st of each
year, designate, in writing, at least two (2) days in each month,
for each of the succeeding six (6) month periods, for appearance day
and calling of the docket for all matters.
(b)
The
exact time for appearance and docket call to be set on each day at
regular intervals is to be determined by the judge, but beginning
on each day so designated at 9:00 a.m.
(1999 Code, sec. 8.906)
When any complaint shall be filed as is provided for in this
chapter, the judge shall issue his warrant of arrest, which shall
be executed by the chief of police or any police officer in a like
manner as similar process in justice court may be executed by the
sheriff; provided, however, if there is no local police officer employed
by the city, the warrant of arrest may be executed by any law enforcement
officer of Harris, Fort Bend or Waller County, or the state; and further
provided that each defendant shall be entitled to at least one day's
notice of any complaint against him if such time be demanded. The
provision of this chapter for the issuance of a warrant for arrest
shall not apply to any complaint where the defendant has signed an
agreement to appear before the court on a given day, until after the
defendant has failed to appear on the date agreed on. Nothing in this
section shall be construed as to prevent the chief of police, any
police officer of the city, or any other authorized law enforcement
officer from making arrests without warrant for any violation of any
law or ordinance of the city, when committed in his presence or view.
(1999 Code, sec. 8.907)
The judge shall have the power to take recognizances, admit
to bail, and forfeit recognizances and bail bonds, under the rules
and regulations as now govern the taking and forfeiting of the same
as in the county court. Any person arrested for violation of any ordinance
of the city, or for the violation of any law of which the municipal
court has jurisdiction, may be admitted to bail on his own recognizance
or upon executing a bond, payable to the city, with sufficient security
to be approved by the judge, or a cash bond in an amount to be determined
by the judge, conditioned that he will appear upon a day and at an
hour therein named before the municipal court to answer for the violation
of the ordinance or law of which he is accused, and there to wait
at his trial, and shall appear from day to day and from time to time
until the case is finally disposed of. Such bond is to be turned over
to the clerk of the court and filed in the clerk's office. The judge
may designate the court clerk to approve and accept bail bonds posted
for offenders conditioned as above provided.
(1999 Code, sec. 8.908)
Whenever a person is bound by a bond as mentioned in the preceding
section of this chapter, and his name shall be called at the door
of the courtroom on the day and time designated in such bond, or any
time during any day thereafter, when the case shall be reached on
the docket, and he shall fail to appear, the forfeiture of such bond
shall be taken.
(1999 Code, sec. 8.909)
(a)
A
surety bond shall be forfeited in the municipal court in the same
manner as in the court of a justice of the peace, but no final judgment
shall be entered against the parties to such bond until such parties
have been served a writ of scire facias requiring them to appear or
show cause, in twenty (20) days after the service of such writ, why
judgment nisi should not be made final against them.
(b)
A
cash bond shall be forfeited as prescribed by the preceding section
of this chapter. When such bond is forfeited, the cash held under
such bond shall be paid into the city treasury.
(c)
Upon
forfeiture of any bond provided herein, the judge or clerk may issue
a capias for the arrest of the defendant.
(1999 Code, sec. 8.910)
The judge or the clerk of the municipal court shall keep a docket
in which there shall be entered the proceedings, trials and examinations
for criminal offenses had before him, which docket shall show:
(1)
The
style of the action;
(2)
The
nature of the offense charged;
(3)
The
date of the issuance of the warrant and the return made thereon;
(4)
The
time when the examination and trial was had, and, if the same was
a trial, whether by jury or not;
(5)
The
verdict of the jury, if any;
(6)
Judgment
of the court;
(7)
Motion
for new trial, if any, and the return of the court thereon;
(8)
Notice
of appeal, if any; and
(9)
The
time when and the manner in which the judgment was in force.
(1999 Code, sec. 8.911)
(a)
When
a defendant is brought before the court, the judge shall inform him
of his right to a jury trial and counsel. The defendant shall also
be advised of his right to make a statement as to the charge against
him, and inform the defendant that he is not required to make a statement,
and that any statement made by him may be used against him.
(b)
The
defendant shall be given the opportunity of making a plea on the charges
against him, which shall be a plea of guilty, not guilty, or nolo
contendere (the term means “I will not contest”). If the
defendant refuses to make a plea, the judge must enter a plea of not
guilty for the defendant.
(1999 Code, sec. 8.912)
(a)
Each defendant shall appear before the municipal court on the appearance day noted in the citation, or as set by the court on the arrest of the defendant. At the time of the appearance the court shall call each case according to its number on the docket. When each case is called, the defendant shall enter a plea before the court on the charges against him and state whether he requests a jury as herein provided in section 7.01.014. After the whole docket has been called and each defendant has made a plea, the court shall proceed to make three (3) separate dockets in numerical order for the defendant's entering a plea of guilty or nolo contendere, a plea of not guilty without a jury, and, a plea of not guilty and request for a jury. If the number of cases on the docket is so great that the judge can determine that all of them cannot be heard on the day of appearance, he shall make a trial setting on a future date at the time the plea is entered by the defendant.
(b)
After
all of the defendants have made their plea before the court, the judge
shall proceed to hear each case separately in the order of the docket
numbers, with the guilty pleas and nolo contendere pleas first, the
not guilty pleas without a jury second, and the jury cases last.
(c)
Any
defendant shall be entitled to appear before the clerk of the municipal
court prior to the appearance day named in the citation or made by
the court and enter his application for a jury to hear his case, and
upon such appearance the clerk shall enter his name on the jury docket
and the defendant will be given a day for his appearance and trial
before a jury.
(d)
The
judge may, for good cause shown, continue any case pending before
him from day to day or postpone the case to some future day.
(1999 Code, sec. 8.913)
(a)
In
the case where the defendant shall enter a plea of not guilty and
make application for a jury trial, the court shall proceed to hear
such case before a jury of six (6) jurors. The selection of such jurors
shall be made by the judge instructing the bailiff or police officer
in the city to summon six (6) disinterested parties or persons who
are qualified voters in the city to act and serve as jurors. The jury
shall be sworn in en-masse and the state and defendant shall be entitled
to examine the jury in the manner provided by the Code of Criminal
Procedure of this state, being allowed to make any number of challenges
for cause, and being allowed three (3) peremptory challenges. If the
number of jurors is not sufficient, the judge shall direct the proper
officer to summon an additional number of qualified prospective jurors.
(b)
If
the trial is conducted with a jury, the jury shall be the exclusive
judges of the law as well as the facts, and the jury shall assess
the fine against the defendant in all cases when the same is not absolutely
fixed by law to some particular penalty.
(c)
Any person summoned to serve as a juror who shall fail or refuse to attend without good cause shown may be fined by the court as provided for in the general penalty provision found in section 1.01.009 of this code.
(d)
Municipal
court jurors shall be paid six dollars ($6.00) for each day of service,
in accordance with V.T.C.A., Government Code, section 62.501.
(1999 Code, sec. 8.914)
(a)
The
judge is authorized to subpoena witnesses, and order their arrest,
attachment, or imprisonment for contempt of court when they fail or
refuse to appear and give testimony, in the same manner as the rules
for enforcing the attendance of witnesses in criminal cases tried
in the justice of the peace court, so far as applicable. Every defendant
has the right to have compulsory process for obtaining witnesses.
(b)
Process
to compel the appearance of witnesses shall be issued by the judge
or the clerk of the court upon the application of the city attorney,
complainant, or of the person charged, and such process when issued
shall be delivered to the chief of police or police officer in the
city or other law enforcement officer in Harris, Fort Bend, and Waller
Counties, or the state, for service on the person named in the subpoena.
(c)
The authorized officer of the court shall administer to each witness an oath before said witness shall testify before the court, and if said witness shall fail or refuse to appear and testify the judge may fine such witness in accordance with the general penalty provision found in section 1.01.009 of this code for contempt of court, and the witness may be attached and imprisoned until he makes such statement.
(d)
Witnesses
shall be paid one dollar and fifty ($1.50) cents per day for each
day they are in attendance upon the court and six cents ($0.06) for
each mile they may travel in going to and returning from the place
of trial. No fee shall be allowed to a person as witness fee unless
such person has been subpoenaed, attached or recognized as a witness
in the case.
(1999 Code, sec. 8.915)
(a)
The
municipal court in the city shall follow, as close as practicable,
the following order for trials where the defendant enters a plea of
not guilty:
(1)
The prosecuting attorney shall state to the judge or jury the nature
of the accusation and read the complaint against the defendant and
relate the facts which are expected to be proved by the state in support
thereof;
(2)
The testimony on the part of the state is offered;
(3)
The nature of the defenses relied upon and the facts expected to
be proved in their support are stated by the defendant's counsel;
(4)
The testimony on the part of the defendant is offered;
(5)
Rebutting testimony on the part of the defense and prosecution is
offered;
(6)
The defense attorney makes his concluding arguments to the court
or jury;
(7)
The prosecuting attorney has the right to make the concluding address
to the court or jury; and
(8)
The court or jury shall render a decision of guilty or not guilty
and assess the punishment, if any.
(b)
Both
the prosecution and defense have the right to make a direct examination
of their own witnesses and a cross-examination of opposing witnesses,
as well as a redirect and recross examination of witnesses.
(c)
Nothing
herein shall be constructed to prohibit the defendant from acting
as his own advocate; however, any person acting as the advocate for
another before this court must be a licensed attorney by the state.
(d)
In
all cases before this court the prosecution has the burden of proving
the defendant guilty beyond a reasonable doubt. “Reasonable
doubt” means that state of the case which, after the entire
comparison and consideration of all evidence, leaves the minds of
court or the jurors in that condition that they cannot say they feel
an abiding conviction to a moral certainty of the truth of a charge.
In case of reasonable doubt as to the defendant's guilt, he is entitled
to be acquitted.
(1999 Code, sec. 8.916)
When the judge or jury has rendered its verdict, the judge shall
immediately enter the proper judgment upon the court docket. If the
defendant is acquitted, he shall be forthwith released from custody
and discharged from all further liability upon the charge for which
he was tried. But if the defendant be convicted, the judgment will
be entered that the state recover for the use and benefit of the city
from the defendant the amount of the fine and all costs of the prosecution,
and that the defendant, if present, be committed to jail until such
fine and costs are paid; provided, however, the judge is authorized
to defer judgment until some other day fixed by order of the court
on the written request of the defendant and for good cause shown.
The judge may defer payment of the fine for a period of not more than
sixty (60) days, and in the discretion of the judge the defendant
may be permitted to remain at large on his own recognizance, or may
require the defendant to post a bond in a sum at least double the
amount of the fine and costs, conditioned that defendant and sureties,
jointly and severally, will pay such fine and costs unless the defendant
discharges the judgment on or before the day set in the order. If
the defendant shall fail to appear and pay the judgment as provided,
or if he is not present when the final judgment is rendered, the judge
shall issue a capias for the arrest of the defendant and shall commence
proceedings to forfeit the bond, and may order that execution be issued
against the property of the defendant for the amount of such fines
and costs.
(1999 Code, sec. 8.919)
(a)
When
a defendant is convicted of a violation in the municipal court of
the city and his punishment is assessed as a pecuniary fine, if he
is unable to pay the fine and costs adjudged against him, he may for
such time as will satisfy the judgment be put to work in the workhouse
or the city farm, or streets, alleys or other public improvements
within the city limits, of if there be no workhouse, farm or improvements
he shall be imprisoned in the city jail. The defendant shall receive
five dollars ($5.00) for each day he shall serve time in the city
jail, workhouse, farm or working on improvements as a credit on the
full amount of the judgment assessed by the court and shall remain
confined until the full amount of the judgment against him shall be
satisfied or until he is discharged according to law.
(b)
If
the city does not maintain a jail, or workhouse, or farm, the defendant
shall be placed in the custody of the sheriff of the county in which
the offense was committed and there to remain until his judgment shall
be satisfied at the rate of five dollars ($5.00) each day of confinement,
or until he shall be released according to law.
(c)
Rather
than either of the foregoing manners of satisfying such judgment,
the judge may issue an execution against the defendant's property,
other than exempt property, to satisfy the fine and costs assessed
against the defendant.
(1999 Code, sec. 8.920)
Every defendant convicted by the municipal court in the city
has a right to appeal the judgment of the court to the proper county
court of the county in which the violation occurred. This right of
appeal shall never be abridged by the judge or any officer of the
municipal court, and when the appeal has been perfected the defendant
shall receive a trial de novo on the violation of which he has been
convicted by the municipal court.
(1999 Code, sec. 8.921)
(a)
Any
defendant shall be granted the right to appeal even though he may
have entered a plea of guilty or nolo contendere in the municipal
court, and provided the defendant has not paid the fine and costs
levied against him.
(b)
An
appeal from the judgment of the municipal court must be made within
ten (10) days from the date of judgment or denial of a new trial by
filing a valid appeal bond with the municipal court.
(c)
After
the filing of such appeal bond the clerk of the court will deliver
all of the papers of the case, together with the appeal bond and a
certified copy of all the proceedings had in the municipal court,
to the clerk of the proper county court.
(1999 Code, sec. 8.922)
On any appeal from a judgment of the municipal court, the defendant
shall furnish a valid bond payable to the state, in an amount of not
less than double the amount of fine and costs adjudged against the
defendant, and in any event not less than the sum of fifty dollars
($50.00); such bond must be approved by the judge of the municipal
court. The bond must recite that the defendant was convicted in the
case being appealed and shall be conditioned that the defendant shall
make his personal appearance before the court appealed to instanter,
if the court is in session, or the next regular term, stating the
time and place of holding the same, and to remain from henceforth
and answer in said cause in court, and the bond must be signed by
the defendant making such appeal. When the bond has been filed with
the judge and approved by him the appeal is perfected.
(1999 Code, sec. 8.923)
If the defendant is acquitted upon appeal, he is released immediately
from custody, his appeal bond is to be returned to him, and no costs
or fine are to be levied or taxed against him. If the judgment of
the municipal court is affirmed by the appeals court, the fines and
costs imposed upon appeal and in the municipal court are to be collected
from the defendant, and the fines and costs of the municipal court
are paid to the city. If the defendant shall fail to make his appearance
on appeal, the appeal bond shall be forfeited and the fines and costs
are to be remitted to the city in satisfaction of its judgment.
(1999 Code, sec. 8.924)
On motion by the defendant, the judge may, for good cause shown,
grant a new trial to any person convicted before him for any violation
of the Code of Ordinances of the city or laws of this state.
(1999 Code, sec. 8.925)
The municipal court and judge, in all matters pertaining to
the administration of justice of which there are no provisions in
this chapter, shall be governed by the laws of this state regulating
proceedings in justice of the peace courts so far as the same may
be applicable.
(1999 Code, sec. 8.926)
(a)
The
city municipal court hereby created is designated as Katy Municipal
Court Number One.
(b)
There
is hereby created an additional municipal court to be known as Katy
Municipal Court Number Two with equal jurisdiction with Katy Municipal
Court Number One.
(c)
There
is hereby created the office of associate municipal judge of Municipal
Court Number Two to serve in the absence of the judge of Municipal
Court Number Two.
(1999 Code, sec. 8.929; Ordinance
adopting Code)
(a)
There
is hereby created the office of city marshal, to be filled by qualified
persons, appointed by the mayor/city administrator. The city marshal
and all persons serving in the capacity as city marshal or deputies
thereof shall meet all qualifications necessary to be certified as
peace officers by the state.
(b)
The
city marshal shall perform the following duties:
(1)
Execute warrants of arrest, subpoenas, summons, and other legal process
issued by a judge of the municipal court;
(2)
Execute other warrants of arrest, subpoenas, summons, and other legal
process as determined by the municipal court administrator/clerk;
(3)
Serve as bailiff of the municipal court;
(4)
Serve subpoenas or other legal process issuing out of the council,
any board, commission, or department requiring legal process for hearings;
and
(5)
Perform such other duties as may be in the authority of certified
peace officers or as may be determined by the mayor/city administrator
or the municipal court administrator/clerk.
(c)
The
city marshal and deputies shall serve as peace officers of the city
and have full police authority in the exercise of their assigned duties.
(d)
The
city marshal and deputies are not members of the police department
of the city; however the city marshal and deputies will be governed
by the city's personnel policies.
(e)
The
city marshal's office will be responsible for carrying the commission
of the city marshal and all deputies through the state commission
on law enforcement officer standards and education, or any successor
agency of the state.
(f)
The
city marshal and deputies shall be required to take an oath of office
before entering upon the discharge of the city marshal's duties. The
oath shall be subscribed by the person taking it and shall be filed
and preserved in the office of the city secretary.
(Ordinance 2561, secs. 1-6, adopted 1/28/13)
(a)
In addition to any special expenses to be taxed against a defendant upon conviction in the municipal court in the city, the judge shall levy a fine that he shall deem proper in an amount as provided for in the general penalty provision found in section 1.01.009 of this code.
(b)
The court has the right to assess such fine up to the legal maximum provided by law. Any violations against the city ordinances or statutes of this state not provided in a schedule as adopted by the city shall on conviction convey such fine as provided for in the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 8.918; Ordinance
adopting Code)
In accordance with the laws of this state, no costs shall be
collected from any defendant on conviction by this court except the
following:
(1)
Warrant fee; contract for service of warrants.
(A)
If after due notice any defendant shall fail to appear in the city
municipal court on the day and at the time set for his appearance,
either by citation or in his bond, or if a defendant is convicted
of a violation in the city municipal court and is assessed a pecuniary
fine which said defendant fails to pay, or if a person lawfully released
from custody, with or without bond, on condition that he subsequently
appear in the city municipal court [fails to appear] as provided in
either article 17.04 Vernon's Code of Criminal Procedure or Texas
Penal Code section 38.10, then a warrant for the arrest of such defendant
shall be issued and upon service thereof such defendant shall pay
to the city municipal court as a special expense, in addition to any
fine assessed, the sum of $25.00 in accordance with Vernon's Code
of Criminal Procedure article 45.06.
(B)
In order to facilitate the service of warrants and arrest of defendants
thereunder, the municipal court clerk is authorized to contract with
any peace officer who:
(i)
Is currently and throughout any contract period a full-time employee
of any state, county or municipal police, sheriff's or constable's
department; and
(ii)
Has and maintains, throughout any contract period with the city,
certification by the state commission on law enforcement officer standards
and education for the purpose of serving warrants outside the corporate
limits of the city. Each contract shall be approved by the mayor and
shall provide that:
a.
The contracting peace officer shall provide his own vehicle, fuel
and maintenance and public liability insurance.
b.
The contracting officer shall exercise his right to arrest under
the contract in strict compliance with the laws of the state.
c.
The contracting officer acknowledges that such contract does not
make said officer an employee of the city and entitled to any employee
benefits.
d.
The officer shall file a written report every month no later than
the 15th of each month for which the report is filed listing each
warrant in his possession and showing arrests made and arrests attempted
and containing the officer's statement that such information is true
and correct.
e.
For each arrest made, the contracting officer making such arrest
shall be paid $20.00, and such payment shall be made at the end of
each month in which a report is filed.
f.
The contracting officer shall not be prohibited from enlisting the
aid of other police agencies in serving any city warrant or making
an arrest thereunder.
|
The municipal court clerk shall maintain a permanent file in
which shall be kept the contracts made with each peace officer and
the original reports filed by each contracting officer.
|
(2)
Appeal fee.
When the defendant shall make an appeal
from a conviction by the municipal court, the added special expense
of five dollars ($5.00) for the filing of the papers in the appeal
court and the preparation of the transcript of the trial shall be
added to the fine assessed by the municipal court and collected if
the defendant is found guilty in the county court.
(3)
Other special expenses.
Any special expense not enumerated
in this section which is allowed by the laws of this state to be added
to the fine and collected from the defendant upon conviction shall
be allowed and collected in all cases tried by the municipal court
in the city.
(1999 Code, sec. 8.917)
(a)
There
is hereby created a municipal court building security fund, to be
administered by the city treasurer.
(b)
There is hereby imposed on each defendant found guilty in city municipal court of a misdemeanor for an offense committed after the date this section becomes effective a security fee as set forth in the fee schedule located in appendix A of this code.
(c)
The
city municipal court clerk shall collect the security fee and pay
such funds to the city treasurer, who shall deposit such money into
and administer such money in the municipal court building security
fund and shall allow such funds to be used only to finance the purchase
of security services for the city municipal court as provided in Vernon's
Ann. C.C.P. art. 102.017(d-1).
(1999 Code, sec. 8.927)
(a)
There
is hereby created a municipal court technology fund, to be administered
by the city treasurer.
(b)
There is hereby imposed on each defendant found guilty in the city municipal court of a misdemeanor for an offense committed after the date this section becomes effective, a technology fee as set forth in the fee schedule located in appendix A of this code.
(c)
The
municipal court clerk shall collect the technology fee and pay such
funds to the city treasurer, who shall deposit such funds into and
administer such funds in the municipal court technology fund and shall
allow such funds to be used only to finance the purchase of technological
enhancements for the city municipal court as provided in Vernon's
Ann. C.C.P. art. 102.0172(d).
(1999 Code, sec. 8.928; Ordinance
adopting Code)
