[1]
Editor’s note–See corresponding note located in Appendix A of this code.
(a) 
The City of Lubbock’s two (2) existing municipal courts of record, in accordance with Chapter 30, Subchapter B of the Code, shall have a single judge, who may be assisted from time to time by substitute, temporary or part-time judges appointed by the city council. The city council may hereafter by resolution provide for the division of the court into one or more divisions as required by the court’s workload prior to any general city election. Each such division shall be presided over by its own full-time or part-time judge at the discretion of the city council.
(b) 
In addition to the jurisdiction provided by state law, and in accordance with Section 30.00005(d) of the Code, City Council provides that the court has:
(1) 
Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, 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 municipality’s territorial limits and property owned by the municipality located in the municipality’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.
(1959 Code, sec. 9-1; Ordinance 8032, sec. 1, adopted 4/10/1980; 1983 Code, sec. 17-1; Ordinance 8553, sec. 1, adopted 2/23/1984; Ordinance 2017-O0049 adopted 4/27/2017)
The operation and procedure of the municipal court of record shall be as provided by the Texas Government Code, chapters 29 and 30, and applicable provisions of the Texas Code of Criminal Procedure.
(1959 Code, sec. 9-2; Ordinance 8032, sec. 1, adopted 4/10/1980; 1983 Code, sec. 17-2; Ordinance 8553, sec. 1, adopted 2/23/1984; Ordinance 9320, sec. 9, adopted 12/14/1989; Ordinance 2000-O0022, sec. 1, adopted 5/11/2000)
Upon delivery of jury lists drawn for the municipal court of record to the clerk of the court, jurors shall be summoned, impaneled and paid in accordance with procedures established by the presiding judge of the municipal court of record.
(1959 Code, sec. 9-3; Ordinance 8032, sec. 1, adopted 4/10/1980; 1983 Code, sec. 17-3; Ordinance 8553, sec. 1, adopted 2/23/1984)
(a) 
Definitions.
For the purposes of this section:
Inspector
shall mean any official inspector for any department of the City of Lubbock, Texas, which is charged with code enforcement, including, but not limited to, inspectors for the departments of zoning and environmental control, housing and building inspection.
Magistrate
shall mean any judge of a municipal court of the City of Lubbock, Texas.
Search warrant
shall mean a written order, issued by a magistrate and directed to any inspector, as defined in this section, commanding him to any specified premises to determine the presence of a violation or violations of any ordinance or ordinances of the City of Lubbock, Texas.
(b) 
Interference.
Any person interfering with the execution of a lawful search warrant issued pursuant to this section shall be guilty of a misdemeanor.
(c) 
Conflicts.
Nothing in this section shall be construed to conflict with any state or federal law and shall be in addition to any rights granted thereby.
(d) 
Authorized.
Except as provided in subsection (e) following, inspectors are hereby authorized and directed to seek and obtain search warrants from magistrates, as provided in this section, before making any inspection incidental to the enforcement of any provision in this code. Magistrates are hereby authorized to issue such warrants subject to the requirements of this section.
(e) 
Not required under certain conditions.
Search warrants shall not be required under the following circumstances:
(1) 
When permission to inspect premises has been granted by someone apparently having charge or control of those premises; for the purpose of this subsection, permission to inspect may be granted either verbally, in writing or by some other action indicating consent; or
(2) 
When there exists an imminent danger or peril to human life, limb or property and any delays resulting from the application for a search warrant would materially increase the likelihood of loss from such danger or peril; or
(3) 
When the inspection can be executed by a person who is an invitee on premises held open to the general public; for the purposes of this subsection a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection by someone having charge or control of those premises.
(f) 
Probable cause.
No search warrant shall be issued pursuant to this section except on the presentation of evidence of probable cause to believe that a violation or violations are present in the premises sought to be inspected. In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following:
(1) 
The age and general condition of the premises;
(2) 
Previous violations or hazards found present in the premises;
(3) 
The type of premises;
(4) 
The purposes for which the premises are used; and
(5) 
The presence of hazards or violations in the general condition of premises near the premises sought to be inspected.
(g) 
Affidavit.
A sworn affidavit setting forth substantial facts towards establishing probable cause shall be filed in every instance in which a search warrant is requested.
(h) 
Contents.
A search warrant issued pursuant to this section shall be sufficient if it contains the following requisites:
(1) 
That it run in the name of “The State of Texas”;
(2) 
That it identify, as near as may be, the premises to be inspected;
(3) 
That it command an inspector to inspect forthwith the premises described; and
(4) 
That it be dated and signed by the magistrate.
(i) 
Execution.
An inspector to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It must be executed within three (3) days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant by the magistrate. The inspector shall, upon going to the place ordered to be inspected, give notice of his purpose to the person who has charge of or is an inmate of the place described in the warrant. If such persons cannot be found, upon execution of the search warrant, a copy of said warrant shall be affixed to the front door of the building or premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the circumstances.
(j) 
Days allowed for warrant to run.
The time allowed for the execution of a search warrant shall be three (3) whole days, exclusive of the day of its issuance and of the day of its execution. The magistrate issuing a search warrant under the provisions of this section shall endorse on such search warrant the date and hour of the issuance of the same.
(k) 
Power of inspector executing warrant.
In the execution of a search warrant, the inspector may call to his aid any number of citizens in this city, who shall be bound to aid in the execution of the same.
(l) 
Seizure of tangible goods; arrests.
The execution of a search warrant issued pursuant to this section shall not include any authority to make arrests or to seize tangible goods of a violation.
(m) 
How return is made.
Upon returning the search warrant, the inspector shall state on the back of the same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the report resulting from that inspection.
(n) 
Records.
The magistrate shall keep a record of all proceedings had before him in the cases of search warrants as part of the official records of his court.
Editor’s note–A home rule city can enact an ordinance providing for administrative search warrants to be issued by a municipal court judge. Tex. Att’y Gen. Op. No. MW-228 (1980).
(1959 Code, sec. 1-13; Ordinance 7859, secs. 1–16, adopted 5/24/1979; 1983 Code, sec. 17-4)
The municipal court of record shall collect a special expense fee for services performed in cases in which the laws of this state require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense. The amount of such fee shall not exceed the maximum amount for such fees as provided by the laws of this state.
(1983 Code, sec. 17-5; Ordinance 9119, sec. 1, adopted 9/24/1987)
(a) 
There is hereby created the position of city marshal, which position may be occupied by one or more persons as provided for by the annual city budget and approved by the city council.
(b) 
The duties of such city marshals shall be as is specified by the annual city budget and approved by the city council, including service of process for the municipal courts of record as provided by article 45.04 of the Texas Code of Criminal Procedure.
(c) 
The pay of such city marshals shall be as is specified by the annual city budget and approved by the city council.
(d) 
Such persons as are appointed city marshals shall not be deemed officers of the city, but shall be employees of the city.
(e) 
Such persons as are appointed city marshals shall be peace officers under applicable laws of the State of Texas and Ordinance No. 9286, but they shall not be members of the city police department or appointed pursuant to the civil service laws of the State of Texas.
Editor’s note–Article 45.04 of the Code of Criminal Procedure referred to in subsection (b) above was renumbered as article 45.202 and amended by Acts 1999, 76th Legislature, ch. 1545, sec. 60, effective September 1, 1999.
(1983 Code, sec. 17-6; Ordinance 9286, secs. 1–5, adopted 6/22/1989)
(a) 
A municipal court building security fund is created.
(b) 
Any defendant convicted for a misdemeanor offense in municipal court, as defined in Vernon’s Ann. C.C.P. art. 102.017, except for defendants convicted of parking offenses, is hereby required to pay a three dollar ($3.00) security fee to the clerk of such court as a cost of court.
(c) 
The clerk of the municipal court is hereby authorized and instructed to collect the security fees hereinabove authorized and deposit the same into the municipal court building security fund as soon as reasonably practical.
(d) 
The security fees collected and deposited into the municipal court building security fund shall be used to finance only those items authorized by Vernon’s Ann. C.C.P. art. 102.017 as appropriate.
(1983 Code, sec. 17-7; Ordinance 10005, secs. 1–4, adopted 8/28/1997)
(a) 
A municipal court technology fund is hereby created.
(b) 
Any defendant convicted of a misdemeanor offense in the Lubbock Municipal Court of Record as defined by Vernon’s Ann. C.C.P. art. 102.0172, except for defendants convicted of parking offenses, is hereby required to pay a four dollar ($4.00) technology fee to the clerk of such court as a cost of court.
(c) 
The clerk of the Lubbock Municipal Court of Record is hereby authorized and directed to collect the technology fees hereinabove authorized and deposit the same into the municipal court technology fund as soon as is reasonably practicable.
(d) 
The technology fees collected and deposited into the municipal court technology fund shall be used to finance only those items authorized by Vernon’s Ann. C.C.P. art. 102.0172 as appropriate.
(1983 Code, sec. 17-8; Ordinance 2003-O0102, secs. 1–4, adopted 10/9/2003)
(a) 
There is created a juvenile case manager fee pursuant to article 102.0174 of the Texas Code of Criminal Procedure.
(b) 
A defendant convicted of a fine-only misdemeanor offense in municipal court shall pay a five dollar ($5.00) juvenile case manager fee as a court cost. This fee does not apply to parking citations.
(c) 
For purposes of this section, a person is considered convicted if:
(1) 
A sentence is imposed on the defendant; or
(2) 
The defendant receives deferred disposition, including deferred proceedings under article 45.052 or 45.053 of the Texas Code of Criminal Procedure.
(d) 
The municipal court judge is authorized to waive this fee in a case of financial hardship, for example, if a municipal court judge has determined that the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs.
(e) 
The municipal court administrator shall collect this cost of court and pay it to the city treasurer to be kept in a separate fund known as juvenile case manager fund.
(f) 
The juvenile case manager fund may be used only to finance the salary and benefits of a juvenile case manager employed by the municipal court or by an interlocal agreement with another local government entity in accordance with chapter 791, Government Code, to jointly employ a case manager, under article 45.056 of the Texas Code of Criminal Procedure.
(g) 
The municipal court, or an entity or by agreement (in accordance with chapter 791, Government Code), on approval of the city council may employ one or more full-time juvenile case managers to assist the court in administering the court’s juvenile docket and in supervising its court orders in juvenile cases.
(h) 
This juvenile case manager fund shall be administered by or under the direction of the city council.
(i) 
This fee applies only to conduct that occurs on or after the effective date of the ordinance from which this section derives.
(1983 Code, sec. 17-9; Ordinance 2009-O0064, sec. 1, adopted 7/28/2009)
(a) 
Any defendant convicted or who enters a plea of guilty or no contest to a parking offense on a highway, street, or alley under this Code shall be required to pay a fee of five dollars ($5.00) to the municipal court clerk as a cost of court in addition to any other fines or court costs which may be imposed on such defendant.
(b) 
The five dollar ($5.00) fee for each case described in subsection (a) of this section shall be collected in the same manner that other fines in such cases are collected.
(c) 
All fees collected pursuant to subsection (a) of this section must be used to defray the cost of any school crossing guard program operated by the city, or as otherwise directed by state law.
(1983 Code, sec. 17-10; Ordinance 2009-O0083, sec. 1, adopted 9/10/2009)
(a) 
The municipal court judge has the exclusive authority to appoint, supervise, and remove a clerk of the municipal court of record in accordance with the City of Lubbock Employee Policy Manual. The municipal clerk shall perform his or her duties under the exclusive direction and control of the presiding judge. The municipal court clerk shall keep the records of the municipal courts of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the municipal court clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The clerk shall perform his or her duties in compliance with state and federal statutes, the city charter and city ordinances.
(b) 
The municipal court judge has the exclusive authority to hire and remove any other municipal court personnel as needed for the proper operation of the municipal court of record and as authorized in the annual budget for the municipal court of record. Such municipal court personnel shall perform their duties exclusively under the direction, supervision and control of the municipal court judge and shall be subject to disciplinary action exclusively by the municipal court judge at his or her discretion. All employment actions taken pursuant to this subsection shall be conducted in accordance with the city’s employment policy.
(c) 
The municipal court judge and the city manager shall agree to a process in compliance with section 5.05 of the city’s employment policy for all employees under the authority of the city manager.
(Ordinance 2020-O0021 adopted 2/11/2020)