(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
(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)
Inspector
Magistrate
Search warrant
Definitions.
For the purposes of this section:
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.
shall mean any judge of a municipal court of the City of
Lubbock, Texas.
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:
(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.
(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.
(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)
