(a) 
Pursuant to V.T.C.A., Government Code section 30.00003, the city council hereby establishes the city municipal court as a municipal court of record in order to provide a more efficient disposition of cases arising in the city and more effectively enforce the ordinances of the city. The municipal court shall become a municipal court of record from and after the twenty-sixth day of September, 2006, and shall be designated the "Municipal Court of Record in the City of Highland Village, Texas."
(b) 
All prosecutions in the municipal court of record shall be conducted as provided in article 45.201, Code of Criminal Procedure. Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45, Code of Criminal Procedure.
(1999 Code, sec. 30-21)
The municipal court of record has the jurisdiction and authority provided by V.T.C.A., Government Code section 30.00005, as amended from time to time, and:
(1) 
Shall have civil jurisdiction for the purpose of enforcing municipal ordinances enacted under ordinances authorized by V.T.C.A., Local Government Code sections 215.072, 217.042, 341.903 and 552.002;
(2) 
Concurrent jurisdiction with a justice court in any precinct in which the municipality is located in criminal cases that arise within the territorial limits of the municipality and are punishable only by fine;
(3) 
Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under V.T.C.A., Local Government Code, subch. A, ch. 214, or V.T.C.A., Transportation Code, subch. E, ch. 683;
(4) 
Concurrent jurisdiction with a district court or a county court at law under V.T.C.A., Local Government Code subch. B, ch. 54, 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
(5) 
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.
(1999 Code, sec. 30-22)
This municipal court of record is established pursuant to the authority granted in V.T.C.A., Government Code ch. 30, and the terms set forth therein are hereby adopted governing the operation of said court.
(1999 Code, sec. 30-23)
(a) 
Establishment of office; compensation; qualifications.
The municipal court of record shall be presided over by a municipal judge appointed and compensated by the city council according to the provisions of section 4.01 of the city charter and V.T.C.A., Government Code section 30.00006. The municipal judge must be a licensed attorney in good standing in the state and must have two or more years of experience in the practice of law in the state. The municipal judge must be a citizen of the United States and a resident of the state. A person may not serve as a municipal judge if the person is employed by the city. A municipal judge who accepts employment with the city vacates the judicial office.
(b) 
Alternate judge.
An alternate municipal court judge may be appointed and compensated by the city council according to the provisions of section 4.01 of the city charter.
(c) 
Supervision and control of court.
The municipal judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court of record, including the court personnel, during the proceedings or docket of the court, according to section 4.01 of the city charter and V.T.C.A., Government Code sections 30.00006 and 30.00009. At all other times, the operation and clerical functions of the administrative department of the municipal court of record shall be under the supervision and direction of the city manager or his designee.
(d) 
Removal.
The municipal judge may be removed from office by the city council for the reasons stated and by the procedures provided for the removal of the municipal judge in section 4.01 of the city charter.
(1999 Code, sec. 30-24)
(a) 
Appointment of clerk and other personnel; duties of clerk.
The city manager, in consultation with the judge of the municipal court of record, shall appoint a person to hold the office of clerk of the municipal court of record, who shall also be known as the municipal court clerk. The municipal court clerk shall keep the records of the municipal court of record, issue process, and generally perform the duties of a clerk of a county court at law exercising criminal jurisdiction. In the annual budget, the city council may provide for deputy clerks, warrant officers, and other personnel as needed for the proper operation of the municipal court of record. The municipal court clerk shall supervise the selection of persons for jury service in the municipal court of record. Trial by jury, including the summoning of jurors, must substantially conform to chapter 45, Code of Criminal Procedure.
(b) 
Seal.
The court clerk is directed to acquire a seal in conformance with state law for the municipal court of record. The appearance and use of the seal must substantially conform to article 45.012, Code of Criminal Procedure, but must also include the phrase "Municipal Court of/in Highland Village, Texas."
(c) 
Court reporter.
A court reporter shall be provided to preserve the record in cases tried before the municipal court according to V.T.C.A., Government Code section 30.00010. The court reporter must meet the qualifications provided by law for official court reporters. The court reporter or court staff may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods to record the proceedings of the court. The court reporter or court staff are not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. If a record is made, it shall be kept for the 20-day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. The court reporter is not required to be present during proceedings of the municipal court of record, provided that proceedings that are required to be recorded are recorded by a good quality electronic recording device. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.
(1999 Code, sec. 30-25; Ordinance 2017-1222 adopted 5/9/17)
(a) 
Plea of guilty or nolo contendere.
In cases where a person is charged with a violation of law or city ordinance in the municipal court of record and desires to plead guilty or nolo contendere and pay the fine set by the order of the municipal court judge for the offense charged, such person shall either pay to the court the amount of the fine so assessed or execute an agreement in writing to pay such fine, which agreement shall be obtained from the person charged and the amount of the fine collected in cash as indicated in such agreement. Duplicates of agreements and cash receipts shall be made and filed by the clerk of the municipal court of record as official records of the disposition of such cases.
(b) 
Plea of not guilty.
If a person is charged with a violation of law or city ordinance in the municipal court of record and fails to plead or desires to plead not guilty, the citation issued by the arresting officer or any person acting on behalf of any complainant shall be referred to the municipal court clerk or other proper person, who shall prepare a complaint for the case and cause the complaint to be filed and docketed as any other case.
(c) 
Appeals.
A defendant has the right of appeal from a judgment or conviction in the municipal court of record. The state has the right to appeal as provided by article 44.01, Code of Criminal Procedure. Such appeals shall be in accordance with and conform to V.T.C.A., Government Code sections 30.00014– 30.00027.
(d) 
Transcript preparation fee.
In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the transcript preparation fee of $25.00 shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to V.T.C.A., Government Code sections 30.00014 and 30.00019.
(1999 Code, sec. 30-41)
(a) 
Bail before trial.
(1) 
Cash bond requirements.
Any person arrested and charged with a violation of any city ordinance or any state law within the jurisdiction of the municipal court of record may be released from custody, provided that such person executes a cash bond in the form provided in this section and deposits in escrow, with the police officer authorized by the chief of police to accept such agreement, an amount of cash equal to the amount set by the municipal court judge as security for the offense charged. The cash bond shall recite the offense charged and shall bind the accused to appear before the municipal court of record of the city, on the day and at a time therein specified, then and there to answer the charge. The cash bond shall contain the agreement of the person executing the bond that, upon default, the municipal court judge may declare the deposit forfeited, enter a judgment of guilty, assess a fine in the amount of the escrow deposit, or any part thereof, and apply such deposit to the payment of the fine.
(2) 
Cash bond forms and records.
Cash bonds shall be issued in triplicate. The original shall be delivered, together with the cash deposit, to the clerk of the municipal court of record for filing in the records of the case within 24 hours after acceptance. One of the remaining copies shall be delivered to the person executing the bond as a receipt for the deposit, and the remaining copy shall remain in the book, which, when all of the forms are used, shall be delivered to the clerk of the municipal court of record for filing in the records of the court.
(3) 
Forfeiture of cash bond.
Whenever a person has executed a cash bond, and such person or the representative for such person fails to appear before the municipal court of record on the day and at the time specified in the bond, the municipal court judge shall make an appropriate entry on the docket forfeiting the cash deposit, and if the municipal court judge is satisfied from the evidence that forfeiture of the deposit is sufficient punishment for the offense charged, he may enter a judgment of guilty and assess a fine in the amount of the deposit or any part thereof, as provided in the bond. If the municipal court judge after hearing evidence is of the opinion that forfeiture of the cash deposit is insufficient punishment for the offense charged, he shall issue a capias warrant for the defendant's re-arrest and trial.
(4) 
Return of cash deposit.
A person posting a cash bond for bail shall be entitled to the refund of all or part of the cash deposit in the following instances:
(A) 
If the person complained of at any time submits an appearance bond in lieu of a cash bond, and the same is found sufficient and approved by the municipal court judge;
(B) 
If the person complained of appears at the time stated in the bond and is acquitted or the case is dismissed; or
(C) 
If a fine is assessed and the fine and the costs imposed by law are less than the deposit, and a refund of the balance remaining shall be made.
(5) 
Appearance bond.
Any person in custody under a warrant of commitment, warrant of arrest, or capias may secure his release upon presentation of an appearance bond in the form required by the laws of the state, and approved by the municipal court judge as to sufficiency and amount. Books of appearance bond forms shall be prepared under the direction of the municipal court judge, serially numbered in duplicate, for use by persons requiring the same. The original shall be delivered within 24 hours to the clerk of the municipal court of record for filing in the papers of the case, and the duplicate shall be retained in the book, which, when all of the forms are used, shall be delivered to the clerk of the municipal court of record for filing in the records of the court.
(b) 
Person unable to pay fine.
When a defendant is convicted of a misdemeanor in the municipal court of record and his punishment is assessed at a pecuniary fine, if he is unable to pay the fine and costs adjudged against him, the judge shall dispense with the fine in accordance with Vernon's Ann. C.C.P. art. 43.09.
(1999 Code, sec. 30-42)
(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Convicted.
If:
(1) 
A sentence is imposed on the person;
(2) 
The person receives community supervision, including deferred adjudication; or
(3) 
The court defers final disposition of the person's case.
(b) 
Established; amount of fee; assessment and collection of fee.
(1) 
In accordance with the provisions of this article, and to the extent provided for by law, there is established a municipal court building security fund for the use and purposes provided in this section.
(2) 
The municipal court building security fund shall be administered by or under the direction of the city council.
(3) 
Any defendant convicted, as defined in subsection (a) of this section, of a misdemeanor offense in the municipal court of record shall be required to pay a $3.00 security fee as a cost of court.
(4) 
The clerk of the court, or his designated representative, shall collect the $3.00 security fee as a cost of court, and pay such fee to the municipal treasurer for deposit into the municipal court building security fund.
(c) 
Purpose; use.
The security fund may be used only to finance the following items when used for the purpose of providing security services for the municipal court building:
(1) 
The purchase or repair of X-ray machines and conveying systems;
(2) 
Hand-held metal detectors;
(3) 
Walk-through metal detectors;
(4) 
Identification cards and systems;
(5) 
Electronic locking and surveillance equipment;
(6) 
Bailiffs, deputy sheriffs, deputy constables or contract security personnel during times when they are providing appropriate security services;
(7) 
Signage;
(8) 
Confiscated weapon inventory and tracking systems;
(9) 
Locks, chains or other security hardware;
(10) 
Continuing education on security issues for court personnel and security personnel; or
(11) 
Any other item allowed for by law.
(1999 Code, sec. 30-26)
(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.
(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 of record as a cost of court. A defendant is considered convicted if:
(A) 
A sentence is imposed on the person;
(B) 
The person is placed on community supervision, including deferred adjudication community supervision; or
(C) 
The court defers final disposition of the person's case.
(3) 
The fee shall be collected on conviction for an offense committed on or after September 15, 1999, upon adoption of this section.
(4) 
The clerk of the court shall collect the fee and pay the fee to the municipal treasurer or designee of the city, who shall deposit the fee into the municipal court technology fund.
(c) 
Designated use; administration.
(1) 
The fund shall be used only to finance the purchase of technological enhancements for the municipal court of record of the city, including:
(A) 
Computer systems;
(B) 
Computer networks;
(C) 
Computer hardware;
(D) 
Computer software;
(E) 
Imaging systems;
(F) 
Electronic kiosks;
(G) 
Electronic ticket writers;
(H) 
Docket management systems; and
(I) 
Service and maintenance agreements.
(2) 
The fund shall be administered by or under the direction of the city council.
(1999 Code, sec. 30-27)
A fee for the issuance and service of a warrant of arrest shall be imposed and collected by the city in the following instances:
(1) 
Fee imposed.
(A) 
When a person fails to appear in accordance with V.T.C.A., Penal Code section 38.10, and with V.T.C.A., Transportation Code section 543.009; and
(B) 
In all other instances where there has been a violation of a law or ordinance which imposes criminal penalties for violations of such law or ordinance, provided that written notice of the issuance of an arrest warrant and imposition of the warrant fee has first been given to the offender.
(2) 
Amount.
The fee shall be $35.00, as provided in Vernon's Ann. C.C.P. art. 102.011(a)(2).
(3) 
Deposit of funds.
The funds collected pursuant to this section shall be paid into the city treasury for the use and benefit of the city.
(1999 Code, sec. 30-44)
A nonrefundable fee of $10.00 shall be charged as a special expense each time a person requests to take a defensive driving course for the purpose of having the charge dismissed after the successful completion of the course. The fee shall be paid to the city finance department to recover the costs incurred by the city in processing the person's request for defensive driving school.
(1999 Code, sec. 30-45)
In accordance with article 103.0031(b) of the Texas Code of Criminal Procedure, there is hereby imposed an additional fee of thirty percent (30%) on all debts and accounts receivable, i.e.: fines, fees, court costs, restitution, and other debts that are more than sixty (60) days past due and have been referred to a private attorney or public or private firm for collection.
(Ordinance 2017-1232 adopted 9/12/17)