(a) 
Pursuant to section 30.00003 of the Texas Government Code, 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 __________ day of __________, 200_____, and shall be designated the “Municipal Court of Record in the City of Glenn Heights, Texas.”
(b) 
All prosecutions in the municipal court of record shall be conducted as provided in article 45.002, Code of Criminal Procedure. Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45, Code of Criminal Procedure.
(Ordinance O-31-08 adopted 10/6/08)
(a) 
The municipal court of record has the jurisdiction and authority provided by section 30.00005, as amended from time to time, of the Texas Government Code, and:
(1) 
Shall have criminal jurisdiction for the purpose of enforcing municipal ordinances enacted under ordinances authorized by sections 215.072, 217.042, 341.903 and 401.002 of the Texas Local Government Code;
(2) 
Shall have 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) 
Shall have 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;
(4) 
Shall have concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, of the Texas 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
(5) 
Shall have 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.
(b) 
The municipal court of record has all jurisdiction and authority provided by any state statute or judicial decision for municipal courts or municipal courts of record. Nothing contained in section 7.01.002 shall be construed to limit or otherwise restrict the jurisdiction of the municipal court of record.
(Ordinance O-31-08 adopted 10/6/08)
This municipal court of record is established pursuant to the authority granted in chapter 30 of the Government Code of the state, and the terms set forth therein are hereby adopted and incorporated herein for all purposes.
(Ordinance O-31-08 adopted 10/6/08)
(a) 
Establishment of office.
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 the city charter, section 6.02, and section 30.00006 of the Texas Government Code. 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 Texas. 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 municipal court judge.
An alternate municipal court judge may be appointed and compensated by the city council according to the provisions of the city charter, section 6.02.
(c) 
Supervision and control of the municipal court of record.
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 30.00006 and section 30.00009 of the Texas Government Code. 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 of judge.
In conformity with section 30.000085 of the Texas Government Code, the municipal judge may be removed from office by the city council with the advice and consent of the city manager as set forth in section 6.02 of the city charter.
(Ordinance O-31-08 adopted 10/6/08)
(a) 
Appointment.
Pursuant to section 6.03 of the city charter and section 30.00009 of the Texas Government Code, the city manager has the authority to appoint a clerk of the municipal court of record, who shall 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 Glenn Heights, Texas.”
(c) 
Court reporter.
A court reporter shall be provided to preserve the record in cases tried before the municipal court of record according to section 30.00010 of the Texas Government Code. 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.
(Ordinance O-31-08 adopted 10/6/08)
(a) 
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 sections 30.00014–30.00027, Government Code.
(b) 
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 Texas Government Code sections 30.00014 and 30.00019.
(Ordinance O-31-08 adopted 10/6/08)