(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)