(a)
Created.
There is hereby created a municipal court which shall consist
of a presiding judge and an associate judge together with the mayor
that shall constitute the judicial branch of the city.
(b)
Appointment.
These judges shall be appointed by the city council for a two-year
term; however, they shall be removable at any time, with or without
cause, by a majority vote of the city council.
(c)
Reappointment
and vacancy.
Upon expiration of a judge’s term
of office on December 31 of even-numbered years, the council shall
reappoint said judge or his successor by a majority vote on or before
sixty (60) days after the expiration of their term of office; otherwise,
the failure to timely reappoint by council shall be deemed reappointment
for an additional term. Upon a vacancy in office, council shall appoint
a successor within sixty (60) days for the unexpired term of office.
Editor’s note(s)–Former sec. 2-12.
(Ordinance adopted 12/18/86, sec.
1; Ordinance adopted 6/18/98,
sec. 1; Ordinance adopted 7/6/00, sec. 1; Ordinance adopted 12/9/04, sec. I; Ordinance O-12-011, sec.
1, adopted 6/7/12; Ordinance
O-19-052, sec. 1, adopted 12/19/19)
Editor’s note(s)–Ordinance O-19-052,
sec. 2, adopted Dec. 19, 2019, repealed sec. 2-21, which pertained
to municipal court technology fund and derived from Ordinance adopted
9/20/01, secs. 1–3; Ordinance adopted 2/5/04, sec. 1; Ordinance
O-12-011, sec. 1, adopted June 7, 2012.
There is hereby created the office of city marshal, to be filled
by qualified persons, appointed by the city manager. The city marshal
shall meet all qualifications necessary to be certified as a peace
officer by the Texas Commission on Law Enforcement Officers Standards
and Education.
(1)
Duties.
The city marshal, acting under the direction of the administrative
supervisor of the municipal court, shall perform the following duties:
a.
Execute
warrants of arrest, subpoenas and other legal process issuing out
of the municipal court;
b.
Execute
other warrants of arrest, subpoenas and legal process as determined
by the administrative supervisor of the municipal court;
c.
Serve
as bailiff and security officer in the municipal court; and
d.
Serve
as coordinator and supervisor of the municipal court community service
program.
(2)
Authority;
eligibility for pension.
The city marshal shall serve
as peace officer and have full police authority in the exercise of
assigned duties; however, he/she shall not be assigned duties which
are presently assigned to the police department of the city.
The city marshal is not a member of the police department of
the city; however, he/she is eligible for membership in the Texas
Municipal Retirement System. The city marshal is a paid law enforcement
officer for the purpose of qualifying for survivors assistance benefits
under the provisions of Tex. Rev. Civ. Stat. Ann., article 6228F.
(3)
Oath
of office; bond.
The city marshal shall be required to
take an oath of office before entering upon the discharge of his/her
duties. The oath shall be subscribed by the person taking it and shall
be filed and preserved in the personnel file of the city marshal.
The form of oath shall be the same as required for members of the
city council.
The city marshal shall give a good and sufficient surety company
bond to the city in the amount of five thousand dollars ($5,000.00),
duly approved by the city attorney, conditioned upon the faithful
performance and discharge of the city marshal’s respective duties
and for proper application and payment of all money and property coming
into the hands of the city marshal by virtue of his/her office. The
cost of this bond shall be paid by the city.
Editor’s note(s)–Former sec. 2-12.2.
(Ordinance adopted 10/18/01, sec.
1; Ordinance O-12-011, sec. 1, adopted 6/7/12)
Editor’s note(s)–Ordinance O-19-052,
sec. 2, adopted Dec. 19, 2019, repealed sec. 2-21, which pertained
to municipal court juvenile case manager fund and derived from Ordinance
adopted 9/21/06, sec. 1; Ordinance O-12-011, sec. 1, adopted June
7, 2012.
(a)
In accordance
with Article 103.0031 of the Texas Code of Criminal Procedure, the
city may contract with a private attorney or a public or private vendor
for the provision of collection services for the following items:
(2)
Amounts
in cases in which the accused has failed to appear:
a.
As
promised under Subchapter A, Chapter 543, Transportation Code, or
other law;
b.
In
compliance with a lawful written notice to appear issued under Article
14.06(b) of the Texas Code of Criminal Procedure or other law;
c.
In
compliance with a lawful summons issued under Article 15.03(b) of
the Texas Code of Criminal Procedure or other law;
d.
In
compliance with a lawful order of the Brenham Municipal Court; or
e.
As
specified in a citation, summons, or other notice authorized by Section
682.002, Transportation Code, that charges the accused with a parking
or stopping offense; and
(3)
False
alarm penalties or fees imposed by the city under an ordinance regulating
alarms.
(b)
If the
city enters into a contract with a private attorney or private vendor
pursuant to subsection 2-12.4(a), there is hereby imposed an additional
fee in the amount of thirty (30) percent on all items described in
subsection 2-12.4(a)(1)–(3) that are more than sixty (60) days
past due and have been referred to a private attorney or a private
vendor for collection services.
Editor’s note(s)–Former sec. 2-12.4.
(Ordinance O-11-005, sec. 2, adopted 5/19/11; Ordinance O-12-011, sec. 1, adopted 6/7/12)
