(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Editor’s note(s)–Ordinance O-19-052, sec. 2, adopted Dec. 19, 2019, repealed sec. 2-21, which pertained to municipal court technology fund and derived from Ordinance adopted 9/20/01, secs. 1–3; Ordinance adopted 2/5/04, sec. 1;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:
(1) 
Debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by:
a. 
The Brenham Municipal Court; or
b. 
A hearing officer serving the municipality under Chapter 682, Transportation Code;
(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)