(a)
There
is hereby established a court which shall be known as the municipal
court of the city. The municipal court shall have the jurisdiction,
and shall be conducted in the manner, prescribed and authorized by
law. All fines imposed by the municipal court shall be paid into the
treasury for the use and benefit of the city.
(b)
A
recorder, who shall also be officially known and referred as city
judge (and may also be referred to as judge of the municipal court,
or as city recorder, or as judge), shall preside over the municipal
court.
(c)
The
municipal court judge shall set court days and hours that are necessary
for the timely transaction of the business of the court.
(d)
The
city council may appoint such assistant recorder or additional recorder
as may be necessary to perform the duties of the judge of the municipal
court, or a temporary recorder to act for the recorder in the case
of his temporary absence or disability, and such assistant, additional
or temporary recorder shall receive such compensation as may be set
by the city council.
(1998 Code, sec. 8.301; Ordinance
adopting Code)
(a)
The
city secretary shall be ex-officio clerk of the municipal court and
shall have the powers and duties prescribed by the laws of the state
and by this chapter in transacting the business of the court.
(b)
Subject
to the approval of the mayor, the city secretary may appoint one or
more deputy clerks, who, when acting in such capacity, shall have
the same authority as the clerk of the municipal court.
(1998 Code, sec. 8.303)
(a)
The
presiding officer of the municipal court of the city shall, as aforesaid,
be known as the recorder and shall also be officially referred to
as city judge (or judge of the municipal court, or as city recorder,
or as judge), and he shall have all of the powers, duties, authorities,
and qualifications prescribed by law and by this chapter.
(b)
The
municipal court judge shall set court days and hours, and notice of
the said setting shall be posted in the office of the clerk of the
municipal court.
(c)
All
prosecutions for violations of provisions of ordinances of the city
shall be commenced in the municipal court by complaint, setting forth
specifically and within reasonable certainty the particular act or
omission with which the defendant is charged. Such complaint shall
be signed and sworn to by the person making the complaint.
(d)
When
any complaint shall be filed as is provided for in this chapter, the
recorder shall issue a warrant of arrest, which shall be executed
by the chief of police or any policeman of the city in a like manner
as similar process in justice court may be executed by the sheriff;
provided that nothing herein shall be so construed as to prevent the
chief of police or any policeman of the city from making arrests without
warrant for violation of any ordinance of the city (or other law within
the jurisdiction of said court) when committed in his presence or
view, or in any contingencies in which a sheriff or other officer
of the state would, by the laws of the state, be permitted to make
such arrest.
(e)
In
all cases of a misdemeanor, the party charged before the municipal
court shall be entitled to a trial by jury, in the same manner and
form as provided by law before a justice of the peace. When an application
is made for a jury in the trial of a case, the recorder shall direct
the chief of police or any policeman of the city to summon six (6)
disinterested persons who are qualified voters in the city, to act
as jurors, to serve. Any person so summoned who shall fail or refuse
to act without good cause shown may be fined by the court in any sum
not exceeding twenty dollars ($20.00) for the use of the city.
(f)
The
recorder shall, in all matters pertaining to the administration of
justice concerning which there are no special provisions, be governed
by the laws of the state regulating proceedings in justice courts,
so far as the same may be applicable.
(g)
The
recorder shall have the power to punish all persons guilty of contempt
of court to the same extent and under the same circumstances as the
county court, except as may be otherwise herein specially set forth
and provided, [and] he shall have the power to take recognizance,
admit to bail and forfeit recognizance and bail bonds, under the rules
and regulations as now govern the taking and forfeiting of the same
as in the county court.
(h)
The
recorder shall have the power and authority to administer official
oaths, and all oaths and affirmations, and to swear witnesses and
jurors in trial before him.
(i)
Except
as may be otherwise herein specially provided, the proceedings before
the municipal court shall be governed by the same rules which are
prescribed by [for] the justice of the peace, under the laws of this
state, insofar as they are applicable. All prosecutions in the municipal
court, whether under an ordinance or under the Penal Code of the state,
shall be commenced “in the name of the State of Texas”,
and shall conclude “against the peace and dignity of the state,”
and, where the offenses is covered by ordinance, the complaint may
also conclude “as contrary to such ordinance.”
(j)
Warrants
or other processes issued by the recorder shall be directed to the
chief of police or any policeman of the city, but in case of the absence
or inability of such officers such process shall be directed to any
peace officer within the city or county, and shall be executed by
such officer.
(k)
The recorder shall have the power to issue any process necessary to require the attendance of any person as a witness in any case pending before the corporation court. Persons failing or refusing to obey any such process may be fined in any sum not exceeding twenty dollars ($20.00) and shall forthwith be attached. If such witness appears in the municipal court and fails or refuses to testify, he shall be guilty of contempt of court, and may be fined in accordance with the general penalty provision found in section 1.01.009 of this code and, in addition thereto, may be imprisoned, or otherwise punished, as provided by law.
(l)
Except
as may be expressly herein otherwise provided, the provisions of the
Code of Criminal Procedure of the state now in force regulating the
attendance of witnesses in criminal cases tried before a justice of
the peace shall (so far as practicable) govern and be applicable to
the trial of cases before the municipal court.
(1998 Code, sec. 8.302; Ordinance
adopting Code)
(a)
Plea of guilty.
(1)
In cases where a person is charged with a traffic violation and desires
to plead guilty and pay the fine set by the order of the recorder
for the offense charged, an agreement in writing to such effect shall
be obtained from the person charged and the amount of the fine collected
in cash.
(2)
Duplicates of agreements and cash receipts shall be made and filed
by the clerk of the municipal court as official records of the disposition
of such cases.
(b)
Plea of not guilty.
In the event that a person charged
with a traffic violation fails to plead or desires to plead not guilty,
the ticket issued by the arresting officer shall be referred to the
municipal court clerk or other proper person, who shall prepare a
complaint for the case and causes the same to be filed and docketed
as any other case.
(1998 Code, sec. 8.304)
(a)
Execution of cash bond.
(1)
Any person arrested and charged with a violation of any city ordinance
or any state law within the jurisdiction of the municipal court may
be released from custody provided such person executes a cash bond
in the form herein provided 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 recorder as security
for the offense charged.
(2)
The cash bond shall recite the offense charged and shall bind the
accused to appear before the municipal court of the city on a day
and at a time therein specified and there to answer the said charge.
(3)
The cash bond shall contain the agreement of the person executing
the same that, upon default, the recorder 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.
(b)
Cash bond forms and records.
Cash bonds shall be in
book form and serially numbered in triplicate. The original shall
be delivered together with the cash deposit to the clerk of the municipal
court for filing in the records of the case within twenty-four hours
after acceptance, the duplicate shall be delivered to the person executing
the same as a receipt for the deposit, and the triplicate shall remain
in the book, which, when all of the forms are used, shall be delivered
to the clerk of the municipal court for filing in the records of the
court.
(c)
Forfeiture of cash bond.
(1)
Whenever a person has executed a cash bond, and he or his representative
fails to appear before the municipal court on the day and at the time
specified in the bond, the recorder shall make an appropriate entry
on the docket forfeiting the cash deposit, and if the recorder 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.
(2)
If the recorder, 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.
(d)
Return of cash bond.
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, to wit:
(1)
If the person complained of at any time submits an appearance bond
in lieu of his cash bond, and the same is found sufficient and approved
by the recorder;
(2)
If the person complained of appears at the time stated in the bond
and is acquitted or the cause is dismissed; or
(3)
If a fine is assessed and the fine and court costs are less than
the deposit, a refund of the balance remaining shall be made.
(e)
Appearance bond.
(1)
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 recorder as to sufficiency and amount.
(2)
Books of appearance bond forms shall be prepared under the direction
of the recorder, serially numbered in duplicate, for use by persons
requiring the same. The original shall be delivered within twenty-four
(24) hours to the clerk of the municipal court for filing in the papers
of the cause 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 for filing in the records of the court.
(1998 Code, sec. 8.305)
The recorder shall commit to the city jail each person found
guilty and fined, where the fine is not forthwith paid in full, except:
(1)
Where
an appearance bond has theretofore been filed in connection with such
cause, which in accordance with the laws of the state entitles the
person complained of to remain free pending the further disposition
of the cause;
(2)
Unless
the person complained of then and there executes an appearance bond
approved by the recorder and conditioned on his appearance in the
municipal court on hearing of a motion of new trial of such cause,
which motion shall then and there be set for a time certain;
(3)
Unless
the person fined then and there presents an appeal bond complying
with the laws of the state for such undertakings and same is approved
by the recorder; or
(4)
Unless the person fined then and there executes a cash bond and makes a cash deposit, in the manner provided in section 7.01.005(a) (in an amount set by the recorder), and conditioned on the appearance of the person fined in the municipal court on hearing of a motion for new trial of such cause, which motion shall then and there be set for a time certain.
(1998 Code, sec. 8.306)
(a)
There
is hereby created and established a municipal court building security
fee pursuant to article 102.017 of the Code of Criminal Procedure.
(b)
The municipal court of the city is hereby authorized and required to assess a municipal court building security fee, in the amount as provided for in the fee schedule found in appendix A of this code, against all defendants convicted in a trial of a misdemeanor offense by the municipal court. Each misdemeanor conviction shall be subject to a separate assessment of the fee.
(c)
The
municipal court clerk of the city is hereby authorized and required
to collect the fee and to pay same to the treasury of the city. All
fees so collected and paid over to the treasury of the city shall
be segregated in this fund.
(d)
The
fund shall be used only for the purpose of financing the purchase
of security devices and/or services for the building or buildings
housing the municipal court of the city. Security devices and/or services
shall include any and all items described in article 102.017(d) of
the Code of Criminal Procedure.
(e)
The
fund shall be administered by or under the direction of the city council.
(1998 Code, sec. 8.308)
(a)
There
is hereby established a municipal court technology fund to be used
only to finance items as specified by article 101.0172 of the Code
of Criminal Procedure.
(b)
A defendant convicted in a trial for a misdemeanor offense in the municipal court of the city shall pay a technology fee as provided for in the fee schedule found in appendix A of this code as costs of court. A person is considered convicted if:
(c)
The
clerk of the municipal court shall collect the costs and pay them
to the municipal treasurer or other official of the city who discharges
the duties delegated to the municipal treasurer for deposit in a fund
to be known as the municipal court technology fund.
(Ordinance adopting Code; 1998 Code,
sec. 8.309)
