City of Cameron, TX Municipal Court

Appointment; qualifications.

The office of judge of the municipal court shall be filled by appointment by the council. The judge shall be at least 18 years of age and shall not have been convicted of a felony nor a crime involving moral turpitude.

Duties.

The judge of the municipal court shall perform the duties as prescribed by the laws of the state. The judge shall be responsible for setting the time for the trial of cases.

Term; compensation.

The judge shall be appointed for a term of two (2) years. He shall receive such compensation as the council shall fix by ordinance or resolution, and shall furnish such surety bond as may be required by the council, the premium to be paid by the city.

(Ordinance 2003-03-03-011, sec. 1.g, adopted 3/3/03)

§ 7.01.009 Establishment of policies and procedures for setting fines and punishment.

The court is authorized to establish policies and procedures for setting and assessing fines that are consistent with the appropriate policies and procedures set forth by the state in the Code of Criminal Procedure and applicable to the particular offense alleged. Punishment and fines may be assessed and include all remedies available under the state law for the particular offense alleged. Fines and punishment under any ordinance of the city shall be set forth in the ordinance and include any additional remedies that would be available under state law.

(Ordinance 2003-03-03-011, sec. 1.h, adopted 3/3/03)

§ 7.01.010 Cases to be tried in open court.

All cases coming before the municipal court shall be tried and disposed of in open court.

(Ordinance 2003-03-03-011, sec. 1.i, adopted 3/3/03)

§ 7.01.011 City employee not to represent defendant.

It shall be unlawful for any person who receives a salary from the city to be in any way directly or indirectly interested in the defense of any person charged with the violation of any ordinance of the city or any of the criminal laws of the state, except so far as may be necessary to give evidence on behalf of persons so charged with violating any of such ordinances or criminal laws.

(Ordinance 2003-03-03-011, sec. 1.j, adopted 3/3/03)

§ 7.01.012 Local administrative rules.

The judge may from time to time adopt local rules and procedures for administration of the court which are not inconsistent with the procedural requirements of the state.

(Ordinance 2003-03-03-011, sec. 1.k, adopted 3/3/03)

ARTICLE 7.02 ASSESSMENT AND COLLECTION OF FINES AND COSTS

§ 7.02.001 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access device.

A card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with other access devices may be used to:

Obtain money, goods, services, or another thing of value; or

Initiate a transfer of funds other than a transfer originated solely by paper instrument.

Conviction or convicted.

Any person shall be deemed to have been convicted for whom the municipal court imposes any penalty or sentence, the person receives community service, supervision or deferred adjudication, or the court defers final disposition of the case.

Rules of the road.

Offenses committed under subtitle C, title 7 of the Transportation Code, being subsections 541 through 600 of the Transportation Code.

School crossing zone.

A reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.

(Ordinance adopted 10/15/01, sec. 2)

§ 7.02.002 Fines, costs and fees generally.

Fines; collection and report of costs.

The fines imposed in the municipal court may be the same as are prescribed for like offenses by the penal statutes of the state, but shall never be greater. Where any offense is covered solely and alone by ordinances of the city, such ordinance shall control. The municipal court clerk shall collect and report all court costs as required.

State court costs.

The municipal court clerk shall collect each and every court cost statutorily mandated to be collected for the state. The municipal court clerk shall keep a record of each court cost collected for the benefit of the state and report the collection to the city treasurer, including forwarding the monies to be deposited with the city treasurer as required by internal policy.

The city treasurer may deposit the money in an interest-bearing account. The city treasurer shall keep records of the money collected and on deposit in the treasury and shall remit the court costs collected for the benefit of the state to the comptroller of public accounts not later than the last day of the month following the calendar quarter in which the court costs were collected.

The municipal court clerk shall forward a completed quarterly report form to be reviewed and confirmed by the city treasurer.

The city treasurer shall ensure the accuracy of the report and for all fees collected for the CCC fund (consolidated court cost fund) to be forwarded to the state. The city treasurer shall retain 10% as a service fee and deposit the retained sums to the general fund to offset administrative expenses, save and except the 10% shall not be retained on sums not timely forwarded to the comptroller of public accounts. Cross reference: Section 102.075, CCP.

Warrant of arrest fees.

The municipal court clerk shall collect a warrant fee as set forth in appendix A to this code from any defendant upon whom a peace officer executed a warrant issued by the municipal court at the time of conviction. For arrests made by a state trooper, the municipal court clerk shall report the amount as set forth in appendix A to this code as payable to the comptroller. Law enforcement agencies other than state troopers and city police officers executing a warrant must submit a request for payment within 15 days of the conviction in order to be paid the warrant fee. If demand is not made within 15 days or a city police officer executed the warrant, the municipal court clerk shall report the warrant fees collected as payable to the city police department. The city shall refund the fees in cases where the defendant pleas and demonstrates within thirty (30) days of payment of such fee that the court failed to give the person proper notice. Cross reference: Section 102.011 CCP.

(d)

Failure to appear fee.

Assessment.

The municipal court clerk shall collect a special expense of $25.00 for the issuance and service or a warrant of arrest from each defendant served with a warrant for failure to appear or violation of a promise to appear. The municipal court clerk shall report each special expense collected to the city treasurer for deposit into the general fund of the city.

Contract with state department of public safety.

At all times that the city has a contract with the state department of public safety to deny renewal of licenses for individuals failing to appear at court as directed, the municipal court clerk shall collect an additional administrative fee as set forth in appendix A to this code at the time of the following: (i) the court enters judgment on the offense for which the failure to appear was submitted, (ii) the case is dismissed, or (iii) bond or other security is posted to reinstate the charge for which the warrant was issued. Distribution of the funds shall be as provided by agreement with the state department of public safety. The municipal court clerk shall maintain a copy of the agreement and report each failure to appear fee collected, as well as the distribution of the fee, to the city treasurer. Should a defendant fail to pay the administrative fee as required, the municipal court clerk shall report such failure to the state department of public safety and request the department deny renewal of the defendant’s license. Cross reference: Section 706.006, Transportation Code.

(e)

Time payment fee.

Each defendant being permitted to make payments on any part of a fine, court cost or restitution on or after the 31st day after the date on which a judgment is entered, including deferred adjudication and deferred disposition, shall pay a time payment fee as set forth in appendix A to this code on or before the 31st day after the judgment is entered. Cross reference: Section 51.921(a), Government Code.

The municipal court clerk shall keep separate records of the time payment fees collected. Each month, 50% of the time payment fees collected shall be forwarded to the comptroller, 40% shall be deposited in the general revenue account of the city, and 10% shall be deposited in the general fund of the city to be allocated to improving the efficiency of the administration of justice in the city.

No defendant shall be permitted more than 180 days to pay fines, fees, costs, restitution or any other fees ordered to be paid in the judgment of the court.

(f)

Arrest fee.

The municipal court clerk shall collect an arrest fee with each conviction as set forth in appendix A to this code. The arrest fee shall be reported quarterly to the comptroller of public accounts. For each citation submitted to the municipal court by a state trooper for which a conviction occurs, the municipal court clerk shall report an amount of the arrest fee, as set forth in appendix A to this code, as payable to the comptroller, with the remaining amount as set forth in appendix A to this code being reported as distributable to the city police department. For any law enforcement agency other than a state trooper or a city police officer submitting a citation to the municipal court for which a conviction occurs, the municipal court shall hold the arrest fee for fifteen working days. Should the law enforcement agency fail to claim the arrest fee in fifteen working days after the conviction, the municipal court clerk shall report the arrest fee as payable to the city police department. For each citation for which the city police department issues a citation and a conviction occurs, the full arrest fee shall be reported as payable to the city police department. Cross reference: Section 102.009 (a)(1), CCP.

(g)

Dishonored check fee.

A service charge as set forth in appendix A to this code shall be assessed against any person who pays the city with a check, draft or money order which is returned unpaid for lack of sufficient funds or closed or nonexistent account. Cross reference: Section 3.506, Business & Commerce Code.

(h)

Costs for peace officer’s time.

For any trial at which a peace officer is required to testify while off duty, the municipal court clerk shall calculate the officer’s overtime for time spent testifying at trial and time spent traveling to or from home if the officer was not at work that day or scheduled to be at work, and add such costs as court costs to be paid by the defendant. Cross reference: Section 102.011(g), CCP.

(i)

Jury fee.

The municipal court clerk shall collect a fee as set forth in appendix A to this code from each defendant requesting a jury and being convicted thereby or requesting a postponement or accepting a conviction less than 24 hours before the time of trial. Cross reference: Section 102.004, CCP.

(j)

Rules of the road fee.

The municipal court clerk shall collect an additional fee as set forth in appendix A to this code as court costs for each defendant convicted of violating the rules of the road. The municipal court clerk shall deposit the fee collected with the city treasurer. Fines and fees collected for violations of the rules of the road shall be deposited to the general fund of the city and utilized to construct and maintain roads, bridges and culverts in the city and to enhance the enforcement of laws regulating the use of highways. Cross reference: Sections 542.402 and 542.403, Transportation Code.

(k)

Administrative fees when certain charges are dismissed.

Vehicle inspection certificate.

On the finding of the municipal court judge, having been presented credible evidence, that a defendant remedied the failure to have a valid vehicle inspection certificate within 10 working days of the issuance of a citation for an expired inspection certificate which has not been expired more than 60 days, the municipal court clerk shall collect an administrative fee as set forth in appendix A to this code from the defendant at the time of dismissal. Inspection certificates expired more than 60 days on the date of the citation shall not be dismissible on proof of correction. Cross reference: Section 548.605(b)(1)(B), Transportation Code.

Vehicle registration.

On the finding of the municipal court judge, having been presented credible evidence, that a defendant remedied the failure to register the motor vehicle alleged in the offense not more than 10 working days from the date of the offense and within the discretion of the judge the court grants the request to dismiss, the municipal court clerk shall collect an administrative fee as set forth in appendix A to this code from the defendant at the time of dismissal. Vehicle registration corrected more than 10 working days after the date of the citation shall not be dismissible on proof of correction. Cross reference: Section 502.407, Transportation Code.

Driver’s license.

On the finding of the municipal court judge, having been presented credible evidence, that a defendant remedied the expired driver’s license within 10 working days and within the discretion of the judge the court grants the request to dismiss, the municipal court clerk shall collect an administrative fee as set forth in appendix A to this code from the defendant at the time of dismissal. Cross reference: Section 521.026, Transportation Code.

Deferred disposition when driving safety course requested.

Upon a defendant’s pleading no contest or guilty and requesting defensive driving on or before the date mandated for the first appearance date for an offense involving operation of a motor vehicle, other than a commercial vehicle or speeding more than 25 miles per hour over the posted speed, who has a valid Texas driver’s license or permit and adequate financial responsibility, and provides a sufficient affidavit and records from the state department of public safety demonstrating that the individual has not had defensive driving in the preceding 12 months from the date of the offense, upon granting of such request, the municipal court clerk shall collect, in addition to the other court costs, an administrative fee as set forth in appendix A to this code to be distributed to the city treasurer for deposit in the general fund of the city. Cross reference: Section 45.0511, CCP.

(Ordinance adopted 10/15/01, sec. 3; Ordinance adopting Code)

§ 7.02.003 Additional costs and fees; special funds.

In addition to the court costs mandated to be collected under state statute and remitted to the comptroller as court costs and as set out in section c, the following court costs shall be collected for each conviction as provided herein:

Child safety fund.

(A)

School crossing fee.

Each defendant convicted of violating any provisions of the rules of the road, Transportation Code subtitle [C], title 7, within a school crossing zone, or convicted for passing a school bus in violation of Transportation Code section 545.066, shall pay an additional fee as set forth in appendix A to this code which is taxable as court costs.

(B)

Failure to attend school fee.

Each defendant convicted of violating Education Code section 25.094 (thwarting compulsory attendance), or section 25.094 (failure to attend school) shall pay an additional fee as set forth in appendix A to this code which is taxable as court costs.

(C)

Collection and deposit.

(i)

The municipal court clerk shall collect such court costs, including the school crossing fee and failure to attend school fee, and pay such court costs to the city treasurer for all offenses governed by this subsection. For all fines collected pursuant to section 25.093 (thwarting compulsory attendance), the municipal court clerk shall report 50% of the fine to be deposited to the credit of the operating fund of the school district in which the child attends, or to the juvenile justice alternative education program if the child has been ordered to attend such a program. The remaining 50% of the fine collected under section 25.093 shall be reported as payable to the general fund of the city.

(ii)

The city treasurer shall deposit the school crossing fee and the failure to attend school fee portion of such court costs into the child safety fund. The city treasurer shall quarterly forward 50% of the fine collected under section 25.093 payable to the school district which the convicted children attend or, if the children were sentenced to a juvenile justice alternative education program, the city treasurer shall forward the 50% to the program. The remaining 50% shall be deposited to the general fund of the city.

(D)

Creation of fund.

There is hereby created a child safety fund (the “CS fund”), which shall be maintained and reported as a separate fund of the city. The CS fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.

(E)

Designated use of fund; administration.

All school crossing fees and failure to attend school fees collected shall be deposited in the CS fund, which shall be administered by the city council. No expenditures or withdrawals shall be made from the fund except to finance eligible items listed in section 102.014(g), Code of Criminal Procedure, and as authorized by a majority vote of the city council. On the finding of the city council that an expenditure is authorized, CS funds may be removed from the fund solely to be used to improve child safety, including:

(i)

School crossing guard program; if one is established all money must first fund this program;

(ii)

Programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention.

Municipal court security fund.

(A)

Collection.

The municipal court clerk shall collect such court costs, including the security fee, and pay such court costs to the city treasurer.

(B)

Amount of fee.

The city treasurer shall deposit the security fee portion of such court costs, as set forth in appendix A to this code, into the municipal court building security fund.

(C)

Creation of fund.

There is hereby created a municipal court building security fund (the “security fund”), which shall be maintained and reported as a separate fund of the city.

(D)

Designated use of fund; administration.

All security fees collected shall be deposited in the fund, which shall be administered by the city council. No expenditures or withdrawals shall be made from the fund except to finance eligible items listed in section 102.017(d), Code of Criminal Procedure, and as authorized by a majority vote of the city council. On the finding of the city council that an expenditure is authorized, security funds may be removed from the fund solely to be used to finance items to be used for the purpose providing security services for the municipal court of the city, including those items listed in section 102.017(d), Code of Criminal Procedure.

Technology fee.

(A)

Fee established.

A technology fee as set forth in appendix A to this code is hereby established and imposed as a court cost to be paid by every person convicted of a misdemeanor in the municipal court, pursuant to article 102.0172 of the Code of Criminal Procedure. The technology fee shall be charged for each separate case, matter or charge upon which any person is convicted in the municipal court.

(B)

Collection and deposit.

The municipal court clerk shall collect such court costs, including the technology fee, and pay such court costs to the city treasurer for all offenses governed by this subsection. The city treasurer shall deposit the $4.00 technology fee portion of such court costs into the municipal technology fund.

(C)

Creation of fund.

There is hereby created a municipal technology fund (the “technology fund”), which shall be maintained and reported as a separate fund of the city. The fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.

(D)

Designated use of fund; administration.

All technology fees collected shall be deposited in the fund, which shall be administered by the city council. No expenditures or withdrawals shall be made from the fund except to finance eligible items listed in section 102.0172(d), Code of Criminal Procedure, and as authorized by a majority vote of the city council. On the finding of the city council that an expenditure is authorized, technology funds may be removed from the fund solely to be used to finance the purchase of technological enhancements for the municipal court of the city, including those items listed in section 102.0172(d), Code of Criminal Procedure.

Seat belt fund.

The municipal court clerk shall report each fine collected for violations of the requirements to wear a seat belt contrary to section 545.412, Transportation Code, committed after September 1, 2001. The report shall designate 50% of each fine as funds to be remitted to the comptroller annually. The city treasurer shall maintain the seat belt funds in a separate interest-bearing account and annually remit 50% of all fines collected from defendants for violations of the requirement to wear a seat belt. Cross reference: Section 545.412, Transportation Code.

(Ordinance adopted 10/15/01, sec. 4; Ordinance adopting Code)

§ 7.02.004 Waiver of fines and costs.

The municipal court judge may hold a hearing to determine the economic capabilities of any defendant filing a written motion seeking a finding of the court that the defendant is per se indigent and that each alternative method of discharging the fine or costs of court under CCP section 43.09 would impose an undue hardship on the defendant. The municipal court judge shall review the motion of the defendant, including any another evidence deemed necessary, and on a finding that defendant is indigent as a matter of law and that the alternative methods of discharge would work an undue hardship on the defendant the municipal court judge may waive payment of any fines or costs for which the defendant has defaulted. Cross reference: Section 45.091, CCP.

(Ordinance adopted 10/15/01, sec. 5)

§ 7.02.005 Post-judgment collection procedures.

Generally.

As provided in the ordinances of the city and state statutes, the municipal court judge shall assess fines and court costs against each defendant entering a plea of guilty or no contest or based on the verdict of the court or jury finding a defendant guilty. Defendants having not timely appealed the judgment of the court and who fail to timely pay fines, fees, costs or restitution as ordered shall be subject to permitted post-judgment collection procedures.

Capias pro fine.

The municipal court judge may order a capias pro fine be issued for any defendant failing to satisfy a judgment of the court according to the terms of the judgment. The municipal court clerk shall ensure that each capias states the amount of the judgment and sentence and commands a peace officer to bring the defendant before the court or place the defendant in jail until the defendant can be brought before the court. Cross reference: Section 45.045, CCP.

Commitment.

Defendants failing to satisfy any judgment may be committed as provided in the Code of Criminal Procedure to satisfy the judgment. Any defendant committed to jail serving less than 8 consecutive hours in jail shall not be given credit for time served. A defendant serving more than 24 consecutive hours shall be given a $100.00 credit for each full consecutive 24 hours served as credit. Defendants committing offenses prior to September 1, 2001, shall receive $100.00 credit for parts of days served. Cross reference: Section 45.048, CCP.

(d)

Private collection contracts.

At all times that the city council has authorized a private collection contract with a private attorney or a public or private vendor for collection services relating to fines, fees, restitution or other debts or costs, other than forfeited bonds, the municipal court is authorized to collect an additional 30% on each such debt or account receivable that is more than 60 days past due and has been collected as a result of the action of a duly authorized contractor. The municipal court clerk shall report the 30% as payable to the contractor. Should the contractor collect less than the full sum due from the defendant, the municipal court clerk shall ensure that the payment is distributed first in an amount sufficient to fully compensate the contractor and then in equal shares to the comptroller and the city until the comptroller is paid in full. Cross reference: Section 103.003, CCP.

(e)

Civil assessment against property.

The municipal court judge may review judgments in which the defendant has defaulted in payment, either in whole or part, after sentencing, and may order the fine and costs be collected by execution against the defaulting defendant’s property in the same manner as a judgment in a civil suit. Cross reference: Section 45.047, CCP.

(Ordinance adopted 10/15/01, sec. 6)

§ 7.02.006 Charges for copying public records.

The following service charges for copying governmental and public records shall be as follows:

For readily available information on standard size pages (up to 8-1/2" x 14"), the copying charge shall be as set forth in appendix A to this code per page.

For information which is not readily available, the copying charge shall be as set forth in appendix A to this code per page, plus actual labor costs incurred by the city in providing the requested information.

In addition, the city may also add any postal expenses which may be necessary to transmit the reproduced documents to the requesting party.

The city secretary shall establish the copying or reproduction charge for nonstandard sized pages or documents (maps, books, etc.). Cross reference: Section 552.266, Government Code.

(Ordinance adopted 10/15/01, sec. 7; Ordinance adopting Code)

§ 7.02.007 Jury duty pay.

The city shall pay each person serving as a juror in municipal court the amount required under state law for each day or fraction of each day they serve as a juror.

(Ordinance adopted 10/15/01, sec. 8)

§ 7.02.008 Confidentiality of payment and communication records.

The municipal court clerk shall separately file from the records of any case in the municipal court any documents collected, assembled or otherwise maintained containing a credit card, debit card, charge card, or other access device number. The municipal court clerk shall redact the e-mail address from any communications received via e-mail or shall maintain such documents separately of the documents of the case. The e-mail address of any individual communicating with the court shall not be disclosed to a member of the public without express consent of the individual. Any requests for documents containing this information shall be immediately referred to the city attorney’s office. Cross reference: Sections 552.136 and 552.137, Government Code.

(Ordinance adopted 10/15/01, sec. 9)

§ 7.02.009 Prima facie evidence of responsibility for violation.

Violation of ordinance governing stopping, standing or parking of vehicle.

In any prosecution charging a violation of an ordinance governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of the ordinance, together with proof that the defendant named in the complaint was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

Violations of property regulations.

In any prosecution charging a violation regarding nuisances upon a property, or the failure to comply with any notice or order regarding a nuisance on a property or building in violation of an ordinance of the city, including but not limited to failure to apply for a building permit or other permit or license required herein, proof that the particular property described in the complaint was in violation of an ordinance regulating the property, together with proof that the defendant named in the complaint was, at the time of such notice, violation or order or at the time when work was performed without a permit, the registered owner of such property, shall constitute in evidence a prima facie presumption that the registered owner of such property was the person who failed to comply with the notice or order or failed to apply for a permit for the time during which such violation occurred in violation of the charged ordinance of the city.