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 in order to more effectively enforce the ordinances of the city. The municipal court shall become a court of record from and after the 1st day of January, 2016, and shall be known as the municipal court of record of the city.
(Ordinance 2015-11-09H, sec. 2, adopted 11/9/15)
The municipal court of record is established pursuant to the authority granted by the Uniform Municipal Courts of Record Act, V.T.C.A., Government Code, [chapter 30,] subchapter A (section 30.00001 et seq.). The terms set forth therein are hereby adopted governing the operation of the municipal court of record of the city.
(Ordinance 2015-11-09H, sec. 3, adopted 11/9/15)
(a) 
The municipal court of record shall have concurrent jurisdiction with any justice court in any precinct in which the city is located in criminal cases that arise within the city and are punishable by fine only. The municipal court of record has the jurisdiction and authority provided by V.T.C.A., Government Code, section 30.00005.
(b) 
The municipal court of record shall have civil jurisdiction for the purpose of enforcing the city’s ordinances enacted under subchapter A, chapter 214, Local Government Code; subchapter E, chapter 683, Transportation Code; concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, Local Government Code, within the city’s territorial limits and property owned by the city located in the city’s extraterritorial jurisdiction for the purpose of enforcing health and safety or nuisance abatement ordinances; and authority to issue (i) search warrants for the purpose of investigating health and safety or nuisance abatement ordinance violations, and (ii) seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
(Ordinance 2015-11-09H, sec. 4, adopted 11/9/15)
(a) 
Powers and duties.
The municipal judge shall have all the powers and authority granted by state law and the ordinances of this city and shall perform all the duties as prescribed by the laws of the state and the ordinances of this city.
(b) 
Appointment of judge; term; compensation.
The office of the judge of the municipal court shall be filled by appointment by the city council to serve a term of two (2) years. The person appointed to the office of the judge of the municipal court shall be the presiding judge of the municipal court of record of the city. Compensation for the office of municipal judge shall be set from time to time by the city council.
(c) 
Qualifications.
The presiding judge and any appointed alternate or temporary judges must be a licensed attorney in good standing in the State of Texas, must have two (2) or more years of experience in the practice of law in Texas, and must be a citizen of the United States and a resident of the State of Texas.
(d) 
Appointment of temporary judges; compensation; term.
The city council shall from time to time appoint such qualified individuals as may be necessary to serve in the office of the judge of the municipal court if the presiding judge is unavailable, unable, or unwilling to serve. The city council shall set the compensation of the alternate or temporary judge or judges and the length of term of said judge(s).
(e) 
Removal.
The presiding judge and any alternate or temporary judge of the office of the municipal judge may be removed:
(1) 
For incompetence, corruption, misconduct or malfeasance in office after due notice and opportunity to be heard in his defense;
(2) 
By a city council resolution declaring a lack of confidence in the presiding judge and/or any alternate or temporary judge, provided that two-thirds (2/3) of the city council vote in favor of said resolution; or
(3) 
As provided by section 1-a, article V, Texas Constitution or by the procedure provided for the removal of the members of a municipal governing body in subchapter B, chapter 21, Local Government Code.
(f) 
Vacancies.
In the event of any vacancy in the office of presiding judge or temporary judge, the city council may appoint any qualified person temporarily or until the end of the existing term.
(g) 
Oath.
Prior to assuming office, the presiding judge and any temporary judge of the office of municipal judge shall take the oath of office required by the constitution and laws of the state.
(h) 
Current judges to continue in office.
The current municipal judge shall continue in office through the expiration of his current term and shall be the presiding judge of the municipal court of record. Temporary judge(s) shall continue in office through the expiration of their current terms.
(Ordinance 2015-11-09H, sec. 5, adopted 11/9/15; Ordinance adopting 2018 Code)
(a) 
Appointment; supervision; removal.
The city administrator shall appoint a clerk of the municipal court of record with the approval of the city council. The clerk shall perform duties in accordance with state law and city ordinances. During proceedings of the court, the clerk and other court personnel shall serve at the direction of the office of the judge of the municipal court. At all other times, they shall serve at the direction of the city administrator or city council, who shall have the authority to remove the court clerk or other court personnel according to the rules set forth in the city’s personnel policies.
(b) 
Duties and authority.
The clerk or the clerk’s deputies shall have all duties and authority as provided by section 30.00009 of the Texas Government Code, as amended. During the proceedings of the court, the clerk and other court personnel shall serve at the direction of the municipal judge.
(c) 
Maintenance of seal.
The court clerk shall acquire and maintain a seal in conformance with state law for the municipal court of record in the city.
(d) 
Selection of persons for jury service.
The court clerk shall supervise the selection of persons for jury service in the municipal court of record.
(Ordinance 2015-11-09H, sec. 6, adopted 11/9/15; Ordinance adopting 2018 Code)
The city administrator or his/her designee shall appoint a court reporter who must meet the qualifications provided for official court reporters and will be compensated in accordance with the agreement appointing the court reporter. 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 in the court. The court reporter is not required to be present during the proceedings of the municipal court of record provided that the proceedings that are required to be recorded are recorded by a good quality electronic recording device. The recording shall be kept and stored for a 20-day period beginning the day after the last day of the proceeding, trial or denial of motion for a new trial, whichever occurs last. If the case is appealed, the court reporter shall prepare the reporter’s record.
(Ordinance 2015-11-09H, sec. 7, adopted 11/9/15)
The duly appointed city attorney shall serve as prosecutor in the municipal court. The city council shall prescribe the compensation for the prosecutor, which shall be paid out of the city treasury.
(Ordinance 2015-11-09H, sec. 8, adopted 11/9/15)
The chief of police or his designee shall serve as bailiff to preserve order and decorum while court is in session.
(Ordinance 2015-11-09H, sec. 9, adopted 11/9/15)
The chief of police or his designee shall serve as warrant officer to serve all process or papers issued by the municipal court.
(Ordinance 2015-11-09H, sec. 10, adopted 11/9/15)
(a) 
A defendant has the right of appeal from a judgment or conviction in the municipal court of record. The state has the right to an appeal as provided by section 44.01, Texas Code of Criminal Procedure, as amended. The county courts at law have jurisdiction of appeals from the municipal court of record.
(b) 
The appellate court shall determine each appeal from the court on the basis of the errors that are set forth in the appellant’s motion and that are presented in the clerk’s record and reporter’s record, if any, prepared from the proceedings leading to the appeal. An appeal from the court shall not be by trial de novo.
(c) 
To perfect an appeal, the defendant must file a motion for new trial not later than ten (10) days after the date on which the judgment and sentence are rendered. The motion must be in writing and must be filed with the clerk of the municipal court of record. The motion constitutes the assignment of error on appeal. A ground or an error not set forth in the motion is waived. If the court does not act on the motion before the expiration of thirty (30) days after it is filed with the clerk, the motion is overruled by operation of law.
(d) 
After an order overruling a motion for new trial, the defendant shall give written notice of appeal and pay a fee in the amount adopted by the city council for the preparation of the clerk’s record not later than ten (10) days after the date on which the motion is overruled. The court shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the defendant.
(e) 
The appellant shall pay for any reporter’s record containing a transcription of the proceedings unless the court finds, after a hearing in response to an affidavit by the defendant, that the defendant is unable to pay or provide security for the reporter’s record. If the court so finds, the court shall order the reporter to prepare the record without charge to the defendant. Before the recorded proceedings are transcribed, the defendant shall, unless found by the court to be unable to pay for the reporter’s record, post a cash deposit with the municipal court for the estimated cost of the record. The cash deposit shall be based on an estimate provided by the court reporter or the length of proceedings as indicated by the amount of tape used to electronically record the proceedings, if any, the cost of the court reporter, typing, and other incidental services. The municipal court may post a current schedule of the charges for transcription fees, including deposits. If the cash deposit exceeds the actual cost of the reporter’s record, the court reporter shall refund the difference to the defendant. If the cash deposit is insufficient to cover the actual cost of the transcription, the defendant must pay the additional amount to the court reporter before the transcription may be submitted. If a case is reversed on appeal, the court shall promptly refund to the defendant any amounts paid for the reporter’s record.
(f) 
The record on appeal must substantially conform to the provisions relating to the preparation of a record on appeal in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended.
(Ordinance 2015-11-09H, sec. 11, adopted 11/9/15; Ordinance adopting 2018 Code)