The city council hereby establishes the Nolanville 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 effective date of this article
and shall be known as the “Municipal Court of Record in the
City of Nolanville.”
(Ordinance D20-05 #1 adopted 5/21/20)
(a)
The
court has all such jurisdiction as is provided to municipal courts
by section 29.003, Texas Government Code.
(b)
The
court has jurisdiction over criminal cases arising under ordinances
authorized by sections 215.072, 217.042, 341.903, and 551.002, Local
Government Code.
(c)
The
court has concurrent jurisdiction with a justice court in any precinct
in which the municipality is located in criminal cases that arise
within the territorial limits of the city and are punishable by fine
only.
(d)
The
court has civil jurisdiction for the purpose of enforcing municipal
ordinances enacted under subchapter A, chapter 214, Texas Local Government
Code, or subchapter E, chapter 683, Texas Transportation Code.
(e)
The
court has concurrent jurisdiction with a district court or a county
court at law under subchapter B, chapter 54, Texas 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 and nuisance abatement
ordinances.
(g)
The
court has concurrent jurisdiction with a district court and a justice
court over expunction proceedings relating to the arrest of a person
for an offense punishable by fine only.
(Ordinance D20-11 #1 adopted 11/5/20)
This municipal court of record is established pursuant to the
authority granted in subchapter A, chapter 30, of the Texas Government
Code, known as the Uniform Municipal Courts of Record Act, and the
terms set forth therein are hereby adopted governing the operation
of said court.
The presiding judge of the municipal court of record in the
city shall be appointed by the city council by ordinance for a term
of two (2) years. The municipal judge must be a licensed attorney
in good standing in the state and must have two or more years of experience
in the practice of law in the state. The judge must be a citizen of
the United States and a resident of the state. The city council shall
establish the salary of the judge, which shall not be based directly
or indirectly on fines, fees, or costs collected by the court. Such
salary may not be diminished during the term for which the judge is
appointed. The presiding judge shall direct the court clerk to maintain
a central docket for all cases filed within the territorial limits
of the city over which the municipal court of record has jurisdiction.
If a vacancy occurs in the office of a municipal judge of a
court of record, the city council shall by ordinance appoint a qualified
person to fill the office for the remainder of the unexpired term.
The city council may appoint one or more qualified persons as an associate
judge to be available to serve for a municipal judge who is temporarily
absent due to illness, family death, continuing legal or judicial
education programs, or any other reason. The presiding municipal judge
shall select one of the qualified persons appointed by the city council
to serve during the absence of the presiding municipal judge. The
associate judge, while serving as a municipal judge, has all the powers
and shall discharge all the duties of a municipal judge. An associate
judge must meet the qualifications prescribed for the municipal judge.
The presiding municipal judge shall supervise and control the
operation and clerical functions of the administrative department
of the municipal court, including the court’s personnel, during
the proceedings or docket of the court. At all other times, the operation
and clerical functions of the administrative department of the municipal
court shall be under the supervision and direction of the city manager.
The city manager shall appoint a clerk of the municipal court
of record who 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 municipal judge.
At all other times they shall serve at the direction and supervision
of the city manager who shall have the authority to remove the court
clerk or other court personnel according to rules set forth in the
city’s personnel policies. The clerk of the municipal court
of record shall keep the records of the municipal court of record,
issue process, and perform the duties described in section 30.00009
of the Texas Government Code.
The proceedings of trials in the municipal court of record shall
be recorded by a good quality electronic recording device and kept
for a period of twenty-one days after the last day of the court proceedings,
trial, or denial of a motion for new trial, whichever occurs last.
If the case is appealed, the proceedings shall be transcribed from
the recording by an official court reporter. The municipal court clerk
shall appoint a court reporter who must meet the qualifications provided
by law for official court reporters, who shall transcribe a statement
of facts from the audio recording of the trial proceedings for the
appellant to use for an appeal, and the defendant shall pay all costs
incurred to prepare said transcription of the statement of facts directly
to the official court reporter.
The court clerk shall supervise the selection of persons for
jury service in the municipal court of record.
(a)
The
municipal court may enforce the collection of fines imposed by it,
by execution against the property of the defendant, or by imprisonment
of the defendant, in the same manner as provided for justice courts
by the laws of the state, including issuance of writs of execution
and warrants of arrest in furtherance thereof.
(b)
No
court costs shall be assessed in, or charged against any defendant
in, or cause pending in, the municipal court except as authorized
in this section or as expressly authorized by state law.
(c)
A
fine not to exceed $25.00 may be assessed and collected for an offense
under section 38.10(e), Penal Code, or under section 543.009, Transportation
Code.
(d)
Any
other costs, fines, dismissal fees, municipal court building security
fee, municipal court technology fee or special expenses as are now
or shall be hereafter expressly authorized by state law to be collected
by municipal courts may be assessed, including costs incident to appeals
from said courts.
(Ordinance D20-05 #1 adopted 5/21/20)
