There is hereby created and established a court to be held in
the city, which shall be known as the municipal court of the city.
(1987 Code, ch. 7, sec. 2A; 2001
Code, sec. 7.101)
This court shall have jurisdiction within the city limits in all criminal cases arising under the ordinances of the city and also shall have concurrent jurisdiction with the justice of the peace of this precinct in all criminal cases arising under the criminal laws of this state and arising within the city limits, except for violations of municipal ordinances that govern fire safety, zoning and public health and sanitation, including dumping of refuse, in which punishment is by fine in an amount in accordance with the general penalty provision found in section 1.01.009 of this code.
(1987 Code, ch. 7, sec. 2B; Ordinance
adopting 2001 Code; 2001 Code, sec. 7.102)
The judge of the municipal court shall hold office at the pleasure
of the city council, and shall receive such salary as set by city
budget. The judge of the municipal court shall perform the duties
as prescribed by the laws of the state. The judge shall furnish such
surety bond as may be required by the city council, the premium to
be paid by the city in the event that a bond is required. In the absence
of the municipal judge, the associate judge(s) of the municipal court
shall be the judge. Such associate judge(s) shall be appointed by
the municipal judge or her/his designee and salary shall be determined
by the municipal judge with approval of the city manager.
(1987 Code, ch. 7, sec. 2C; 2001
Code, sec. 7.103; Ordinance 2018-560 adopted 12/10/18)
The city secretary shall be the ex officio of the court but
not as the court clerk. A court clerk may be appointed by the city
secretary with the approval of the city manager.
(1987 Code, ch. 7, sec. 2D; 2001
Code, sec. 7.104; Ordinance 2018-560 adopted 12/10/18)
(a)
Complaints.
Proceedings in this court shall be commenced
by complaint, which shall begin: “In the name and by authority
of the State of Texas,” and shall conclude “against the
peace and dignity of the State,” and if the offense is only
covered by ordinance, it may conclude “contrary to the said
ordinance.” Complaints shall be drawn up by the city attorney
or his designate and may be sworn to before the judge, clerk, city
attorney or his designate, each of whom for that purpose shall have
power to administer oaths.
(c)
Time and place of court.
The time and place of this
court shall be each Monday from 9:00 a.m. to 11:00 a.m. in the city
hall; subject, however, if necessity arises, the judge may hold court
at any time and for any length of time.
(d)
Prosecutions.
All prosecutions in this court shall be
conducted by the city attorney or his designate. Rules of procedure
now established for justice and county courts in the state shall be
followed as nearly as practicable.
(e)
Issuance and service of process.
All process shall be
drawn upon request of the proper officer by the judge or the clerk
of the court. All process issued out of this court shall be served
by the chief of police or police officers of this city. Each defendant
shall be entitled to at least one day’s notice of any complaint
against him, if such time be demanded. The respective officer shall
be responsible for the custody of the defendant.
(f)
Fines and costs.
All fines shall be paid into the city
treasury. Costs provided for by ordinances shall be taxed against
each defendant convicted, but in no case shall the ordinance prescribe
the collection of greater costs than are prescribed by law to be collected
of one convicted in a justice court. The rules used in a justice court
for enforcement of the collection of fines by execution against property
of the defendant, or by imprisonment of defendant, for collection
of jury and witness fees and enforcement of attendance of witnesses
at trials, so far as applicable, shall govern this court. A defendant
found guilty and unable to pay his fine and costs may be required
by the judge to work out his fine and costs in city work on the same
basis and rate he would receive credit by imprisonment in jail.
(g)
Appeals.
A defendant found guilty in the municipal court
shall have the right to appeal for trial de novo in the county court
in accordance with rules prescribed by the laws of the state, and
fees for filing the transcript, etc., shall be in accordance with
state statutes.
(h)
Authority of judge to punish for contempt; authority to take bail.
The judge is authorized to punish for contempt by a fine not
exceeding one hundred dollars ($100.00) and/or imprisonment in jail
not exceeding three (3) days. He shall have the power to take recognizances,
admit to bail and forfeit same under the rules governing same in county
court.
(1987 Code, ch. 7, sec. 2E; 2001
Code, sec. 7.105(a)–(h); Ordinance
2021-605 adopted 4/12/21)
The judge is authorized to establish a fee as permitted by state
law for the issuance and service of a warrant of arrest for an offense
under section 38.10, Penal Code, or under section 149, Uniform Act
Regulating Traffic on Highways (V.T.C.A. Transportation Code, section
543.009) and special expenses described in article 17.04 of the Code
of Criminal Procedure of the state, all for special expenses involved
with the issuance and service of a warrant of arrest, after due notice,
and the same shall be paid into the city treasury.
(1987 Code, ch. 7, sec. 2E; 2001
Code, sec. 7.105(i); Ordinance adopting 2020 Code)
(a)
Establishment.
(b)
Amount of fee; assessment and collection.
(1)
The fee shall be in the amount as set by resolution of the city council.
(2)
The fee shall be assessed and collected from the defendant upon conviction
for a misdemeanor offense in the municipal court as a cost of court.
A defendant is considered convicted if:
(3)
The fee shall be collected on conviction for an offense committed
on or after September 1, 1999 (or for convictions on offenses committed
on or after this section is adopted).
(4)
The clerk of the court shall collect the fee and pay the fee to the
municipal treasurer or other official who discharges or performs the
duties of the treasurer of the city, who shall deposit the fee into
the municipal court technology fund.
(Ordinance 9909-355 adopted 9/13/99; Ordinance adopting 2001 Code; 2001 Code, secs. 7.201–7.203; Ordinance
adopting 2020 Code)
