[1]
Editor's note–Former division 1, sections 12.02.001–12.02.004 pertaining to the Municipal Court, was amended by Ordinance 26-01-1402 adopted 1/6/2026. Prior to the replacement this division derived from the following: 1984 Code, secs. 5-1-1–5-1-4; 1993 Code, secs. 36.01–36.04; 2006 Code, secs. 26-1–26-4; Ordinance 202 adopted 5/2/83.
(a) 
The City Council hereby finds and determines that the creation of a municipal court of record is necessary to provide for the more efficient disposition of cases arising in the City and to more effectively enforce the ordinances of the City.
(b) 
The municipal court shall become a municipal court of record from and after the 15th day of January 2026, and shall be designated as the "Municipal Court of Record No. 1 in the City of Murphy, Texas."
(c) 
The municipal court shall meet and hold regular sessions to hear and determine all cases arising before it, such sessions to be held and called by the municipal court judge. The municipal court may be in continuous session, either day or night.
(d) 
The municipal court of record has the jurisdiction provided by Texas Government Code, chapter 30, as amended, for municipal courts of record, and shall have:
(1) 
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 municipality and are punishable only by fine;
(2) 
Concurrent jurisdiction with a district court or county court at law under Texas Local Government Code, chapter 54, subchapter B, with 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;
(3) 
Appellate jurisdiction from administrative hearings conducted under Texas Local Government Code, section 54.044, or as otherwise provided by law;
(4) 
Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Texas Local Government Code, chapter 214, subchapter A or Texas Transportation Code, chapter 683, subchapter E;
(5) 
Authority to issue:
(A) 
Search warrants for the purpose of investigation a health and safety or nuisance abatement ordinance violation; and
(B) 
Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises; and
(6) 
The municipal court of record has all jurisdiction and authority provided by any Texas Statute or judicial decision for municipal courts or municipal courts of record. Nothing contained in this section shall be construed to limit or otherwise restrict the jurisdiction of the municipal court of record.
(Ordinance 26-01-1402 adopted 1/6/2026)
(a) 
Appointment and qualifications.
The municipal court of record shall be presided over by a magistrate who shall be appointed by the City Council and shall be known as the "chief municipal court judge." The municipal judge must qualify under the requirements of Texas Government Code, section 30.00006, and any other applicable State law in order preside over the municipal court of record.
(b) 
Term.
In accordance with the City's Charter, the municipal judge shall be appointed by the council for a term of two years or for the portion of such term unexpired at the time of his or her appointment. The judge may be removed for cause by the vote of a majority of the members of the council qualified and serving.
(c) 
Vacancy.
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 more than one qualified person 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 municipal judge shall select one of the qualified persons appointed by the City Council to serve during the absence of the 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.
(d) 
Salary.
The City Council shall set compensation for the chief municipal court judge and any assistant or associate judges.
(e) 
Authority.
The chief municipal court judge shall have all the power and duties assigned by the City Charter, City ordinances, Texas Government Code, chapters 29 and 30, and other State law. In addition to the judicial and magisterial duties granted by State law, the chief municipal judge shall be responsible for formulating local judicial rules of practice and procedure, including prescribing such rules and procedures, not inconsistent with the law of the State and the ordinances of the City, as are necessary for the orderly processing and adjudication of cases in the municipal courts.
(Ordinance 26-01-1402 adopted 1/6/2026)
(a) 
Appointment.
In accordance with Texas Government Code, section 30.00009 and the City Charter, the City Manager shall have the authority to appoint a clerk of the municipal court of record, who shall be known as the municipal court clerk.
(b) 
Powers and duties.
The clerk of the municipal court shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court thereto, and otherwise perform any and all acts and duties necessary in issuing process of such court and conducting the business thereof. Such duties of the clerk shall be, but are not limited to, maintaining and keeping a record of the business of the municipal court of record, collect and account for all fines paid in all cases filed in the municipal court, maintain and keep a record of all bonds filed with the municipal court; and perform any duties as may be from time to time authorized, delegated, or required by the chief municipal court judge or the City Council.
(c) 
Deputy clerks.
There shall be such deputy clerks of the municipal court as may be authorized by the council and the City Manager, which deputy clerks shall have authority to act for and on behalf of the clerk of the municipal court.
(Ordinance 26-01-1402 adopted 1/6/2026)
Court proceedings shall be recorded by a good quality electronic recording device. A court reporter is not required to be present to certify the reporter's record. Recordings shall be kept for at least the 20-day period beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter, according to the provisions of section 12.02.007 below.
(Ordinance 26-01-1402 adopted 1/6/2026)
(a) 
Right to trial.
A person brought before the municipal court of record and charged with an offense is entitled to be tried by a jury of six persons unless that right is waived in accordance with applicable law.
(b) 
Qualification and disqualification of jurors to serve.
A juror for the municipal court of record must have the qualifications required of jurors by law and must be a resident of the City. Additionally, any disqualification of jurors shall be governed by applicable law, including but not limited to, the Texas Code of Criminal Procedure, chapters 45A and 35. The process of qualifying or disqualifying jurors shall be conducted as prescribed under applicable law.
(c) 
Compensation.
As provided by the law, a juror may receive compensation for each day and each fraction of a day in attendance on a municipal court jury.
(d) 
Selection.
The municipal court clerk shall establish a fair, impartial, and objective juror selection process, and in accordance with the requirements under the law, including, but not limited to the Texas Code of Criminal Procedure, chapters 45A and 35.
(Ordinance 26-01-1402 adopted 1/6/2026)
(a) 
Appeals.
A defendant has the right to appeal from a judgment or conviction in the municipal court of record. The state has the right to appeal as provided by the Texas Code of Criminal Procedure.
(b) 
Appellate court.
The appellate court shall determine each appeal from a municipal court of record conviction on the basis of the errors that are set forth in the appellant's motion for new trial and that are presented in the transcript and statement of facts prepared from the proceedings leading to the conviction. An appeal from the municipal court of record shall not be by trial de novo.
(c) 
Transcript fees.
In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of twenty-five dollars ($25.00). The transcript preparation fee does not include the court's reporter's fee for an actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the transcript preparation fee of twenty-five dollars ($25.00) shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of proceedings and statement of facts must be paid by the appellant, pursuant to Texas Government Code, sections 30.00014 and 30.00019.. This fee is separate and distinct from any other fees as authorized by Texas Local Government Code, chapter 134, within this Code of Ordinances, and other applicable law.
(Ordinance 26-01-1402 adopted 1/6/2026)
[1]
Editor's note–Former section 12.02.032 pertaining building security fund was repealed by Ordinance 20-06-1160, sec. 2.01, adopted 6/16/20. Prior to the deletion this section derived from the following: 1993 Code, sec. 36.25; 2006 Code, sec. 26-61; Ordinance 386 adopted 1/15/96; Ordinance adopting 2015 Code.
Former section 12.02.033 pertaining to the technology fund was repealed by Ordinance 20-06-1160, sec. 2.02, adopted 6/16/20. Prior to the deletion this section derived from the following: 1993 Code, secs. 36.35–36.37; 2006 Code, secs. 26-81–26-83; Ordinance 99-10-468 adopted 10/4/99; Ordinance adopting 2015 Code.
Former section 12.02.034 pertaining to the juvenile case manager fund was repealed by Ordinance 20-06-1160, sec. 2.03, adopted 6/16/20. Prior to the deletion this section derived from the following: 2006 Code, sec. 26-71; Ordinance 09-04-791, sec. 1, adopted 4/20/09; Ordinance adopting 2015 Code.
The municipal court of the city may, pursuant to provisions of amendment to the Uniform Act Regulating Traffic on Highways, require the person requesting a driving safety course to pay a fee in an amount in accordance with state law, including any special fees authorized by statute, this code or any other applicable ordinance of the city to cover the costs of administering such course.
(1993 Code, sec. 36.15(A); 2006 Code, sec. 26-31(a); Ordinance 275 adopted 10/15/87; Ordinance adopting 2015 Code)