City of Paris, TX JUDICIAL DEPARTMENT AND MUNICIPAL COURT

The city manager shall appoint one (1) or more municipal court bailiffs, who may serve on a full-time or a part-time basis, with the appointment of said bailiff(s) being made upon the recommendation of the municipal court judge.

The duties and responsibilities of the bailiff shall be those same duties and responsibilities as fulfilled by bailiffs pursuant to the Texas Code of Criminal Procedure, including any and all responsibilities and duties as shall be designated by the municipal court judge.

The bailiff or bailiffs appointed as provided herein shall in all things report to and be subject to the exclusive supervision of the municipal court judge.

(d)

As a prerequisite to performing the responsibilities of bailiff as set out herein, any person appointed as bailiff shall have such minimum certifications and prerequisites as shall be established by state law and by the city manager and municipal court judge.

(e)

All costs associated with the services of one (1) or more bailiffs, including salary, benefits, or other appropriate costs, shall be paid exclusively from funds held in the municipal court building security fund as the same has been established pursuant to section 2.09.043(a)(2) of the Code of Ordinances of the city.

(Ordinance 2005-025, sec. 2, adopted 6/13/05; 1988 Code, sec. 18-7)

§ 2.09.008 Juror fee.

A person who reports for jury service in response to a summons from the municipal court of the city is entitled to receive as reimbursement for travel and other expenses the sum of six dollars ($6.00) per day from the city.

The municipal court clerk shall prepare and forward a list of persons entitled to receive a juror fee to the finance department following each jury trial docket held.

(Ordinance 2007-028, sec. 2, adopted 9/10/07; 1988 Code, sec. 18-8)

§ 2.09.009 through § 2.09.040. (Reserved)

Division 2 Municipal Court Jurisdiction and Procedures

§ 2.09.041 Hierarchal governance.

Hierarchal governance shall be the following: the Constitution of the United States, those federal statutes which control states under the supremacy clause, the Constitution of Texas, the Texas Code of Criminal Procedure, the Texas Penal Code, Texas Civil Statutes, the charter of the city, ordinances of the city, Texas Rules of Criminal Evidence and the Common Law of England.

(1970 Code, sec. 15-1/2-11; Ordinance 87-042, sec. 1, adopted 8/19/87; 1988 Code, sec. 18-21)

§ 2.09.042 Jurisdictional limits.

The municipal court has exclusive original jurisdiction within the city limits in all criminal cases that:

Arise under the ordinances of the city;

Are punishable only by a fine not to exceed:

(A)

Two thousand dollars ($2,000.00) in all cases arising under city ordinances that govern fire, safety, zoning, and public health and sanitation;

(B)

Four thousand dollars ($4,000.00) in all cases arising under city ordinances that govern the dumping of refuse; or

(C)

Five hundred dollars ($500.00) in all other cases.

The municipal court has concurrent jurisdiction with the justice court of the precincts in which the city is located in all criminal cases arising under state law that:

Arise within the city limits; and

Are punishable by a fine only as defined in subsection (c) hereof.

In this section, an offense which is punishable by “fine only” is defined as an offense that is punishable by fine and such sanctions as authorized by statute not consisting of confinement in jail or imprisonment that are rehabilitative or remedial in nature.

(d)

The fact that a conviction in municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension or revocation of a privilege, does not affect the original jurisdiction of the municipal court.

(e)

The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction.

(1970 Code, sec. 15-1/2-13; Ordinance 87-042, sec. 1, adopted 8/19/87; Ordinance 96-052, sec. 1, adopted 9/9/96; 1988 Code, sec. 18-22; Ordinance adopting 2021 Code)

§ 2.09.043 Fees and special expenses.

The municipal court is authorized and empowered to enforce by execution on the property of the defendant, or imprisonment of the defendant, the collection of all fines imposed by the court, not inconsistent with the laws of the state. The following special expenses and fees are hereby established as follows:

Special expense for dismissal of certain cases.

A special expense as set forth in the fee schedule in appendix A of this code for services performed in cases in which the laws of the state require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of alleged offense, being subsection (b)(1), article 45.541 [45.0511], Code of Criminal Procedure, permitting the taking of a driving safety course to bring about dismissal of such action.

Security fund fee.

A security fee, upon conviction of a misdemeanor offense in municipal court, in the amount set forth in the fee schedule in appendix A of this code, for the municipal court building security fund. In accordance with section 102.017 of the Code of Criminal Procedure, the fund may be used only to finance items when used for the purpose of providing security services for buildings housing a municipal court as appropriate, including:

(A)

The purchase or repair of X-ray machines and conveying systems;

(B)

Hand-held metal detectors;

(C)

Identification cards and systems;

(D)

Electronic locking and surveillance equipment;

(E)

Bailiffs or contract security personnel during times when they are providing appropriate security services;

(F)

Signage;

(G)

Confiscated weapon inventory and tracking systems;

(H)

Locks, chains, alarms, or similar security devices;

(I)

The purchase or repair of bullet-proof glass; and

(J)

Continuing education on security issues for court personnel and security personnel.

Technology fund fee.

A technology fee, upon conviction of a misdemeanor offense in municipal court of offenses committed on or after the effective date of this section, in the amount set forth in the fee schedule in appendix A of this code, for the municipal court technology fund. In accordance with article 102.0172, Code of Criminal Procedure, the fund may be used only to finance the purchase of or to maintain technological enhancements for the municipal court, including:

Computer systems;

Computer networks;

Computer hardware;

Computer software;

Imaging systems;

Electronic kiosks;

Electronic ticket writers; and

(H)

Docket management systems.

(4)

Collection fee.

(A)

A collection fee, in the amount set forth in the fee schedule in appendix A of this code, on all unpaid fines, fees, court costs, or other charges lawfully assessed by the municipal court in accordance with state law, provided the city enters into a contract with a private attorney or private vendor pursuant to chapter 103, article 103.0031, Texas Code of Criminal Procedure and provided further that said fines, fees, court costs, or other charges are more than sixty (60) days past due and have been referred to the aforesaid attorney or vendor for collection. The collection fee shall not apply to a case that has been dismissed by the court or to any amount that has been satisfied through time-served credit or community service. The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than sixty (60) days past due. Unless the contract provides otherwise, the court shall calculate the amount of any collection fee due to the private attorney or private vendor performing the collection services and shall receive all fees, including the collection fee. With respect to cases in which fines, fees, costs, or other charges are assessed and the accused has failed to appear, the amount to which the thirty (30) percent collection fee applies is the amount to be paid that is communicated to the accused as acceptable to the court under its standard policy for resolution of the case, if the accused voluntarily agrees to pay that amount; or the amount ordered paid by the court after plea or trial. A defendant is not liable for the aforesaid collection fees authorized herein if the court has determined the defendant is indigent, or has insufficient resources or income, or is otherwise [unable] to pay all or part of the underlying fine, fee, cost, or other charges. If a person pays an amount that is less than the aggregate total to be collected, the amount paid to the state comptroller, the city, and the private attorney or vendor shall be reduced proportionately. For purposes of this subsection, an item subject to collection services as provided herein and to the additional collection fee authorized herein is considered more than sixty (60) days past due if it remains unpaid on the sixty-first day after the following appropriate date:

(i)

With respect to fines, fees, court costs, or other charges other than for those imposed in which the accused has failed to appear, the date on which the debt, fine, fee, cost, or other charges must be paid in full as determined by the court; or

(ii)

With respect to fines, fees, court costs, or other charges assessed in which the accused has failed to appear, the date by which the accused promised to appear or was notified, summoned, or ordered to appear. The collection fee so authorized hereunder may not be used by the city for any purpose other than compensating the private attorney or private vendor who earns the fee.

A person is considered convicted if:

A sentence is imposed on the person;

The person is placed on community supervision, including deferred adjudication community supervision; or

The court defers final disposition of the person’s case.

All such fines and fees collected under this section shall be paid into the city treasury for the use and benefit of the city or as the laws of the state direct and shall be administered by or under the direction of the governing body of the municipality.

(1970 Code, sec. 15-1/2-14; Ordinance 87-050, sec. 1, adopted 9/14/87; Ordinance 95-034, sec. 1, adopted 8/14/95; Ordinance 99-052, sec. 1, adopted 7/12/99; Ordinance 2003-040, sec. 1, adopted 9/8/03; Ordinance 2005-004, sec. 2, adopted 1/10/05; 1988 Code, sec. 18-23; Ordinance adopting 2021 Code)

§ 2.09.044 Administrative search warrants.

Definitions.

For purposes of this section:

Code inspector

means the code inspectors of the city, as the same shall be designated by the city manager.

Municipal court judge

means the duly appointed judge of the municipal court of the city.

Search warrant

means a written order, issued by the municipal court judge and directed to any code inspector, commanding him or her to enter onto specified property, including structures, to determine the presence of a violation or violations of any ordinance or ordinances of the city.

Interference.

Any person interfering with the execution of a lawful search warrant issued pursuant to this section shall be guilty of a misdemeanor, the penalty for which is not to exceed five hundred dollars ($500.00).

Conflicts.

Nothing in this section shall be construed to conflict with any state or federal law, and the authority granted herein shall be in addition to any rights granted by state or federal law.

(d)

Authority to seek and issue search warrant.

Code inspectors are hereby authorized to seek and obtain search warrants from the municipal court judge, as provided in this section, before making any inspection incidental to the enforcement of any provision in this code. The municipal court judge is hereby authorized to issue such warrants subject to the requirements of this section. No warrant issued under this section shall include the authority to make arrests or to seize tangible property, and no code inspector executing such a warrant is authorized to make any arrests or seize any tangible property.

(e)

Probable cause.

No search warrant shall be issued pursuant to this section except on the presentation of evidence of probable cause to believe that a violation or violations are present in the premises sought to be inspected. In determining probable cause, the municipal court judge is not limited to evidence of specific knowledge, but may consider any of the following:

The age and general condition of the premises;

Previous violations or hazards found present in the premises;

The type of premises;

(4)

The purposes for which the premises are used; and

(5)

The presence of hazards or violations in the general condition of premises near the premises sought to be inspected.

(f)

Affidavit required.

A sworn affidavit setting forth substantial facts towards establishing probable cause shall be filed in every instance in which a search warrant is requested.

(g)

Contents of warrant.

A search warrant issued pursuant to this section shall be sufficient if it contains the following requisites:

That it run in the name of “The State of Texas”;

That it identify, as near as may be, the premises to be inspected;