The municipal court of the city is created by section 29.002 of the Texas Government Code.
(Ordinance 18-02, sec. 8.201, adopted 2/13/18)
(a) 
The municipal court shall have exclusive original jurisdiction within the territorial limits of the city in all criminal cases that arise under the ordinances of the municipality and are punishable by a fine not to exceed:
(1) 
$2000.00 in all cases arising under municipal ordinances that govern fire safety or public health and sanitation, including dumping of refuse; or
(2) 
$500.00 in all other cases arising under a municipal ordinance.
(b) 
The municipal court shall have concurrent jurisdiction with any justice court in any precinct in which the city is situated in all criminal cases arising under state law that arise within the municipality’s territorial limits that:
(1) 
Are punishable by a fine only;
(2) 
The maximum of such fine may not exceed $200.00.
(Ordinance 18-02, sec. 8.202, adopted 2/13/18)
Municipal courts have no terms and may sit at any time to try cases.
(Ordinance 18-02, sec. 8.203, adopted 2/13/18)
The court shall have a seal with a five point star in the center and with the words “Municipal Court in Oak Leaf, Texas.”
(Ordinance 18-02, sec. 8.204, adopted 2/13/18)
(a) 
Proceedings in municipal court are commenced by complaint, which shall begin “In the name and authority of the State of Texas,” and shall conclude: “Against the peace and dignity of the State.” If the offense is only covered by an ordinance, it may also conclude: “Contrary to the said ordinance.”
(b) 
A complaint may be sworn to before any officer authorized to administer oaths or before the judge, clerk, city secretary, city attorney or his deputy. The complaint may be signed upon information and belief by the person signing the complaint without personal knowledge of the offense.
(c) 
Complaints must be written and shall state:
(1) 
The name of the accused, if known, and if unknown, shall describe him as accurately as practicable.
(2) 
The offense with which he is charged, in plain and intelligible words.
(3) 
The city and county in which the complaint is made and offense committed.
(4) 
The offense from the date it was committed is not barred by limitation.
The complaint must state facts sufficient to show commission of the offense charged, but the same particularity is not required as is necessary in indictment of information.
(d) 
If written notice of a violation for which the maximum possible punishment is by fine only, or a violation relating to the matter, time, and place of parking, has been prepared, delivered, and filed with the court and a legible duplicate copy has been given to the defendant, the duplicate copy serves as a complaint to which the defendant may plead guilty or not guilty or nolo contendere. If the defendant pleads not guilty to the offense, a complaint shall be filed that conforms to the requirement of chapter 45, Code of Criminal Procedure and that complaint serves as an original complaint. A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed on the written notice of the charged offense if the defendant agrees in writing with the prosecution, signs the agreement and files it with the court.
(Ordinance 18-02, sec. 8.205, adopted 2/13/18; Ordinance adopting 2019 Code)
(a) 
Generally.
The municipal court shall be presided over by a judge to be known as the “Judge of the Oak Leaf Municipal Court.” The judge of the municipal court shall have the powers bestowed on municipal judges by state law.
(b) 
Temporary replacement.
While the municipal judge is temporarily unable to act for any reason, the governing body may appoint an additional person or persons meeting the qualifications for such position to sit for the regular municipal judge. The appointee shall have all the powers and duties of the office and shall receive the same compensation set by the governing body of the city.
(c) 
Oath.
All judges appointed under the provisions of this article shall take and subscribe to the constitutional oath of office before entering upon the performance of their duties as such.
(d) 
Training.
All judges appointed under the provisions of this article must comply with the training requirements of the state judicial council.
(Ordinance 18-02, sec. 8.206, adopted 2/13/18)
(a) 
The city council shall appoint a court clerk for the city. The city council may also appoint such deputy clerks as may be necessary for the efficient operation of the municipal court.
(b) 
The clerk of the municipal court and such deputy clerks as may be appointed shall perform all the duties and have all the powers bestowed upon clerks of municipal courts by state law.
(Ordinance 18-02, sec. 8.207, adopted 2/13/18)
All process issued out of the municipal court shall be served by a sheriff or constable, or by a compliance officer under the same rules as are provided by law for the service by sheriffs and constables of process issuing out of the justice court, so far as applicable, and process may be served throughout Ellis County where the city is located.
(Ordinance 18-02, sec. 8.209, adopted 2/13/18)
(a) 
The special expenses and costs as provided for in the fee schedule found in chapter 12 of this code are authorized to be collected by the clerk of the municipal court.
(b) 
The officer collecting the costs shall keep separate records of the funds collected as costs under this section, and shall deposit the funds in the municipal treasury.
(c) 
Each officer collecting court costs under this section shall file the reports required. If no funds due as costs under this section have been collected in any quarter, the report required for each quarter shall be filed in the regular manner, and the report shall state that no funds due under this section were collected.
(d) 
The custodian of a municipal treasury shall keep records of the amount of funds on deposit collected under this section, and shall remit to the comptroller of public accounts on or before the last day of the month following each calendar quarter period of three months the funds collected under this section during the preceding quarter. The city may retain as a collection fee ten percent of the funds collected under this section. Funds collected are subject to audit by the comptroller and funds expended are subject to audit by the state auditor and by the governor’s division of planning coordination.
(Ordinance 18-02, sec. 8.210, adopted 2/13/18)
All prosecutions in the municipal court shall be conducted by the city attorney, but the county attorney may represent the state in all prosecutions involving violations of state law.
(Ordinance 18-02, sec. 8.211, adopted 2/13/18)
(a) 
Trials in municipal court are before the judge thereof or before a jury of six persons. The defendant may waive a trial by jury. As a qualification for service on a jury of a municipal court, including a municipal court of record, a person must be a resident of the city.
(b) 
The judge shall charge the jury on the law when requested by the defendant or his attorney.
(c) 
If there is a material variance between the allegations in the complaint and the proof offered at the trial by the state, or the prosecution has failed to prove a prima facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of “not guilty” as in any other criminal case.
(d) 
The defendant may appear in person and by attorney.
(e) 
Rules of evidence in the district court shall apply to the trial of cases before a municipal court.
(Ordinance 18-02, sec. 8.212, adopted 2/13/18)
(a) 
A defendant charged with a misdemeanor for which the maximum possible punishment is by fine only may mail to the court a plea of guilty or of nolo contendere and a waiver of jury trial. The defendant may also request in writing that the court notify the defendant, at the address stated in the request, of the amount of an appeal bond that the court will approve.
(b) 
If the court receives a plea and waiver before the time the defendant is scheduled to appear in court, the court shall dispose of the case without requiring a court appearance by the defendant.
(c) 
The court shall notify the defendant by certified mail, return receipt requested, of any fine assessed in the case and, if requested by the defendant, the amount of an appeal bond that the court will approve. The defendant shall pay any fine assessed or give an appeal bond in the amount stated in the notice before the 31st day after receiving the notice.
(Ordinance 18-02, sec. 8.213, adopted 2/13/18)
(a) 
All fines and special expenses shall be paid into the city treasury.
(b) 
New trials require motion at least one day after judgment. Only one new trial may be granted.
(Ordinance 18-02, sec. 8.214, adopted 2/13/18)
(a) 
Appeals from the municipal court shall be to the county court, unless the jurisdiction of the county court has been transferred to the district court or to a county court of law, in which case an appeal will be to the court which such appellate jurisdiction has been transferred.
(b) 
Notice of appeal shall be given within ten days from date of judgment and the filing of an appeal bond perfects the appeal. Appeal bond to be double amount of fine levied in accordance with the general penalty provision found in section 1.01.006 of this code.
(c) 
All of the original papers in the case, together with a certified transcript of all the proceedings had in the court, shall be delivered without delay to the clerk of the court to which the appeal was taken.
(d) 
The case shall be tried de novo in the appellate court.
(e) 
A fine imposed by a county court in a case heard on appeal from the city’s court must be returned to the city treasury.
(f) 
A clerk for the municipal court shall be appointed by the city council but it may provide by ordinance that the city secretary shall be ex-officio clerk of the court who may be authorized to appoint a deputy with the same power as the secretary.
(Ordinance 18-02, sec. 8.215, adopted 2/13/18)
(a) 
The city will accept payment of a fee, fine or court cost in cash or money order.
(b) 
The governing body of the city shall set the processing fee in an amount that is reasonably related to the expense incurred by the municipal officer or official in processing the payment. The fee may not be set that exceeds five percent of the fee, fine, court cost or other charge being paid.
(c) 
The processing fee shall be deposited in the general fund of the city.
(d) 
The clerk shall keep minutes of the proceedings of the court, issue all process, and generally perform all the duties of the clerk of a court as prescribed by law for a county clerk.
(Ordinance 18-02, sec. 8.216, adopted 2/13/18)