Within the municipal court system established and created for the city, in accordance with the terms, provisions, powers, duties and limitations as set forth in 1200 ff – 1, Revised Civil Statutes of Texas, as amended (now codified in Title 2, Government Code), and in the city charter, chapter VII [article V, section 68], there are hereby created, established and designated two (2) municipal courts of record to be known as Municipal Court No. 1 and Municipal Court No. 2.
(Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
The operation and procedure of the municipal court of record shall be as provided by the Texas Government Code, chapters 29 and 30, and applicable provisions of the Texas Code of Criminal Procedure as applied to county courts at law and such other state laws as are applicable to municipal courts of record. Concerning matters for which there is no specific state law, the state law pertaining to justice courts shall apply.
(1950 Code, Ch. 7, sec. 1; Ordinance 69-28, sec. 1, adopted 4/22/69; Ordinance 82-38, sec. 1, adopted 2/9/82; 1957 Code, sec. 2-36; Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
(a) 
The municipal court shall be divided into two divisions, Municipal Court No. 1 shall be presided over by a presiding judge (presiding municipal judge), and Municipal Court No. 2 shall be presided over by an associate judge (associate municipal judge) who shall be a magistrate with the same powers as those conferred on the presiding judge except as provided in subsection (d) below. Each division shall have and exercise concurrent jurisdiction with the other division of such court within the corporate limits of the city, and such divisions of the municipal court shall be in concurrent and continuous session, day and night.
(b) 
Both municipal judges shall be residents of this state, citizens of the United States, qualified voters of the city, licensed attorneys in good standing in the state, have two (2) or more years of experience in the practice of law in this state, and be appointed or reappointed by the city council to hold such office for a term of two (2) years commencing January first of even-numbered years. Each judge shall receive such salary as may be fixed by the city council in accordance with state law and shall perform such duties as are provided by law for a municipal judge in home rule cities.
(c) 
The municipal court and its judges may transfer cases from one (1) division to another and any judge or division may exchange benches and preside over any other division of such court.
(d) 
Unless otherwise directed by the city council, the presiding municipal judge may prescribe such rules and procedures, not inconsistent with the laws of the state and ordinances of the city, as are necessary for the orderly trial of cases in the municipal courts. The presiding judge shall direct matters or proceedings pending in the municipal courts; shall establish priorities for and supervise the associate municipal judge and all alternate municipal judges; and; further shall prescribe the conditions under which the substitute municipal judges shall sit as judge in any of the municipal courts.
(e) 
The city council may appoint as many alternate judges as deemed necessary. Alternate judges shall be appointed pursuant to and have the duties and powers established for them in accordance with Texas Government Code 30.00008.
(f) 
All prosecutions in a municipal court of record must be conducted by the city attorney or an assistant or deputy city attorney.
(1950 Code, Ch. 7, secs. 2, 10; Ordinance 69-28, secs. 2–3, adopted 4/22/69; Ordinance 82-38, sec. 1, adopted 2/9/82; Ordinance 99-02, sec. 1, adopted 1/12/99; Ordinance 2004-36, sec. 1, adopted 9/28/04; 1957 Code, secs. 2-37–2-38; Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
(a) 
Jurisdiction shall be the same as is now or hereafter may be conferred upon all municipal courts of record by the general laws of the state.
(b) 
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 municipality and are punishable only by fine.
(c) 
The court has civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Local Government Code, or subchapter E, chapter 683, Transportation Code,
(d) 
The court has concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, Local Government Code, within the municipality’s territorial limits and property owned by the municipality located in the municipality’s extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances;
(e) 
The court has authority to issue search warrants for the purpose of investigation a health and safety or nuisance abatement ordinance violation; and seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
(Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
(a) 
A complaint filed in a municipal court of record must comply with article 45.17, Code of Criminal Procedure; and begin “In the name and by authority of the State of Texas” and must conclude “Against the peace and dignity of the State.”
(b) 
Pleadings must be in writing and must be filed with the municipal court clerk.
(Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
(a) 
Bonds must be payable to the state for the use and benefit of the city. The court may not assess court costs other than warrant fees, capias fees, and other fees authorized for municipal courts of record.
(b) 
A peace officer may serve a process issued by a municipal court of record.
(c) 
A conviction, judgment, and sentence are in the name of the state, and the state recovers from the defendant the fine and fees for the use and benefit of the city.
(d) 
Fines, fees, costs, and bonds shall be paid to the clerk of the court, who shall deposit them in the city general fund, except as herein modified by section 7-2-1 in accordance with state law.
(Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
(a) 
The city manager shall provide for the appointment of a clerk of the municipal courts of record, who shall be known as the municipal clerk. The municipal clerk shall perform, as applicable, the duties prescribed by law for the county clerk of a county court at law. In addition, the clerk shall:
(1) 
Maintain central docket records for all cases filed in the municipal courts of record; and
(2) 
Maintain an index of all municipal court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts.
(b) 
The city council shall provide the courts with other municipal court personnel that the governing body determines necessary for the proper operation of the courts. Those persons shall perform their duties under the direction and control of the clerk or the municipal judge to whom assigned. The city council shall determine the salaries of the court personnel.
(1950 Code, Ch. 7, sec. 3; Ordinance 69-28, sec. 4, adopted 4/22/69; Ordinance 82-38, sec. 1, adopted 2/9/82; 1957 Code, sec. 2-39; Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
There is created under the direct supervision of the chief of police a warrant office, which shall be part of the police department and which shall be served by police officers who shall serve all process and warrants issuing out of the municipal court and perform all of the functions and duties previously provided by the city marshal and his deputies.
(Ordinance 83-88, sec. 2, adopted 8/31/83; 1957 Code, sec. 2-40; Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
(a) 
A person brought before a 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 according to law.
(b) 
A juror for the court must have the qualifications required of jurors by law and must be a resident of the city.
(c) 
A juror is entitled to receive the compensation for each day and each fraction of a day in attendance on a municipal court of record jury as provided by chapter 61.
(d) 
The clerk of the court shall establish a fair, impartial, and objective juror selection process.
(Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)
The courts costs, fees and special expenses for proceedings related to the municipal court, by the laws of the state, to be charged the defendant on conviction or deferred adjudication, and in effect at the time of the proceedings in the municipal court, are expressly approved and adopted by the city and made applicable to the proceedings in the municipal court of the city. Such court costs, fees and expenses shall also include, but not by way of limitation, the following:
(1) 
A fee of ten dollars ($10.00) for a person to request a teen court program to provide for the costs of administering the teen court program. The fees shall be deposited in the municipal treasury. A person who requests a teen court program and fails to complete the program is not entitled to a refund of the fee. The fee is authorized pursuant to article 45.55e, Texas Code of Criminal Procedure.
(Ordinance 83-120, sec. 1, adopted 12/13/83; Ordinance 87-59, sec. 1, adopted 9/27/87; Ordinance 88-62, sec. 1, adopted 7/12/88; Ordinance 91-56, sec. 1, adopted 8/27/91; Ordinance 96-34, sec. 1, adopted 4/23/96; Ordinance 98-33, sec. 1, adopted 5/26/98; Ordinance 99-48, sec. 1, adopted 9/14/99; 1957 Code, sec. 2-41; Ordinance adopting Code; Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13; Ordinance 2020-02 adopted 1/28/20)
All funds received by the municipal court pursuant to section 7-2-1 shall be paid into the city treasury and applied for the use and benefit of the city unless otherwise provided by state law. The director of finance is also authorized to deposit funds in interest-bearing accounts and to retain the interest as well as the percentage of funds authorized as a service fee, when authorized by state law.
(Ordinance 83-120, sec. 1, adopted 12/13/83; Ordinance 96-34, sec. 1, adopted 4/23/96; 1957 Code, sec. 2-42; Ordinance 2012-59 adopted 10/23/12; Ordinance 2013-23 adopted 4/23/13)