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:
(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)
