There is hereby created a court in and for the city, which shall
be known as the municipal court. This court shall have jurisdiction
within the city with power to hear and determine all cases of alleged
violations of the ordinances of the city and all other cases over
which municipal courts are generally given jurisdiction by state law.
(2000 Code, sec. 8.801)
(a)
Office created.
There is hereby created the office of
judge of the municipal court, who shall have all the powers and authority
as granted and shall perform all the duties as required by state law.
(c)
Size of court and number of judges.
The city council
may, by ordinance, regulate the size of the municipal court and the
number of municipal judges.
(d)
Compensation.
The municipal judge shall be compensated
for his services at a rate set by the city council which shall be
commensurate with the time involved in executing his duties.
(e)
Qualifications.
No person shall be eligible to be a
candidate for municipal judge unless the person:
(1)
Is a citizen of the United States eligible to hold such office under
the constitution and laws of this state;
(2)
Is not mentally incompetent as determined by a court;
(3)
If convicted of a felony, has been pardoned or had full rights of
citizenship restored by other official action;
(4)
Will be eighteen (18) years of age or older on the commencement of
the term to be filled by appointment; and
(5)
Will have resided in this state for a period of twelve (12) months.
(f)
Mandatory education.
Every non-attorney appointed as
the municipal judge shall complete a twenty-four (24) hour course
of instruction within one (1) year from the date of his appointment
and shall complete a twelve (12) hour course of instruction each year
thereafter.
(g)
Removal.
The judge of the municipal court may be removed
from office by a city council resolution declaring a lack of confidence
in the judge; provided that two-thirds (2/3rds) of the city council
vote in favor of said resolution.
(h)
Oath.
The judge of the municipal court, prior to taking
office, shall take the oath of office required by the state constitution
and state laws. This is the oath required by the state laws for mayors
of cities.
(2000 Code, sec. 8.802; Ordinance
adopting Code)
(a)
Appointment.
The city secretary shall serve as ex-officio
court clerk of the municipal court, who may be authorized to appoint
a deputy with the same power. The city secretary shall hold such office
during his or her term of office as city secretary.
(b)
Duties.
The court clerk or deputy court clerk of the
municipal court shall keep minutes of the proceedings of the municipal
court, issue all process, and generally perform all duties of the
clerk of a court as prescribed by law for a county clerk insofar as
the same may be applicable.
(c)
Removal.
The city council may remove the court clerk
or deputy court clerk for incompetency, corruption, misconduct or
malfeasance in office after due notice and an opportunity for a hearing
before the city council.
(2000 Code, sec. 8.803)
The duly appointed city attorney shall serve as ex-officio prosecutor
in the municipal court. The city council shall prescribe the compensation
for the prosecution, which shall be paid out of the city treasury.
(2000 Code, sec. 8.804)
The chief of police shall serve as bailiff to preserve order
and decorum while court is in session.
(2000 Code, sec. 8.805)
The chief of police shall serve as warrant officer to serve
all process or papers issued by the municipal court.
(2000 Code, sec. 8.806)
The rules prescribed by state law governing trials in the state
justice of peace courts shall govern the procedure and practice of
the municipal court, and the city council may prescribe such additional
rules of practice and procedure as are not inconsistent with state
law.
(2000 Code, sec. 8.807)
(a)
Acceptance; forfeiture.
The judge of the municipal court
is authorized to receive from any person arrested for a violation
of any section of the city code, or any state law over which the municipal
court has jurisdiction, cash bail for the appearance of such person
before the municipal court. If such person voluntarily signs a written
agreement in which he agrees that, in the event of failure to make
an appearance by or upon the date therein named, his bail may be forfeited
by the municipal court to the city by an order or judgment of the
court entered upon its minutes, without service of notice or citation
of any kind upon him, and such person shall, in the same instrument,
authorize such officer to plead “guilty” for him in the
event of his failure to appear on said date, then said cash bail shall
be applied to the payment of the fine and the costs which may be assessed
against him.
(b)
Amount.
The judge of the municipal court so accepting
any cash bail shall fix the same at any amount not less than five
dollars ($5.00) which, in his judgment, shall be deemed to be sufficient
to compel the appearance of such person on the date fixed; provided
that no cash bail shall be accepted unless voluntarily offered by
the person charged.
(c)
Issuance of receipt.
When a cash bail is tendered and
accepted, the judge of the municipal court accepting the same shall
issue a special cash bail receipt therefor to the person tendering
such cash bail, a copy of which is to remain in the cash bail receipt
book. When a cash bail is returned to the person who deposited it,
a receipt shall be taken therefor.
(d)
Disposition.
The same procedure shall apply whether
or not the person who has deposited money is present or orders such
bail to be applied on the payment of any fine and cost assessed against
him. When such person fails to make his appearance and a guilty plea
is entered for him, the judge shall apply as much of the cash bail
as may be necessary for the satisfaction of such fine and cost, and
the balance shall be returned to the defendant. In the event such
cash bail is forfeited, then the entire sum shall be paid to the proper
officer of the city.
(2000 Code, sec. 8.808)
Arrest without a warrant may be made by the chief of police
or any other police officer of the city when offenses against the
law or ordinances of the city are committed in their presence, or
where persons are found in suspicious places and under circumstances
which reasonably show that such person has been guilty of some felony
or breach of the peace, or has threatened to, or is about to commit,
some offense against the law or ordinances of the city.
(2000 Code, sec. 8.809)
(b)
Amount of fee; assessment and collection.
(1)
The fee shall be in the amount as provided in appendix A to this
code.
(2)
The fee shall be assessed and collected from the defendant upon conviction
for a misdemeanor offense in the municipal court as a cost of court.
A defendant is considered convicted if:
(3)
The fee shall be collected on conviction for an offense committed
on or after September 5, 2000.
(4)
The clerk of the court shall collect the fee and pay the fee to the
municipal treasurer or city secretary, who shall deposit the fee into
the municipal court technology fund.
(c)
Designated use of fund; administration.
The fund shall
be used only to finance the purchase of technological enhancements
for the municipal court of the city, including those items specified
in V.T.C.A., Code of Criminal Procedure, article 102.0172.
(Ordinance 09052000-01, secs. 1–3,
adopted 9/5/00; Ordinance adopting
Code)
(a)
Established.
There is hereby created and established
a municipal court building security fund (the “fund”)
pursuant to article 102.017 of the Code of Criminal Procedure.
(b)
Amount of fee.
The municipal court of the city is hereby
authorized and required to assess a municipal court building security
fee (the “fee”) in the amount as provided in appendix
A to this code against all defendants convicted in a trial of a misdemeanor
offense by the municipal court. Each misdemeanor conviction shall
be subject to a separate assessment of the fee.
(c)
Collection of fee.
The municipal court clerk is hereby
authorized and required to collect the fee and to pay same to the
treasury of the city. All fees so collected and paid over to the treasury
of the city shall be segregated in the fund.
(d)
Designated use of fund.
The fund shall be used only
for the purpose of financing the purchase of security devices and/or
services for the building or buildings housing the municipal court
of the city. “Security devices and/or services” shall
include any and all items described in article 102.017(d) of the Code
of Criminal Procedure.
(e)
Administration.
The fund shall be administered by or
under the direction of the city council.
(Ordinance 09052000-02, sec. 1,
adopted 9/5/00)
(a)
Established; amount; administration.
(1)
The juvenile case manager fund it created in accordance with Texas
Code of Criminal Procedure article 102.0174 (court costs; juvenile
case manager fund).
(2)
Except as provided in subsection (3) below, each defendant convicted of a fine-only misdemeanor in the city’s municipal court shall pay a juvenile case manager fee as a cost of court. The city’s municipal court clerk shall collect the fee.
(3)
The city’s municipal judge may waive the fee in the case of
a financial hardship.
(4)
The city’s municipal court clerk shall deposit the fees collected
under this section in the juvenile case manager fund. The fund shall
be administered as directed by the city council and may be used only
for the purposes prescribed by the Texas Code of Criminal Procedure
article 102.0174 (court costs; juvenile case manager fund).
(b)
Amount of fee.
The municipal court’s fee schedule
is hereby amended to add a juvenile case manager fee as provided in
appendix A of this code.
(Ordinance 111213-01 adopted 11/12/13)
A twenty-five dollar ($25.00) fine will be assessed to each
offense under article 45.203(c), Code of Criminal Procedure for the
failure to appear (FTA) or violate promise to appear (VPTA) before
the city municipal court.
(Ordinance 01142020-2 adopted 1/14/20)
