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.
(b) Appointment; term.
(1) The city mayor shall appoint the municipal judge of the city.
(2) The municipal judge shall be appointed for a term of two (2) years
and shall coincide with the term of the mayor. The municipal judge
shall take office immediately following the appointment.
(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)
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)
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)
(a) Established.
(1) There is hereby created and established a municipal court technology
fund, herein known as the “fund,” pursuant to article
102.0172 of the Code of Criminal Procedure.
(2) The fund may be maintained in an interest-bearing account and may
be maintained in the general revenue account.
(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:
(A) A sentence is imposed on the person;
(B) The person is placed on community supervision, including deferred
adjudication community supervision; or
(C) The court defers final disposition of the person’s case.
(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)