The municipal court of record in the city has the jurisdiction
and authority provided by V.T.C.A., Government Code section 30.00005
and the following jurisdiction and authority:
(1)
Civil
jurisdiction for the purpose of enforcing municipal ordinances enacted
under V.T.C.A., Local Government Code chapter 214, subchapter A, or
V.T.C.A., Transportation Code, chapter 683, subchapter E.
(2)
Concurrent
jurisdiction with a district court or a county court at law under
V.T.C.A., Local Government Code, chapter 54, subchapter B, 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; and
(Ordinance 17-09, sec. 1, adopted 4/20/17)
The proceedings before the municipal court shall be governed
by the same rules which are prescribed for a justice of the peace
under the laws of the state insofar as they are applicable. All prosecutions
in such court, whether under an ordinance or under the Penal Code
of the state, shall be commenced in the name of the State of Texas,
and shall conclude “against the peace and dignity of the State.”
Where the offense is covered by ordinance, the complaint may also
conclude as contrary to such ordinance. The provisions of the Code
of Criminal Procedure of the state shall cover and be applicable to
the trial of cases before the municipal court.
(2005 Code, sec. 2.2.09)
The municipal court shall have a seal having engraved thereon
a star of five points in the center, and the words “Municipal
Court, Dalworthington Gardens, Texas,” the impress of which
shall be attached to all proceedings except subpoenas issued out of
such court, and shall be used to authenticate the official acts of
the judge of the municipal court where he has been authorized and
required to use the seal of office.
(2005 Code, sec. 2.2.10)
All prosecutions in the municipal court shall be conducted by
the city attorney or his deputy. If there is no city attorney or deputy,
or if the city attorney shall be absent, sick, or unable to act from
any cause, the mayor shall have the authority to appoint any competent,
able attorney to conduct any proceeding of any kind in court, but
his appointment shall be only temporary.
(2005 Code, sec. 2.2.11)
(a)
Authority of judge; examination of witnesses; issuance of warrants.
The judge of the municipal court, when he has good cause to
believe that an offense against any of the ordinances of the city
has been or is about to be committed, may issue subpoenas or attachments
for witnesses, and may examine witnesses in relation thereto, and
if it shall appear from the statement of such witnesses that an offense
against an ordinance of the city or against the state law has been
committed over which the municipal court has jurisdiction, the judge
of the municipal court shall reduce or cause to be reduced the statement
of such witness to writing, and cause the same to be sworn to by such
witness, whereupon the judge shall issue his warrant for the arrest
of such offenders, which warrant shall be returnable before the judge
of the municipal court at such time as may be directed by the judge,
and the offender shall be tried according to the laws and ordinances
of the city.
(b)
Failure of witness to testify.
Any witness summoned under the provisions of subsection (a) of this section who shall fail or refuse to appear and make a statement of facts under oath shall be guilty of contempt of court may be fined in an amount up to the maximum allowed by law and shall be subject to attachment as provided by law.
(2005 Code, sec. 2.2.12)
All fines imposed by the municipal court and all special expenses
prescribed by state law shall be collected and paid into the treasury
of the city for its use and benefit. Such fines and expenses shall
include the following:
(1)
Fines
collected for violations of state statutes within the jurisdiction
of the municipal court.
(2)
Fines
collected for violations of city ordinances within the jurisdiction
of the court as provided by ordinance of the city and by state law.
(3)
Special
expense for the issuance and service of warrants of arrest for offenses
under section 38.10 of the Penal Code of the state or under section
149 of the Uniform Act Regulating Traffic on Highways, such expenses
to be the maximum amount authorized by state law.
(4)
Special
expenses described in article 17.04 of the Code of Criminal Procedure
of the state, dealing with the requisites of a personal bond and the
issuance and service of a warrant of arrest after notice, the same
to be the maximum amount authorized by state law.
(5)
Special
expenses for services performed in cases in which the laws of this
state require the case be dismissed because of actions by or on behalf
of the defendant which were subsequent to the day of the alleged offense,
in accordance with section 143A, Uniform Act Regulating Traffic on
Highways, the same to be the maximum amount authorized by state law.
(6)
A
security fee to be paid into the municipal court building security
fund hereby created, the fee to be collected on each conviction in
the municipal court of the city, in the amount and for the purposes
stated in article 102.017 of the Texas Code of Criminal Procedure.
(7)
A
fee to be paid into the municipal court technology fund, hereby created,
the fee to be collected on each conviction in the municipal court
of the city, in the amount of four dollars, for the purposes stated
in article 102.0172 of the Texas Code of Criminal Procedure. The fee
shall be assessed and collected from every defendant upon conviction
for a misdemeanor offense in the municipal court, as a cost of court.
A defendant is convicted if a sentence is imposed on the person; the
person is placed on community supervision, including deferred adjudication
community supervision; or the court defers final disposition of the
case.
(8)
A
fee to be paid into the juvenile case manager fund, hereby created,
the fee to be collected on each conviction in the municipal court
of the city, in the amount and for the purposes stated in article
102.0174 of the Texas Code of Criminal Procedure; provided that:
(A)
The fee shall be $5.00, to be collected as a cost of court on every
conviction in which a sentence is imposed or deferred disposition
or adjudication is imposed.
(B)
The judge is authorized to waive the fee required by this subsection
(8) in a case of financial hardship.
(C)
The fund created under this subsection (8) may be used only to finance
the salary and benefits of a juvenile case manager employed under
article 45.056 of the Code of Criminal Procedure of the state, the
employment of such manager being hereby authorized.
(9)
Such
other costs, fees and expenses as may be allowed by state law.
Editor’s note–Since adoption of this
provision, the regulations contained in the Uniform Act Regulating
Traffic on Highways (V.T.C.S., article 6701d) have been recodified
and are now located in V.T.C.A., Transportation Code.
(2005 Code, sec. 2.2.13)
