The municipal court shall have jurisdiction within the territorial limits of the city in all criminal cases arising under this code and any other ordinance of the city and shall also have concurrent jurisdiction with any justice of the peace in any precinct in which the city is situated in all criminal cases arising under the criminal laws of the state in which punishment is by fine only and where the maximum of such fine may not exceed the amount provided in the general penalty in section 1.01.009 of this code.
(1967 Code, sec. 8-1; Ordinance 237 adopted –/–/–/; 1994 Code, sec. 35.01; Ordinance adopting 2021 Code)
(a) 
Appointment.
The city council shall appoint a judge of the municipal court.
(b) 
Compensation.
The city council shall, on or before October 1 of each year, fix the compensation to be paid to the judge of the municipal court for the next calendar year.
(c) 
Qualifications.
The judge shall be a resident of the city and qualified to vote in all elections during his or her term of office.
(d) 
Vacancies.
In the event that the judge shall resign, die, become disqualified, or be removed by the city council in accordance with section 2.08.005 during the term of office, then, and in that event, the city council shall at the next regular meeting following the resignation, death, disqualification, or removal, appoint a successor as judge to serve for the remainder of the unexpired term of the judge.
(e) 
Term of office.
The judge shall be appointed by the city council at its first regular meeting after the regular election of the mayor to serve for a term of two years and until a successor has been appointed and qualified.
(1967 Code, secs. 8-2–8-6; Ordinance 237 adopted –/–/–/; Ordinance 258 adopted –/–/–; Ordinance 417 adopted 7/14/81; 1994 Code, sec. 35.02)
(a) 
Appointment.
The city council may also name and appoint an assistant judge who shall serve in the place of the judge whenever necessary and, when so serving, shall have the same authority as the judge.
(b) 
Compensation.
The assistant judge shall be compensated at an amount to be set as a salary for each month by the city as compensation pursuant to appointment and insure his or her availability to serve as judge when necessary. The assistant judge shall be additionally compensated on a pro rata basis for each and every occasion that he or she is required to serve in lieu of the judge. Compensation for such service is to be paid by the city and charged to and deducted on a pro rata basis from the compensation that would be otherwise paid and due to the judge for such service. In the event that the compensation for service should exceed the minimum compensation herein provided per month to the assistant judge, the compensation shall be in lieu of and in satisfaction of the minimum designated compensation to the assistant judge.
(c) 
Qualifications.
The assistant judge shall have the same qualifications as set forth in this article for the judge, and the term of the assistant judge shall coincide with that of the judge.
(d) 
Vacancies.
In the event the assistant judge shall resign, die, become disqualified, or be removed by the city council in accordance with section 2.08.005 during the term of office, then, and in that event, the city council may at its next regular meeting following the resignation, death, disqualification, or removal appoint a successor as assistant judge to serve for the remainder of the unexpired term of the assistant judge.
(1967 Code, secs. 8-7, 8-8; Ordinance 237 adopted –/–/–/; Ordinance 370 adopted –/–/–; 1994 Code, sec. 35.03)
The judge shall be in attendance at all scheduled sessions of the municipal court and preside over such court and all matters pertaining thereto; or, in the event of the absence of the judge, the judge shall cause the assistant judge to be in attendance at all scheduled sessions of the court and preside over the court and all matters pertaining thereto.
(1967 Code, 8-9; Ordinance 237 adopted –/–/–/; 1994 Code, sec. 35.04)
The city council shall have the power to remove either the judge or the assistant judge for incompetency, corruption, misconduct, or malfeasance in office, after due notice to the judge or assistant judge and after he or she has had an opportunity to be heard in his or her defense. The city council shall also have the power at any time to remove the judge or assistant judge by resolution declaratory of its want of confidence in that person, provided that two-thirds of the council vote in favor of the resolution.
(1967 Code, sec. 8-10; Ordinance 237 adopted –/–/–/; 1994 Code, sec. 35.05)
(a) 
Appointment.
The city manager shall appoint a clerk of the municipal court.
(b) 
Term of office.
The clerk of the municipal court shall be appointed at the first regular meeting of the city council after the regular election of the mayor to serve for a term of two years and until a successor has been appointed and qualified.
(c) 
Qualifications.
The clerk shall be a resident of the county, not residing in any other municipality, and qualified to vote in all elections in the county during the term of office.
(d) 
Compensation.
The clerk shall receive such compensation as may be set by the city council.
(e) 
Duties.
The clerk of the municipal court shall keep the minutes of the proceedings of the court, issue all processes, and generally perform all of the duties of the clerk of a court as prescribed by law for a county clerk insofar as same may be applicable.
(f) 
Vacancies.
In the event the clerk shall resign, die, become disqualified, or be removed by the city manager in accordance with section 2.08.008 during the term of office, then, and in that event, the city manager, following the resignation, death, disqualification, or removal, shall appoint a successor as clerk to serve for the remainder of the unexpired term of the clerk.
(1967 Code, secs. 8-11–8-16; Ordinance 238 adopted –/–/–; Ordinance 356 adopted –/–/–; 1994 Code, sec. 35.06; Ordinance adopting 2021 Code)
(a) 
Appointment; qualifications; term of office.
At the time of the appointment of the clerk, or at any time thereafter, the city manager may also name and appoint an assistant clerk who shall serve in the place of the clerk whenever necessary and, when so serving, shall have the same authority as the clerk. The assistant clerk shall have the same qualifications as set forth in this article for the clerk and the term of the assistant clerk shall coincide with that of the clerk.
(b) 
Vacancies.
In the event that the assistant clerk shall resign, die, become disqualified, or be removed by the city manager in accordance with section 2.08.008 during the term of office, then, and in that event, the city manager may, at its next regular meeting following the resignation, death, disqualification, or removal, appoint a successor as assistant clerk to serve for the remainder of the unexpired term of the assistant clerk.
(1967 Code, secs. 8-17, 8-18; Ordinance 238 adopted –/–/–; 1994 Code, sec. 35.07)
The city manager shall have the power to remove either the clerk or assistant clerk for incompetency, corruption, misconduct, or malpractice in office, after due notice to the clerk or assistant clerk and after he or she has had an opportunity to be heard in his or her defense. The city manager shall also have the power at any time to remove the clerk or assistant clerk by resolution declaratory of its want of confidence in that person, provided that two-thirds of the council vote in favor of the resolution.
(1967 Code, sec. 8-19; Ordinance 238 adopted –/–/–; 1994 Code, sec. 35.08)
(a) 
Established.
There is hereby established a municipal court technology fund, pursuant to Texas Code of Criminal Procedure article 102.0172. The municipal court technology fund may be maintained in an interest-bearing account.
(b) 
Fee.
(1) 
Imposed.
A fee shall be collected from the defendant upon conviction for a misdemeanor offense committed on or after June 1, 2001, as a cost of court. A defendant shall be considered convicted if:
(A) 
A sentence is imposed upon the defendant;
(B) 
The defendant is placed on community supervision, including deferred adjudication community supervision; or
(C) 
The court defers final disposition of the defendant’s case.
(2) 
Amount.
The fee shall be in the amount set forth in the fee schedule in appendix A of this code.
(3) 
Collection; disposition.
The clerk of the court shall collect the fee and pay the fee to the municipal treasurer, who shall deposit the fee into the municipal court technology fund.
(c) 
Uses; administration.
(1) 
The municipal court technology fund shall be used only to finance the purchase of technological enhancements for the municipal court, including those items as specified in V.T.C.A., Code of Criminal Procedure, article 102.0172.
(2) 
The municipal court technology fund shall be administered by or under the direction of the council.
(Ordinance 01-03 adopted 5/15/01; 1994 Code, sec. 35.09; Ordinance adopting 2021 Code)
(a) 
Establishment.
There is hereby established a municipal court building security fund pursuant to Texas Code of Criminal Procedure article 102.017. The municipal court building security fund may be maintained in an interest-bearing account.
(b) 
Amount of fee; assessment and collection.
(1) 
The fee shall be in the amount set forth in the fee schedule in appendix A of this code.
(2) 
The security fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court.
(3) 
A defendant is considered convicted if:
(A) 
A sentence is imposed on the person;
(B) 
The person receives community supervision, including deferred adjudication; or
(C) 
The court defers final disposition of the person’s case.
(4) 
The clerk of the court shall collect the fee and pay the fee to the municipal treasurer of the city, who shall deposit the fee into the municipal court building security fund.
(c) 
Designated use of fund; administration.
(1) 
The municipal court building security fund shall be used to finance the following items when used for the purpose of providing security services for the municipal court of the city; including those items as specified in V.T.C.A., Code of Criminal Procedure, article 102.017.
(2) 
The municipal court building security fund shall be administered by or under the direction of the city council.
(Ordinance 07-06 adopted 10/18/07; 1994 Code, sec. 35.10; Ordinance adopting 2021 Code)