(a) 
The city council hereby finds and determines that the creation of a municipal court of record is necessary to provide for the more efficient disposition of cases arising within the city.
(b) 
The city council hereby creates a municipal court of record to be known as the “Municipal Court of Record No. 1 in the City of Joshua, Texas.”
(Ordinance 630-2016 adopted 2/18/16)
The municipal court of record shall have:
(1) 
The general jurisdiction as provided by section 30.00005 of the Texas Government Code, as amended;
(2) 
Concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, Texas Local Government Code, within the city’s territorial limits and property owned by the city located in the city’s extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances;
(3) 
Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Texas Local Government Code, or subchapter E, chapter 683, Texas Transportation Code; and
(4) 
Authority to issue:
(A) 
Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
(B) 
Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
(Ordinance 630-2016 adopted 2/18/16)
An individual appointed to serve as a municipal court judge shall be:
(1) 
A resident of the state;
(2) 
A citizen of the United States;
(3) 
A licensed attorney in good standing; and
(4) 
Have two (2) or more years of experience in the practice of law in this state.
(Ordinance 630-2016 adopted 2/18/16)
All individuals appointed to serve as municipal judge for the court of record shall serve a term of two (2) years, pursuant to section 8.03 of the city’s Home Rule Charter.
(Ordinance 630-2016 adopted 2/18/16)
A municipal judge is entitled to a salary, the amount of which shall be determined by the city council. The amount of a judge’s salary may not be diminished during the judge’s term of office.
(Ordinance 630-2016 adopted 2/18/16)
The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the city. The municipal judge shall have all powers assigned by state law, including the power to grant writs of mandamus, attachment and other writs necessary to the enforcement of the jurisdiction of the court of record and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court of record. The municipal judge is a magistrate and may issue administrative search warrants.
(Ordinance 630-2016 adopted 2/18/16)
(a) 
If there is more than one municipal judge, city council shall appoint one of the judges as the presiding judge.
(b) 
The presiding judge shall:
(1) 
Maintain a central docket for cases filed within the territorial limits of the city over which the municipal court of record has jurisdiction;
(2) 
Provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the courts;
(3) 
Request the jurors needed for cases that are set for trial by jury;
(4) 
Temporarily assign judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court if necessary for the expeditious disposition of business in the courts; and
(5) 
Supervise and control the operation and clerical functions of the administrative department of each court, including the court’s personnel, during the proceedings of the court.
(Ordinance 630-2016 adopted 2/18/16)
If a vacancy occurs in the office of municipal judge, city council shall by ordinance provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term.
(Ordinance 630-2016 adopted 2/18/16)
A municipal judge may be removed from office at any time for the reasons stated and consistent with section 30.000085 of the Texas Government Code, as amended.
(Ordinance 630-2016 adopted 2/18/16)
(a) 
The city manager shall appoint a clerk of the municipal court. The municipal court clerk shall receive such salary as may be provided in the city’s annual budget. The city secretary may act as assistant clerk of the municipal court.
(b) 
The clerk of the municipal court shall keep the records of the municipal court of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts.
(c) 
In the city’s annual budget, the city council may provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the court of record. Such individuals shall perform their duties under the direction and control of the city manager, and the presiding judge during times when court is in session.
(Ordinance 630-2016 adopted 2/18/16)
There is hereby created an administrative fee to be imposed at the sole discretion of the municipal court judge of an amount not to exceed ten dollars ($10.00), to be levied against any person requesting a driving safety course authorized under V.T.C.A., Transportation Code, sec. 103.021., as amended in 1987.
This fee is to be paid at the time the driving safety course is granted and not thereafter. This fee is authorized under V.T.C.A., Transportation Code, sec. 103.021 and is not refundable. This fee applies to cases that occur on or after September 1, 1987.
(Ordinance 174-87, sec. I, adopted 8/13/87)
There is hereby created a fine in the form of a special expense, which shall be imposed by the governing body of the city in an amount not to exceed $25.00, to be levied against the defendant or his property for the collection of all fines imposed by such court. This fine is authorized under V.T.C.A., Transportation Code, sec. 103.021 and is not refundable.
(Ordinance 175-87, sec. I, adopted 8/13/87)
The city, pursuant to article 102.017 of the Texas Code of Criminal Procedure, as amended, does hereby adopt a municipal court security fee of $3.00 per case. The fee shall be collected by the municipal court clerk and deposited into a demand deposit account styled “municipal court building fund.” The funds shall be administered pursuant to article 102.017 of the Texas Code of Criminal Procedure, as amended.
(Ordinance 237-95, sec. 1, adopted 9/12/95)
(a) 
Establishment of fund.
(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; assessment and collection.
(1) 
The fee shall be in the amount of four dollars ($4.00).
(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 1, 1999.
(4) 
The clerk of the court shall collect the fee and pay the fee to the city secretary, who shall deposit the fee into the municipal court technology fund.
(c) 
Designated use of fund; administration.
(1) 
The fund shall be used only to finance the purchase of technological enhancements for the municipal court as provided for in article 1.02.0172 of the Texas Code of Criminal Procedure.
(2) 
The fund shall be administered by or under the direction of the city council.
(Ordinance 309-99, secs. 1–3, adopted 8/25/99; Ordinance adopting Code)