The city council hereby establishes the city municipal court as a municipal court of record in order to provide a more efficient disposition of cases arising in the city, and to more effectively enforce the ordinances of the city. The municipal court shall become a court of record from and after the 1st day of January 1998, and shall be designated the “municipal court of record in the city.”
(1987 Code, ch. 1, sec. 12A; 2004 Code, sec. 7.101)
The municipal court of record has the jurisdiction provided by section 30.00005 of the Government Code.
(1987 Code, ch. 1, sec. 12B; 2004 Code, sec. 7.102)
This municipal court of record is established pursuant to the authority granted in chapter 30 of the Government Code of the state, and the terms set forth therein are hereby adopted governing the operation of said court.
(1987 Code, ch. 1, sec. 12C; 2004 Code, sec. 7.103)
The municipal judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court of record, including the court’s personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the city manager or his/her designee.
(1987 Code, ch. 1, sec. 12F; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 7.106)
The city council may appoint one or more magistrates, who need not possess all the qualifications necessary to be a municipal court judge of the court of record. The magistrate may conduct an arraignment, hold an indigence hearing, accept a plea, sign a judgment, set the amount of bond and perform other functions under article 15.17 of the Code of Criminal Procedure. A magistrate may not preside over the court or hear contested cases.
(1987 Code, ch. 1, sec. 12G; 2004 Code, sec. 7.107)
The city manager or his/her designee shall appoint a clerk of the municipal court of record, who shall be known as the municipal court clerk. The municipal court clerk shall keep the records of the municipal court of record, issue process, and generally perform the duties of a clerk of a county court at law exercising criminal jurisdiction. In the annual budget, the city council may provide for deputy clerks, warrant officers, and other personnel as needed for the proper operation of the municipal court of record. During proceedings of the court, the clerk and court personnel shall serve at the direction of the municipal court judge. At all other times they shall serve at the direction and supervision of the city manager or his/her designee, who shall have the authority to remove the court personnel according to rules set forth in the city’s personnel policies.
(1987 Code, ch. 1, sec. 12H; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 7.108)
The municipal court clerk shall appoint a court reporter, who must meet the qualifications provided by law for official court reporters. The court reporter or court staff may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods to record the proceedings of the court. The court reporter or court staff are not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. If a record is made, it shall be kept for the 20-day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. The court reporter is not required to be present during proceedings of the municipal court of record, provided that proceedings that are required to be recorded are recorded by a good quality electronic recording device. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.
(1987 Code, ch. 1, sec. 12I; 2004 Code, sec. 7.109)
The court clerk is directed to acquire a seal in conformance with state law for the municipal court of record.
(1987 Code, ch. 1, sec. 12J; 2004 Code, sec. 7.110)
The court clerk shall supervise the selection of persons for jury service in the municipal court of record.
(1987 Code, ch. 1, sec. 12K; 2004 Code, sec. 7.111)
In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount set forth in the fee schedule in appendix A of this code. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant.
(1987 Code, ch. 1, sec. 12L; 2004 Code, sec. 7.112; Ordinance adopting 2021 Code)