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)