This article is adopted so that the city council may promote the public health, safety, morals and general welfare within the city, and within its extraterritorial jurisdiction, as prescribed by state law, through the enforcement of the city ordinances and the efficient disposition of cases arising from such ordinances.
(Ordinance 361 adopted 3/28/18)
The provisions of this article govern the creation, establishment, operation, and jurisdiction of the municipal court of record within the city, including the judges of the court.
(Ordinance 361 adopted 3/28/18)
The provisions of this article shall apply within the city limits and within the extraterritorial jurisdiction (ETJ) of the city as prescribed by state law.
(Ordinance 361 adopted 3/28/18)
Appellate court.
The county criminal court, the county criminal court of appeals, or the municipal court of appeals; or the county court at law if there is no county criminal court, county criminal court of appeals, or municipal court of appeals.
City.
The City of West Lake Hills, Texas, a duly incorporated municipality.
City council or council.
The governing body of the city.
(Ordinance 361 adopted 3/28/18)
There is hereby established one (1) municipal court of record (“court of record”) within the city, with the numerical designation of “Municipal Court of Record No. 1.” The municipal court that is operating on the date that this article is adopted shall complete its pending cases and be abolished, and all cases arising from alleged actions or inactions occurring after the date of the adoption of this article shall be filed within the new Municipal Court of Record No. 1 for disposition.
(Ordinance 361 adopted 3/28/18)
(a) 
Pursuant to section 30.00005, Texas Government Code, the municipal court of record has the jurisdiction provided by general law for municipal courts contained in section 29.003, Texas Government Code, including concurrent jurisdiction with justice courts as provided by section 29.003.
(b) 
The municipal court of record has jurisdiction over cases arising outside the territorial limits of the city under ordinances authorized by Texas Local Government Code sections 215.072, 271.042, 341.903, and 551.002 or otherwise as provided by law.
(c) 
The municipal court of record has civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Local Government Code (dangerous structures), or subchapter E, chapter 683, Transportation Code (junked vehicles).
(d) 
The municipal court of record has concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, Local Government Code, within the city’s territorial limits and property owned by the city located in the city’s extraterritorial jurisdiction for the purposes of enforcing health and safety and nuisance abatement ordinances.
(e) 
The municipal court of record has authority to issue:
(1) 
Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
(2) 
Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
(Ordinance 361 adopted 3/28/18)
(a) 
The municipal court of record shall be presided over by a judge, who shall be known as the municipal judge. The judge shall be appointed by ordinance for a term of two (2) years and shall be entitled to a salary set by the city council. The amount of the judge’s salary may not be diminished during the judge’s term of office. The salary may not be based directly or indirectly on fines, fees, or costs collected by the court.
(b) 
The judge must:
(1) 
Be a citizen of the United States;
(2) 
Be a resident of this state;
(3) 
Be a licensed attorney in good standing; and
(4) 
Have two (2) or more years of experience in the practice of law in this state.
(c) 
A person may not serve as a municipal judge if the person is otherwise employed by the municipality. A municipal judge who accepts other employment with the municipality vacates the judicial office.
(d) 
If a vacancy occurs in the office of municipal judge, the city council shall adopt an ordinance appointing a qualified person to fill the office for the remainder of the unexpired term.
(e) 
There shall also be as many as three (3) alternate judges appointed by the city council, subject to the same qualifications, who shall have all the powers and shall discharge all the duties of a municipal judge while serving as municipal judge. Each alternate judge shall be appointed for a term of two (2) years. If the regular municipal judge is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason, he/she shall select one of the alternate judges to serve during his/her absence.
(f) 
The municipal judges may exchange benches and act for each other in any proceeding pending in the court. An act performed by any of the judges is binding an all parties to the proceeding.
(g) 
The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality.
(h) 
A municipal judge is a magistrate and may issue administrative search warrants.
(i) 
A municipal judge may be removed from office by the city council:
(1) 
As provided by section 1-a, article V, Texas Constitution; or
(2) 
For the reasons and by the procedure provided in subchapter B, chapter 21, Local Government Code.
(Ordinance 361 adopted 3/28/18)
The judges of the municipal court of record may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the municipal court of record and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the municipal court of record.
(Ordinance 361 adopted 3/28/18)
The Code of Criminal Procedure and the Texas Rules of Appellate Procedure, as modified by chapter 30, Texas Government Code, govern the trial of cases before the municipal court of record. The court may make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the court that are not inconsistent with law.
(Ordinance 361 adopted 3/28/18)
(a) 
The city administrator of the city shall appoint a clerk of the municipal court of record.
(b) 
The clerk or the clerk’s deputies shall keep the records of the municipal court of record, issue process, and generally perform the duties for the court that a clerk of the county court at law exercising criminal jurisdiction is required by law to perform for that court. In addition, the clerk or the clerk’s deputies 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. The clerk shall perform the duties in accordance with state statutes and city ordinances.
(c) 
The clerk and other court personnel operate under the supervision of the city administrator, pursuant to section 2.03.034 of this code; however, the clerk and other court personnel perform their duties with respect to the direct operation of the court under the direction and control of the presiding judge.
(Ordinance 361 adopted 3/28/18)
(a) 
For the purpose of recording the proceedings and preserving a record in all cases tried before the municipal court of record, a good quality electronic recording device shall be used. When the recording device is used, a court reporter need not be present at the trial to certify the reporter’s record. Proceedings of the court that are appealed shall be transcribed from the recording by an official court reporter. The recording shall be kept and stored for a 20-day period beginning the day after a final order has been entered in the proceeding, upon completion of the trial, or after the denial of motion for a new trial, whichever occurs last.
(b) 
In lieu of a good quality electronic device, and as deemed necessary by the municipal judge, a court reporter appointed by the court clerk under Texas Government Code section 30.00010 shall preserve the record. The court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings of the municipal court of record. The court reporter shall keep the record for a 20-day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, or until any appeal is final, whichever occurs last.
(c) 
Testimony is not required to be recorded in a case unless requested by the judge or one of the parties.
(Ordinance 361 adopted 3/28/18)
(a) 
The city council shall provide courtrooms, jury rooms, offices, office furniture, libraries, law books, and other facilities and supplies that the city council determines necessary for the proper operation of the municipal court of record.
(b) 
The city council shall provide the municipal court of record with a seal that contains the phrase “Municipal Court of The City of West Lake Hills, Texas.” The seal’s use must conform to article 45.012 of the Code of Criminal Procedure.
(Ordinance 361 adopted 3/28/18)
Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45, Code of Criminal Procedure.
(Ordinance 361 adopted 3/28/18)
Prosecution in the municipal court of record shall be conducted as provided by article 45.201, Code of Criminal Procedure. Prosecution may be performed by the city attorney or another lawyer designated as municipal prosecutor/deputy city attorney.
(Ordinance 361 adopted 3/28/18)
(a) 
A person who is brought before the municipal court of record and who is charged with an offense is entitled to be tried by a jury of six (6) persons. Trial by jury, including the summoning of jurors, must substantially conform to chapter 45, Code of Criminal Procedure.
(b) 
The court clerk shall supervise the selection of persons for jury service.
(Ordinance 361 adopted 3/28/18)
(a) 
A defendant has the right of appeal from a judgment or conviction. The state has the right to appeal as provided by article 44.01, Code of Criminal Procedure. The county criminal courts have jurisdiction over appeals from the municipal courts of record. If there is no such court, the county courts at law have jurisdiction of an appeal.
(b) 
The appellate court shall determine each appeal from a municipal court of record conviction and each appeal from the state on the basis of the errors that are set forth in the appellant’s motion for new trial and that are presented in the clerk’s record and reporter’s record prepared from the proceedings leading to the conviction or appeal. An appeal from the municipal court of record may not be by trial de novo.
(c) 
To perfect an appeal, the appellant must file a motion for new trial not later than the 10th day after the date on which the judgment and sentence are rendered. The motion must be in writing and must be filed with the clerk of the municipal court of record. The motion must set forth the points of error of which the appellant complains. The motion or an amended motion may be amended by leave of court at any time before action on the motion is taken, but not later than the 20th day after the date on which the original or amended motion is filed. The court may for good cause extend the time for filing or amending, but the extension may not exceed ninety (90) days from the original filing deadline. If the court does not act on the motion before the expiration of the thirty (30) days allowed for determination of the motion, the original or amended motion is overruled by operation of law.
(d) 
To perfect an appeal, the appellant must also give notice of the appeal. If the appellant requests a hearing on the motion for new trial, the appellant may give the notice of appeal orally in open court on the overruling of the motion. If there is no hearing, the appellant must give a written notice of appeal and must file the notice with the court no later than the 10th day after the date on which the motion is overruled. The court may for good cause extend that time period, but the extension may not exceed ninety (90) days from the original filing deadline.
(e) 
The fee for the preparation of the clerk’s record, which does not include the fee the defendant must pay for an actual transcript of the proceedings, is $25.00. 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 defendant.
(Ordinance 361 adopted 3/28/18)
(a) 
If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the 10th day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond.
(b) 
The appeal bond must be in the amount of $100.00 or double the amount of fines and costs adjudged against the defendant, whichever is greater.
(c) 
The bond must:
(1) 
State that the defendant was convicted in the case and has appealed;
(2) 
Be conditioned on the defendant’s immediate and daily personal appearance in the court to which the appeal is taken; and
(3) 
Be in the form of either a cash bond, or surety bond naming two or more good and sufficient sureties as approved by the clerk of the court.
(Ordinance 361 adopted 3/28/18)
The record on appeal must substantially conform to the provisions relating to the preparation of a transcript in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
(Ordinance 361 adopted 3/28/18)
The clerk’s record must substantially conform to the provisions relating to the preparation of a clerk’s record in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
(Ordinance 361 adopted 3/28/18)
(a) 
A reporter’s record included in the record on appeal must substantially conform to the provisions relating to the preparation of a reporter’s record in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
(b) 
The appellant shall pay for the reporter’s record.
(Ordinance 361 adopted 3/28/18)
Bills of exception must substantially conform to the provisions relating to the preparation of bills of exception in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
(Ordinance 361 adopted 3/28/18)
(a) 
Not later than the 60th day after the date on which the notice of appeal is given or filed, the parties must file the following with the clerk of the municipal court:
(1) 
The reporter’s record;
(2) 
A written description of material to be included in the clerk’s record in addition to the required material; and
(3) 
Any material to be included in the clerk’s record that is not in the custody of the clerk.
(b) 
On completion of the record, the municipal judge shall approve the record in the manner provided for record completion, approval, and notification in the court of appeals.
(c) 
After the court approves the record, the clerk shall promptly forward the record to the appellate court clerk.
(Ordinance 361 adopted 3/28/18)
(a) 
Each party, on filing the party’s brief on appeal with the appellate court clerk, shall deliver a copy of the brief to the municipal judge.
(b) 
The trial court shall decide from the briefs of the parties whether the appellant should be permitted to withdraw the notice of appeal and be granted a new trial by the court. The court may grant a new trial at any time before the record is filed with the appellate court.
(c) 
If the appellate court awards a new trial to the appellant, the case stands as if a new trial had been granted by the municipal court of record.
(Ordinance 361 adopted 3/28/18)
(a) 
Upon receipt of the certificate of appellate proceedings from the appellate court clerk, the clerk of the municipal court of record shall file the certificate with the papers in the case and note the certificate on the case docket.
(b) 
If themunicipal court of record judgment is affirmed, to enforce the judgment the court may:
(1) 
Forfeit the bond of the defendant;
(2) 
Issue a Writ of Capias for the defendant;
(3) 
Issue an execution against the defendant’s property;
(4) 
Order a refund for the defendant’s costs; or
(5) 
Conduct an indigency hearing at the court’s discretion.
(Ordinance 361 adopted 3/28/18)
(a) 
The presiding judge of the municipal court of the city is authorized and directed to impose, levy and collect from any defendant requesting a driving safety course or a motorcycle operator training course an administrative fee, as provided in appendix A to this code. Such a fee shall be imposed only upon defendants charged with misdemeanor traffic offenses who are eligible for and elect to take a driving safety course or a motorcycle operator training course pursuant to V.T.C.A., Transportation Code section 543.111 et seq., as amended, which authorizes such misdemeanor charges to be dismissed upon the subsequent completion of such a course.
(b) 
The administrative fee authorized in this section shall not exceed the actual administrative expenses incurred by the municipal court or the sum of $10.00, whichever is less.
(c) 
If the person requesting a driving safety course or a motorcycle operator training course does not take the course, the person is not entitled to a refund of the fee required by this section.
(Ordinance 361 adopted 3/28/18)
After due notice, a person who is arrested after issuance and service of an arrest warrant for an offense under V.T.C.A., Penal Code section 38.10, or under V.T.C.A., Transportation Code section 543.009, shall be assessed a special expense by the judge of the municipal court as provided in appendix A to this code. Such special expense shall be paid into the city treasury for the use and benefit of the city.
(Ordinance 361 adopted 3/28/18)
After due notice of default of personal bond, a person who is arrested after issuance and service of an arrest warrant for failure to appear under Vernon’s Annotated C.C.P. article 17.04, shall be assessed a special expense by the judge of the municipal court in the amount as provided in appendix A to this code, unless found to be actually less by the judge of the municipal court. Such special expense shall be paid into the city treasury for the use and benefit of the city.
(Ordinance 361 adopted 3/28/18)
(a) 
Established.
There shall hereafter be and be established a special fund to be known as the “municipal court technology fund.”
(b) 
Assessment of fee.
(1) 
Every defendant convicted for a misdemeanor offense in the municipal court of the city shall be required to pay a technology fee as a cost of court.
(2) 
A person is considered “convicted” if:
(A) 
A sentence is imposed on the person;
(B) 
A person receives community supervision, including deferred adjudication community supervision; or
(C) 
A court defers final disposition of the person’s case.
(c) 
Collection of fee; administration.
(1) 
The court clerk shall collect the court costs as established herein and shall pay them to the municipal treasurer, or to any other official who discharges the duties commonly designated to the municipal treasurer, for deposit in a fund to be known as the municipal court technology fund.
(2) 
The municipal court technology fund shall be administered by or under the direction of the city council.
(d) 
Use of funds.
The fund shall be used only to finance the purchases of technological enhancements for the municipal court of the city, as provided for in V.T.C.A., Code of Criminal Procedure, article 102.0172.
(Ordinance 361 adopted 3/28/18)
(a) 
Assessment of fee.
All defendants convicted in trial of a misdemeanor offense in municipal court shall be assessed a security fee as cost of court.
(b) 
Applicability of fee.
A person shall be considered convicted if:
(1) 
A sentence is imposed on the person;
(2) 
The person receives community supervision, including deferred adjudication; or
(3) 
The court defers final disposition of the person’s case.
(c) 
Collection of fee; use of funds.
The clerk of the municipal court shall collect the costs and pay them to the municipal treasurer or other official of the town who discharges the duties delegated to the municipal treasurer for deposit in a fund to be known as the municipal court building security fund. This fund shall be administered under the direction of the city council and may be used only for the purpose of financing the purchase of security devices and/or services for the building or buildings housing the municipal court of the city. “Security devices and/or services” shall include any and all items described in V.T.C.A., Code of Criminal Procedure, article 102.017(d).
(Ordinance 361 adopted 3/28/18)