This article creates the City of Aubrey Municipal Court (“the court”). The heretofore existing corporation court shall now be known as the City of Aubrey Municipal Court. The court shall operate in accordance with this chapter and applicable state law. In the event of a direct conflict between a section, term, or provision in this chapter and a provision of state law, state law shall govern to the extent of such conflict and this chapter shall be deemed to have been amended to the extent necessary to harmonize the conflict.
(Ordinance 501-13, sec. 2, adopted 5/21/13)
(a) 
The court has exclusive original jurisdiction within the city’s corporate limits-and, to the extent permitted by state law, within its extraterritorial jurisdiction-in all criminal cases that:
(1) 
Arise under:
(A) 
The ordinances of the city; or
(B) 
A resolution, rule, or order of a joint board operating an airport under section 22.074, Transportation Code; and
(C) 
Are punishable by a fine not to exceed:
(i) 
$2,000.00 in all cases arising under city ordinances or resolutions, rules or orders of a joint board that govern fire safety, zoning, or public health and sanitation, including dumping of refuse; or
(ii) 
$500.00 in all other cases arising under a city ordinance or a resolution, rule, or order of a joint board.
(b) 
The court shall have concurrent jurisdiction with the justice court of a precinct in which the city is located in all criminal cases arising under state law that arise within the city’s corporate limits-and, to the extent permitted by state law, within its extraterritorial jurisdiction or an area within which the court has been designated to serve a duly formed joint police force-in all criminal cases that are class C misdemeanors and:
(1) 
Are punishable only by a fine, as defined in subsection (c); or
(2) 
Arise under chapter 106, Texas Alcoholic Beverage Code, and do not include confinement as an authorized sanction.
(c) 
In this chapter, an offense that is punishable by “fine only” is defined as an offense that is punishable by fine and other such sanctions and remedies, if any, as authorized by statute not consisting of confinement in jail or imprisonment.
(d) 
The fact that a conviction in a municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the courts.
(e) 
The court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction.
(f) 
The court has all the powers and duties as are now, or as may be, prescribed by state law.
(Ordinance 501-13, sec. 3, adopted 5/21/13)
(a) 
Upon the mayor’s recommendation, the city council may appoint or reject by the affirmative vote of a majority of the full membership of the city council one or more municipal judge(s) of the court as may be necessary.
(b) 
A person appointed must be a competent, duly qualified attorney, licensed and practicing for at least two years in the state. This requirement shall not apply to a city judge currently serving a term at the time of the adoption of the ordinance from which this section derives until the expiration of said term.
(c) 
Notwithstanding subsection (b), above, in the event a duly qualified attorney is not available, the city council may then select the most qualified person to be the municipal judge(s).
(d) 
The municipal judge(s) must be appointed to a term of two years and may be appointed to additional consecutive terms upon completing a term of office.
(e) 
The appointment of the municipal judge(s) may be terminated, without cause, at any time by the affirmative vote of a majority of the full membership of the city council.
(f) 
The municipal judge(s) may receive compensation as determined by the city council.
(g) 
In the event of failure of any municipal judge to perform his or her duties, the mayor may act in the municipal judge’s place and stead (and in the event of a vacancy, until a municipal judge is appointed by the city council to fill the vacancy).
(h) 
If the mayor acts as a municipal judge, the mayor may be compensated at the same salary, if any as the municipal judge for whom the mayor is acting.
(Ordinance 501-13, sec. 4, adopted 5/21/13)
(a) 
The municipal court clerk and any duly appointed deputy clerk(s) of the courts have the power to administer oaths, certify affidavits, make certificates, affix the seal of the courts, and perform all usual and necessary clerical acts in conducting the business of the courts including but not limited to, the keeping of records and accounts of the court.
(b) 
The municipal clerk and any deputy clerk(s) report to the judges regarding court matters only, and are otherwise administratively responsible to the mayor.
(c) 
The municipal clerk and any deputy clerk(s) are at-will employees hired by the mayor.
(Ordinance 501-13, sec. 5, adopted 5/21/13)
The municipal court prosecutor is the city attorney or any deputy city attorney as designated by the city attorney.
(Ordinance 501-13, sec. 6, adopted 5/21/13)
The municipal court bailiff is the city’s chief of police or any city police officer as designated by the chief of police. The chief of police or any city police officer as designated by the chief of police is the warrant officer and must serve all process or papers issued by the court when requested by the judge.
(Ordinance 501-13, sec. 7, adopted 5/21/13)
The city council must by appointment fill a vacancy in the office of municipal judge for the remainder of the unexpired term of the office only.
(Ordinance 501-13, sec. 8, adopted 5/21/13)
(a) 
If a judge is disqualified or recused in a pending case, the case may be transferred to another municipal court within the city, or the judge of another municipal court located in an adjacent municipality may sit in the case.
(b) 
A municipal judge may not sit in a case for another municipal judge under this chapter if either party objects to the judge. An objection under this subsection must be filed before the first hearing or trial, including pretrial hearings, over which the judge is to preside.
(Ordinance 501-13, sec. 9, adopted 5/21/13)
(a) 
The city establishes and shall maintain a technology fund requiring a defendant convicted of a misdemeanor offense to pay a technology fee not to exceed $4.00 as a cost of court.
(b) 
In this section, a person is considered convicted if:
(1) 
A sentence is imposed on the person;
(2) 
The person is placed on community supervision, including deferred adjudication community supervision; or
(3) 
The court defers final disposition of the person’s case.
(c) 
The municipal court clerk shall collect the costs and pay the funds to the municipal treasurer, or to any other official who discharges the duties commonly delegated to the municipal treasurer, for the deposit in a fund to be known as the municipal court technology fund.
(d) 
A fund designated by this section may be used only to finance the purchase of or to maintain technological enhancements for the courts, including:
(1) 
Computer systems;
(2) 
Computer networks;
(3) 
Computer hardware;
(4) 
Computer software;
(5) 
Imaging systems;
(6) 
Electronic kiosks;
(7) 
Electronic ticket writers; and
(8) 
Docket management systems.
(e) 
The municipal court technology fund shall be administered by or under the direction of the city council.
(Ordinance 501-13, sec. 10, adopted 5/21/13)
(a) 
In this section, “fund” means the municipal court building security fund.
(b) 
In this section, “conviction” has the meaning assigned by Texas Code of Criminal Procedure, article 102.017(c).
(c) 
A defendant convicted of a misdemeanor offense in a municipal court must pay a municipal court building security fee of $3.00 as a cost of court.
(d) 
The clerk(s) of the respective courts shall collect the costs and pay them to the city treasurer, or to any other official who discharges the duties delegated to the city treasurer or finance director, for the deposit into the fund.
(e) 
The fund created under this section may be used only to finance security personnel for the municipal courts and to finance items used for providing security services for the buildings holding the municipal court, including:
(1) 
The purchase or repair of x-ray machines and conveying systems;
(2) 
Handheld metal detectors;
(3) 
Walkthrough metal detectors;
(4) 
Identification cards and systems;
(5) 
Electronic locking and surveillance equipment;
(6) 
Video teleconferencing systems;
(7) 
Bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services;
(8) 
Signage;
(9) 
Confiscated weapon inventory and tracking systems;
(10) 
Locks, chains, alarms, or similar security devices;
(11) 
The purchase or repair of bulletproof glass;
(12) 
Continuing education on security issues for court personnel and security personnel; and
(13) 
Warrant officers and related equipment.
(f) 
The fund must be administered under the direction of the city council.
(Ordinance 501-13, sec. 11, adopted 5/21/13)