The fines imposed in the municipal court may be the same as are prescribed for like offenses by the penal statutes of the state, but shall never be greater. Where any offense is covered solely and alone by ordinances of the city, such ordinance shall control. The municipal court clerk shall collect and report all court costs as required.
(1995 Code, sec. 24.003)
The municipal court judge shall hold a hearing to determine the economic capabilities of any defendant filing a written motion seeking a finding of the court that the defendant is per se indigent and each alternative method of discharging the fine or costs of court under CCP section 43.09 would impose an undue hardship on the defendant. Defendants failing to file a written motion shall not be excused from any portion of a fine, fee or cost of court. Upon review of the written motion, the municipal court judge shall not excuse or reduce any fine, fee or court costs except on a written finding that the defendant is on state or federal relief, including food stamps, Medicaid or SSI, unemployed with no other means of paying such fees, or homeless. Defendants failing to meet such criteria shall not be considered indigent. The municipal court judge shall review the motion of the defendant, including any another evidence deemed necessary, and on a finding that defendant is indigent as a matter of law and that the alternative methods of discharge would work an undue hardship on the defendant the municipal court judge may waive payment of any fines or costs for which the defendant has defaulted.
(1995 Code, sec. 24.005)
(a) 
Generally.
As provided in the ordinances of the city and state statutes, the municipal court judge shall assess fines and court costs against each defendant entering a plea of guilty or no contest or based on the verdict of the court or jury finding a defendant guilty. Defendants having not timely appealed the judgment of the court and who fail to timely pay fines, fees, costs or restitution as ordered shall be subject to permitted post-judgment collection procedures.
(b) 
Capias pro fine.
The municipal court judge may order a capias pro fine be issued for any defendant failing to satisfy a judgment of the court according to the terms of the judgment. The municipal court clerk shall ensure that each capias states the amount of the judgment and sentence and commands a peace officer to bring the defendant before the court or place the defendant in jail until the defendant can be brought before the court.
(c) 
Commitment to jail.
Defendants failing to satisfy any judgment may be committed as provided in the Code of Criminal Procedure to satisfy the judgment. Any defendant committed to jail serving less than 8 consecutive hours in jail shall not be given credit for time served. A defendant serving more than 24 consecutive hours shall be given a $100.00 credit for each full consecutive 24 hours served as credit. Defendants committing offenses prior to September 1, 2001, shall receive $100.00 credit for parts of days served.
(d) 
Private collection contracts.
At all times that the city council has authorized a private collection contract with a private attorney or a public or private vendor for collection services relating to fines, fees, restitution or other debts or costs, other than forfeited bonds, the municipal court is authorized to collect an additional 30% on each such debt or account receivable that is more than 60 days past due and has been collected as a result of the action of a duly authorized contractor. The municipal court clerk shall report the 30% as payable to the contractor. Should the contractor collect less than the full sum due from the defendant, the municipal court clerk shall ensure that the payment is distributed first in an amount sufficient to fully compensate the contractor and then in equal shares to the comptroller and the city until the comptroller is paid in full.
(e) 
Civil assessment against property.
The municipal court judge may review judgments in which the defendant has defaulted in payment, either in whole or part, after sentencing, and may order the fine and costs be collected by execution against the defaulting defendant’s property in the same manner as a judgment in a civil suit.
(1995 Code, sec. 24.006)
(a) 
The municipal court clerk shall collect each and every court cost statutorily mandated to be collected for the state. The municipal court clerk shall keep a record of each court cost collected for the benefit of the state and report the collection to the city treasurer, including forwarding the monies to be deposited with the city treasurer as required by internal policy.
(b) 
The city treasurer may deposit the money in an interest-bearing account. The city treasurer shall keep records of the money collected and on deposit in the treasury and shall remit the court costs collected for the benefit of the state to the comptroller of public accounts not later than the last day of the month following the calendar quarter in which the court costs were collected.
(c) 
The municipal court clerk shall forward a completed quarterly report form to be reviewed and confirmed by the city treasurer.
(d) 
The city treasurer shall ensure the accuracy of the report and for all fees collected for the CCC fund (consolidated court cost fund) to be forwarded to the state. The city treasurer shall retain 10% as a service fee and deposit the retained sums to the general fund to offset administrative expenses, save and except the 10% shall not be retained on sums not timely forwarded to the comptroller of public accounts.
(1995 Code, sec. 24.003(A))
(a) 
If any person fails to appear before the court, either in compliance with a personal bond or as directed by notice from the municipal court clerk’s office, the court may issue a warrant for his or her arrest and shall charge the person a warrant of arrest fee, as set by the city council. Once the city receives fees under this section, the city shall deposit such fees in the general fund and shall not refund the fees except in cases where the defendant pleas and demonstrates within thirty (30) days of payment of such fee that the court failed to give the person proper notice.
(b) 
The municipal court clerk shall collect a warrant fee of $50.00 from any defendant upon whom a peace officer executed a warrant issued by the municipal court at the time of conviction. For arrests made by a state trooper, the municipal court clerk shall report $10.00 as payable to the comptroller. Law enforcement agencies other than state troopers and city police officers executing a warrant must submit a request for payment within 15 days of the conviction in order to be paid the warrant fee. If demand is not made within 15 days or a city police officer executed the warrant, the municipal court clerk shall report the warrant fees collected as payable to the city police department. The city shall refund the fees in cases where the defendant pleas and demonstrates within thirty (30) days of payment of such fee that the court failed to give the person proper notice.
(1995 Code, sec. 24.003(B))
(a) 
Assessment.
The municipal court clerk shall collect a special expense of $25.00 for the issuance and service or a warrant of arrest from each defendant served with a warrant for failure to appear or violation of a promise to appear. The municipal court clerk shall report each special expense collected to the city treasurer for deposit into the general funds of the city.
(b) 
Contract with state department of public safety.
At all times that the city has a contract with the state department of public safety to deny renewal of licenses for individuals failing to appear at court as directed, the municipal court clerk shall collect an additional $30.00 administrative fee at the time of the following:
(1) 
The court enters judgment on the offense for which the failure to appear was submitted;
(2) 
The case is dismissed; or
(3) 
Bond or other security is posted to reinstate the charge for which the warrant was issued. Distribution of the funds shall be as provided by agreement with the state department of public safety.
The municipal court clerk shall maintain a copy of the agreement and report each failure to appear fee collected as well as the distribution of the fee to the city treasurer. Should a defendant fail to pay the $30.00 administrative fee as required, the municipal court clerk shall report such failure to the state department of public safety and request the department deny renewal of the defendant’s license.
(1995 Code, sec. 24.003(C))
(a) 
Each defendant being permitted to make payments on any part of a fine, court cost or restitution on or after the 31st day after the date on which a judgment is entered, including deferred adjudication and deferred disposition, shall pay a $25.00 time payment fee on or before the 31st day after the judgment is entered.
(b) 
The municipal court clerk shall keep separate records of the time payment fees collected. Each month, 50% of the time payment fees collected shall be forwarded to the comptroller, 40% shall be deposited in the general revenue account of the city, and 10% shall be deposited in the general fund of the city to be allocated to improving the efficiency of the administration of justice in the city.
(c) 
No defendant shall be permitted more than 180 days to pay fines, fees, costs, restitution or any other fees ordered to be paid in the judgment of the court.
(1995 Code, sec. 24.003(D))
The municipal court clerk shall collect a $5.00 arrest fee with each conviction. The arrest fee shall be reported quarterly to the comptroller of public accounts. For each citation submitted to the municipal court by a state trooper for which a conviction occurs, the municipal court clerk shall report $1.00 of the arrest fee as payable to the comptroller, with the remaining $4.00 being reported as distributable to the city police department. For any law enforcement agency other than the state trooper or a city police officer submitting a citation to the municipal court for which a conviction occurs, the municipal court shall hold the $5.00 arrest fee for fifteen working days. Should the law enforcement agency fail to claim the arrest fee in fifteen working days after the conviction, the municipal court clerk shall report the arrest fee as payable to the city police department. For each citation that the city police department issues a citation and a conviction occurs, the full arrest fee shall be reported as payable to the city police department.
(1995 Code, sec. 24.003(E))
For any trial at which a peace officer is required to testify while off duty, the municipal court clerk shall calculate the officer’s overtime for time spent testifying at trial and time spent traveling to or from home if the officer was not at work that day or scheduled to be at work and add such costs as court costs to be paid by the defendant.
(1995 Code, sec. 24.003(G))
The municipal court clerk shall collect a $3.00 fee from each defendant requesting a jury and being convicted thereby or requesting a postponement or accepting a conviction less than 24 hours before the time of trial.
(1995 Code, sec. 24.003(H))
The municipal court clerk shall collect an additional $3.00 fee as court costs for each defendant convicted of violating the rules of the road. The municipal court clerk shall deposit the fee collected with the city treasurer. Fines and fees collected for violations of the rules of the road shall be deposited to the general fund of the city and utilized to construct and maintain roads, bridges and culverts in the city and to enhance the enforcement of laws regulating the use of highways.
(1995 Code, sec. 24.003(I))
(a) 
Vehicle inspection certificate.
On the finding of the municipal court judge, having been presented credible evidence, that a defendant remedied the failure to have a valid vehicle inspection certificate within 10 working days of the issuance of a citation for an expired inspection certificate which has not been expired more than 60 days, the municipal court clerk shall collect a $10.00 administrative fee from the defendant at the time of dismissal. Inspection certificates expired more than 60 days on the date of the citation shall not be dismissible on proof of correction.
(b) 
Vehicle registration.
On the finding of the municipal court judge, having been presented credible evidence, that a defendant remedied the failure to register the motor vehicle alleged in the offense not more than 10 working days from the date of the offense and within the discretion of the judge the court grants the request to dismiss, the municipal court clerk shall collect a $10.00 administrative fee from the defendant at the time of dismissal. Vehicle registration corrected more than 10 working days after the date of the citation shall not be dismissible on proof of correction.
(c) 
Driver’s license.
On the finding of the municipal court judge, having been presented credible evidence, that a defendant remedied the expired driver’s license within 10 working days and within the discretion of the judge the court grants the request to dismiss, the municipal court clerk shall collect a $10.00 administrative fee from the defendant at the time of dismissal.
(d) 
Deferred disposition.
Defendants pleading no contest or guilty and requesting defensive driving on or before the date mandated for the first appearance date for an offense involving operation of a motor vehicle, other than a commercial vehicle or speeding more than 25 miles per hour over the posted speed, who has a valid Texas driver’s license or permit and adequate financial responsibility, and provides a sufficient affidavit and records from the state department of public safety demonstrating that the individual has not had defensive driving in the preceding 12 months from the date of the offense, upon granting of such request, the municipal court clerk shall collect, in addition to the other court costs, an administrative fee of $10.00 to be distributed to the city treasurer for deposit in the general fund of the city.
(1995 Code, sec. 24.003(J))
In accordance with article 103.0031, Texas Code of Criminal Procedure, there shall be imposed on debts and accounts receivable including, unpaid court fines, fees, court costs, forfeited bonds, and restitution and other amounts in accordance with article 103.0031, Texas Code of Criminal Procedure that are more than sixty days past due and have been referred to an attorney a collection fee of thirty percent of each said amount.
(Ordinance 2012-O-437 adopted 10/25/12)
In addition to the court costs mandated to be collected under state statute for the state and remitted to the comptroller as court costs and as set out in division 1 of this article, the following court costs shall be collected for each conviction as provided herein.
(1995 Code, sec. 24.004)
(a) 
School crossing fee.
Each defendant convicted of violating any provisions of the rules of the road, Transportation Code subtitle C, title 7, within a school crossing zone, or convicted for passing a school bus in violation of Transportation Code section 545.066, shall pay an additional $25.00 taxable as court costs.
(b) 
Failure to attend school fee.
Each defendant convicted of violating Education Code section 25.094 (Thwarting Compulsory Attendance) [Education Code section 25.093 (Parent Contributing to Nonattendance)], or section 25.094 (Failure to Attend School) shall pay an additional $20.00 taxable as court costs.
(c) 
Collection and deposit.
(1) 
The municipal court clerk shall collect such court costs, including the school crossing fee and failure to attend school fee, and pay such court costs to the city treasurer for all offenses governed by this subsection. For all fines collected pursuant to section 25.093 (Thwarting Compulsory Attendance [Parent Contributing to Nonattendance]), the municipal court clerk shall report 50% of the fine to be deposited to the credit of the operating fund of the school district in which the child attends or to the juvenile justice alternative education program, if the child has been ordered to attend such a program. The remaining 50% of the fine collected under section 25.093 shall be reported as payable to the general fund of the city.
(2) 
The city treasurer shall deposit the $25.00 school crossing fee and the $20.00 failure to attend school fee portion of such court costs into the child safety fund. The city treasurer shall quarterly forward 50% of the fine collected under section 25.093 payable to the school district which the convicted children attend or, if the children were sentenced to a juvenile justice alternative education program, the city treasurer shall forward the 50% to the program. The remaining 50% shall be deposited to the general fund of the city.
(d) 
Creation of fund.
There is hereby created a child safety fund (the “CS fund”) which shall be maintained and reported as a separate fund of the city. The CS fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.
(e) 
Designated use of fund; administration.
All school crossing fees and failure to attend school fees collected shall be deposited in the CS fund, which shall be administered by the city council. No expenditures or withdrawals shall be made from the fund except to finance eligible items listed in section 102.014(g), Code of Criminal Procedure, and as authorized by a majority vote of the city council. On the finding of the city council that an expenditure is authorized, CS funds may be removed from the fund solely to be used to improve child safety, including:
(1) 
School crossing guard program; if one is established all money must first fund this program;
(2) 
Programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention.
(1995 Code, sec. 24.004(A))
(a) 
Collection of fee.
The municipal court clerk shall collect such court costs, including the security fee, and pay such court costs to the city treasurer.
(b) 
Deposit of fee.
The city treasurer shall deposit the $3.00 security fee portion of such court costs into the municipal court building security fund.
(c) 
Creation of fund.
There is hereby created a municipal court building security fund (the security fund), which shall be maintained and reported as a separate fund of the city.
(d) 
Designated uses; administration.
All security fees collected shall be deposited in the fund, which shall be administered by the city council. No expenditures or withdrawals shall be made from the fund except to finance eligible items listed in section 102.017(d), Code of Criminal Procedure, and as authorized by a majority vote of the city council. On the finding of the city council that an expenditure is authorized, security funds may be removed from the fund solely to be used to finance items to be used for the purpose providing security services for the municipal court of the city.
(1995 Code, sec. 24.004(B); Ordinance adopting Code)
(a) 
Creation of fund.
There is hereby created a municipal [court] technology fund (the “technology fund”), which shall be maintained and reported as a separate fund of the city. The fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.
(b) 
Designated uses; administration.
All technology fees collected shall be deposited in the fund, which shall be administered by the city council. No expenditures or withdrawals shall be made from the fund except to finance eligible items listed in section 102.0172(d), Code of Criminal Procedure, and as authorized by a majority vote of the city council. On the finding of the city council that an expenditure is authorized, technology funds may be removed from the fund solely to be used to finance the purchase of technological enhancements for the municipal court of the city.
(1995 Code, sec. 24.004(C); Ordinance adopting Code)
The municipal court clerk shall report each fine collected for violations of the requirements to wear a seat belt contrary to section 545.412, Transportation Code, committed after September 1, 2001. The report shall designate 50% of each fine as funds to be remitted to the comptroller annually. The city treasurer shall maintain the seat belt funds in a separate interest-bearing account and annually remit 50% of all fines collected from defendants for violations of the requirement to wear a seat belt.
(1995 Code, sec. 24.004(D))