There is hereby created a court in and for the city which shall be known as the municipal court. This court shall have jurisdiction within the city with power to hear and determine all cases of alleged violations of the ordinances of the city and all other cases over which municipal courts are generally given jurisdiction by state law.
(1984 Code, ch. 6, sec. 1(A))
(a) 
Creation.
There is hereby created the office of municipal judge of the municipal court of the city, which shall have all the powers and authority as granted by state law and the ordinances of this city, and shall perform the duties as required by state law and the ordinances of this city.
(b) 
Appointment; term; vacancies; removal.
(1) 
The city council shall appoint the judge of the municipal court of the city.
(2) 
The municipal judge shall be appointed for a term of two (2) years and such term shall coincide with the term of the current mayor of the city.
(3) 
If the regular municipal judge is temporarily unable to act, the city council may appoint any other qualified person to serve temporarily as the municipal judge.
(4) 
If a vacancy exists in the office of municipal judge, the city council shall by appointment fill the vacancy for the remainder of the unexpired term of office.
(5) 
The mayor of the city ceases to be the ex officio municipal court judge on the date of appointment of the municipal judge.
(6) 
The municipal judge shall serve solely and only at the pleasure of the city council and may be removed at any time by a majority vote of the alderman.
(7) 
The municipal judge shall not be an employee of the city but shall forever be an independent contractor.
(1984 Code, ch. 6, sec. 1(B); Ordinance 2019-5-1, secs. 1, 2, adopted 5/21/19)
The judge of the municipal court, prior to taking office, shall take the oath of office required by the state constitution and state laws.
(1984 Code, ch. 6, sec. 1(C))
(a) 
The position of municipal court clerk is hereby created and shall receive such compensation as may be fixed by the city council.
(b) 
The municipal court clerk shall be appointed to the position by the city council and shall be subject to removal at any time by the city council.
(c) 
The clerk of the municipal court shall keep minutes of the proceedings of the municipal court, issue all process, and generally perform the duties for the municipal court as required by law.
(1984 Code, ch. 6, sec. 1(D); Ordinance 2019-5-1, sec. 3, adopted 5/21/19)
The duly appointed city attorney shall serve as ex-officio prosecutor in the municipal court. The city council shall prescribe the compensation for the prosecutor, which shall be paid out of the city treasury.
(1984 Code, ch. 6, sec. 1(E))
The rules prescribed by state law governing trials in the state justice of peace courts shall govern the procedure and practice of the municipal court, and the city council may prescribe such additional rules of practice and procedures as are not inconsistent with state law.
(1984 Code, ch. 6, sec. 1(F))
(a) 
Acceptance and forfeiture of bail.
The judge of the municipal court is authorized to receive from any person arrested for a violation of any section of the city code or any state law over which the municipal court has jurisdiction, cash bail for the appearance of such person before the municipal court. If such person voluntarily signs a written agreement in which he agrees that, in the event of failure to make an appearance by or upon the date therein named, his bail may be forfeited by the municipal court to the city by an order or judgment of the court entered upon its minutes, without service of notice or citation of any kind upon him, and such person shall, in the same instrument, authorize a plea of “guilty” in the event of his failure to appear on said date, then said cash bail shall be applied to the payment of the fine and the costs which may be assessed against him.
(b) 
Amount of bail.
The judge of the municipal court so accepting any cash bail shall fix the same at any amount not less than five dollars ($5.00), which, in his judgment, shall be deemed to be sufficient to compel the appearance of such person on the date fixed; provided that no cash bail shall be accepted unless voluntarily offered by the person charged.
(c) 
Issuance of receipt for payment.
(1) 
When a cash bail is tendered and accepted, the judge of the municipal court accepting the same shall issue a special cash bail receipt therefor to the person tendering such cash bail, a copy of which is to remain in the cash bail receipt book. When a cash bail is returned to the person who deposited it, a receipt shall be taken therefor.
(2) 
The same procedure shall apply whether or not the person who has deposited money is present or orders such bail to be applied on the payment of any fine and costs assessed against him. When such person fails to make his appearance and a guilty plea is entered for him, the judge shall apply as much of the cash bail as may be necessary for the satisfaction of such fine and cost, and the balance shall be returned to the defendant. In the event such cash bail is forfeited, then the entire sum shall be paid to the proper officer of the city, to be deposited in the general operating fund of the city.
(1984 Code, ch. 6, sec. 1(G))
(a) 
Pursuant to article 102.017 of the Code of Criminal Procedure, a municipal court security fund (the "fund") is hereby created.
(b) 
Assessment and collection of fee; authorized uses; administration.
(1) 
The municipal court clerk for the city shall collect a security fee from each and every defendant convicted of a misdemeanor offense in the city's municipal court. A fee shall be collected for each and every separate and distinct offense for which a defendant is convicted; article 102.017 of the Code of Criminal Procedure states that a person is considered convicted if:
(A) 
A sentence is imposed on the person;
(B) 
The person is placed on community supervision, including deferred adjudication community supervision; or
(C) 
The court defers final disposition of the judgment and sentence.
(2) 
The municipal court clerk of the city and/or their designee 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 deposit in to a fund to be known as the municipal court security fund.
(3) 
The municipal court security fund may be used only to finance the purchase of items used for the purpose of providing security personnel, services and items related to the building that houses the operations of the municipal court as specified in V.T.C.A., Code of Criminal Procedure, article 102.017.
(4) 
The municipal court security fund shall be administered by or under the direction of the city council.
(5) 
The municipal court clerk is hereby authorized and required to collect the fee and to pay same to the treasury of the city. All fees so collected and paid over to the treasury of the city shall be segregated in the fund.
(Ordinance 2020-3-3 adopted 3/24/20)
(a) 
Pursuant to article 102.017 of the Code of Criminal Procedure, a municipal court technology fund (the "fund") is hereby created. The fund may be maintained in an interest bearing account and may be maintained in the general revenue account.
(b) 
Assessment and collection of fee; authorized uses; administration:
(1) 
The fee shall be assessed and collected from a defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. A defendant is considered convicted if:
(A) 
A sentence is imposed on the person;
(B) 
The person is placed on community supervision, including deferred adjudication community supervision; or
(C) 
The court defers final disposition of the judgment and sentence.
(2) 
The fee shall be collected on convictions for offenses committed on or after this section is adopted.
(3) 
The municipal court clerk is hereby authorized and required to collect the fee and to pay to the treasury of the city. All fees so collected and paid over to the treasury of the city shall be segregated in the fund.
(c) 
The fund shall be used only for the purpose of financing or the purchase of, or to maintain technological enhancements for the municipal court of the city. "Technological enhancements" shall include any and all items described in article 102.0172(d) of the Code of Criminal Procedure.
(d) 
The fund shall be administered by or under the direction of the city council.
(Ordinance 2020-3-3 adopted 3/24/20)