(a) 
There is hereby created a municipal court of record to be known as the municipal court of record of the town. Any reference hereinafter to the “court” or “municipal court” shall be understood to mean the municipal court of record of the town. The court shall possess all such powers and duties as now or hereafter may be prescribed by the laws of the state or Town of Shady Shores Code of Ordinances relative to municipal courts.
(b) 
There shall be such regularly scheduled sessions of the court as, in the discretion of the judge, may be necessary for the timely transaction of the business of the court.
(c) 
The court shall commence operating as a court of record on August 1, 2018. Cases disposed of before that date shall be governed by the existing court rules and procedures. A case shall be deemed “disposed of” if a judge has entered a finding of guilty or the defendant has entered a plea of guilty or nolo contendere.
(d) 
All cases filed in the court prior to, but not disposed of by August 1, 2018, shall be tried in the court of record.
(Ordinance 15, art. 1, adopted 4/11/67; Ordinance adopting Code; Ordinance 320-07-2018 adopted 7/9/18)
(a) 
The court has jurisdiction over criminal cases arising under ordinances authorized by sections 215.072, 217.042, 341.903, and 551.002, Local Government Code.
(b) 
The court shall have jurisdiction for all appeals as provided by state law or by ordinance.
(c) 
The court has concurrent jurisdiction with any justice court in criminal cases that arise within the territorial limits of the town and are punishable by fine only.
(d) 
The court has civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Local Government Code, or subchapter E, chapter 683, Transportation Code, as the same may be amended.
(e) 
The court has concurrent jurisdiction with a district court or a county court at law for the purpose of enforcing health and safety and nuisance abatement ordinances within the town’s territorial limits and property owned by the town located in the town’s extraterritorial jurisdiction under subchapter B, chapter 54, Local Government Code.
(f) 
The court 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.
(g) 
The court has concurrent jurisdiction with a district court and a justice court over expunction proceedings relating to the arrest of a person for an offense punishable by fine only.
(Ordinance 15, art. 2, adopted 4/11/67; Ordinance adopting Code; Ordinance 320-07-2018 adopted 7/9/18)
(a) 
Judge.
The presiding officer of the municipal court of the town shall be known as the judge (and he may also be officially referred to as town judge, or judge of the municipal court), and he shall have all of the powers, duties, authorities, and qualifications prescribed by law and by this chapter. Each municipal court judge shall be a resident of this state, a citizen of the United States, licensed attorney in good standing in this state and must have two or more years of experience as a judge, prosecutor and/or defense counsel in municipal court operations in the state. In addition, the presiding judge must meet any other qualifications set by the town council. The municipal court judge shall serve a term set by ordinance of two (2) or four (4) years.
(b) 
Method of selection.
(1) 
All municipal court judges shall be appointed by ordinance by the town council. The town council shall appoint the chief municipal judge as the presiding judge. Additional judges may be appointed by the town council and shall be designated senior associate judges and/or associate judges. If a vacancy occurs, the town council shall provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term. Such appointee shall have all the powers and duties of the office and shall receive compensation as determined by town council.
(2) 
Associate judges whose duties only include magistrate functions shall be independent contractors and not employees. Magistrate functions include, but are not limited to, conducting detention hearings, advising persons in custody of their rights and setting bail amounts and conditions, issuing orders for emergency protection, issuing search and arrest warrants, and ordering persons to be taken into protective custody for commitment to health facilities for mental evaluation. Magistrate duties shall not include presiding over trials or pre-trial municipal court dockets.
(3) 
The presiding judge, or in his/her absence, a senior associate judge, shall assign duties to substitute associate judges, as needed.
(4) 
The town council shall determine the compensation and benefits of the senior and associate judges in the approved annual budget for the department.
(5) 
A person may not serve as a municipal judge if the person is employed by the same municipality. A municipal judge who accepts employment with the municipality vacates the judicial office.
(c) 
Sessions of court.
The judge shall set the hours and day for the sessions of the court, and notice of said setting shall be posted in the office of the clerk of the municipal court.
(d) 
Complaints.
All prosecutions for violations of provisions of ordinances of the town shall be commenced in the municipal court by complaint, setting forth specifically and within reasonable certainty the particular act or omission with which the defendant is charged. Such complaint shall be signed and sworn to by the person making the complaint.
(e) 
Warrant of arrest; arrest without warrant.
When any complaint shall be filed as is provided for in this chapter, the judge shall issue a warrant of arrest, which shall be executed by the chief of police or any policeman of the town in a like manner as similar process in justice court may be executed by the sheriff; provided that nothing herein shall be so construed as to prevent the chief of police or any policeman of the town from making arrests without warrant for violation of any ordinance of the town (or other law within the jurisdiction of said court) when committed in his presence or view, or in any contingencies in which a sheriff or other officer of the state would, by the laws of the state, be permitted to make such arrest.
(f) 
Trial by jury.
In all cases of a misdemeanor, the party charged before the municipal court shall be entitled to a trial by jury, in the same manner and form as provided by law before a justice of the peace. When an application is made for a jury in the trial of a case, the judge shall direct the chief of police or any policeman of the town to summon six (6) disinterested persons who are qualified voters in the town, to act as jurors, to serve. Any person so summoned who shall fail or refuse to act without good cause shown may be fined by the court in any sum not exceeding twenty dollars ($20.00) for the use of the town.
(g) 
Applicability of state law.
The judge shall, in all matters pertaining to the administration of justice, concerning which there are no special provisions, be governed by the laws of the state regulating proceedings in justice courts, so far as the same may be applicable.
(h) 
Power to punish for contempt of court, take recognizances, etc.
The judge shall have power to punish all persons guilty of contempt of court to the same extent and under the same circumstances as the county court; except as may be otherwise herein specially set forth and provided, he shall have the power to take recognizances, admit to bail and forfeit recognizances and bail bonds, under the rules and regulations as now govern the taking and forfeiting of the same as in the county court.
(i) 
Power to administer oaths and affirmations.
The judge shall have the power and authority to administer official oaths, and all oaths and affirmations, and to swear witnesses and jurors in trial before him.
(j) 
Proceedings generally; form of prosecutions.
Except as may be otherwise herein specially provided, the proceedings before the municipal court shall be governed by the same rules which are prescribed by the justice of the peace, under the laws of this state, insofar as they are applicable. All prosecutions in the municipal court, whether under an ordinance or under the Penal Code of the state, shall be commenced “in the name of the State of Texas,” and shall conclude “against the peace and dignity of the State”; and, where the offense is covered by ordinance, the complaint may also conclude “as contrary to such Ordinance.”
(k) 
Execution of warrants.
Warrants or other processes issued by the judge shall be directed to the chief of police or any policeman of the town, but in case of the absence or inability of such officers, such process shall be directed to any peace officer within the town or county, and shall be executed by such officer.
(l) 
Attendance of witnesses; refusal to testify.
The judge shall have power to issue any process necessary to require the attendance of any person as a witness in any case pending before the municipal court. Persons failing or refusing to obey any such process may be fined in any sum not exceeding twenty dollars ($20.00) and shall forthwith be attached. If such witness appears in the municipal court and fails or refuses to testify, be shall be guilty of contempt of court, and may be fined in any sum not to exceed two hundred dollars ($200.00) and, in addition thereto, may be imprisoned, or otherwise punished, as provided by law.
(m) 
Code of Criminal Procedure to be followed.
Except as may be expressly herein otherwise provided, the provisions of the Code of Criminal Procedure of the state now in force regulating the attendance of witnesses in criminal cases tried before a justice of the peace shall (so far as practicable) govern and be applicable to the trial of cases before the municipal court.
(Ordinance 15, art. 3, adopted 4/11/67; Ordinance adopting Code; Ordinance 320-07-2018 adopted 7/9/18)
(a) 
Municipal clerk.
(1) 
The office of municipal clerk is hereby ratified and approved.
(2) 
The municipal clerk shall be appointed by the town council. The municipal clerk also holds the position of court administrator.
(b) 
Court reporter.
Instead of providing a court reporter, the governing body may provide that the proceedings may be recorded by a good quality electronic recording device. If the governing body authorizes the electronic recording, the court reporter is not required to be present to certify the reporter’s record. The recording 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. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.
(Ordinance 320-07-2018 adopted 7/9/18)
(a) 
Jury.
The presiding judge shall supervise the selection of persons for jury service.
(b) 
Rules governing proceedings.
All proceedings in the court shall be governed by the laws of the state. In those areas not specifically covered by state law or by ordinance, the presiding judge may establish such court rules as are necessary to establish reasonable and consistent procedures for the operation of the court.
(Ordinance 320-07-2018 adopted 7/9/18)
(a) 
Clerk’s record.
The fee for preparation of the clerk’s record is set at fifty dollars ($50.00) and the defendant shall pay the fifty dollar ($50.00) fee for the preparation of the clerk’s record. If the case is reversed upon appeal, the fee shall be refunded to the defendant. The preparation fee does not include the fee for an actual transcription of the proceedings. Except where indigence of appellant is established pursuant to the laws of this state, the appellant shall pay the fees for an actual transcription of the proceeding and for the appellate record, in addition to the fee for the clerk’s record.
(b) 
Convictions.
For purposes of this article, a person is considered convicted if a sentence is imposed on the person, the person receives deferred disposition under chapter 45, Texas Code of Criminal Procedure, or the court defers final disposition of the person’s case.
(c) 
Credit card use authorized.
(1) 
The municipal court clerk and any other municipal officer collecting fees, fines, court costs and other charges for the municipal court for the town are hereby authorized to accept payment by credit card of any fee, fine, court cost, or other charge and to collect a fee for processing the payment by credit card.
(2) 
The processing fee will be in an amount equal to five (5) percent of the amount of the fee, fine, court cost and other charges being paid. The municipal officer collecting the processing fee shall deposit the fee in the general fund of the town.
(3) 
If payment by credit card is not honored for any reason by the credit card company by which the funds are drawn, a service charge from the person owing the fee, fine, court cost or other charge will be imposed. The service charge is in addition to the original fee, fine, court cost or other charge and is for the collection of the original amount. The amount of the service charge shall be in the same amount as the fee charged by the town for the collection of a check drawn on an account with insufficient funds. The municipal officer collecting a service charge shall deposit a service charge in the general fund of the town.
(Ordinance 320-07-2018 adopted 7/9/18)
All provisions of this chapter are to be read and interpreted as in conformance with current state laws applicable to municipal courts of Type A general-law cities in Texas. Accordingly, all provisions as to maximum fines, setting of fines, bond, and other provisions shall be regulated by this section. The maximum fines of all town ordinances are hereby modified to be in conformity with state law, now and as it may hereafter be amended. Therefore, whenever the municipal ordinance prescribes an act as prohibited or made or declared to be unlawful, or an offense or misdemeanor, or whenever in such code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such ordinance shall be punished by a fine not to exceed the sum of $500.00. Provided, however, a fine may not exceed $2,000.00 for a violation of provisions in ordinances that govern fire safety, zoning, or public health and sanitation, including the dumping of refuse.
(Ordinance 15, art. 11, adopted 4/11/67; Ordinance 229-01-11, sec. 1(C), adopted 1/–/11; Ordinance 320-07-2018 adopted 7/9/18)
(a) 
Established.
There is hereby created and established a municipal court building security fund (the “fund”) pursuant to article 102.017 of the Code of Criminal Procedure.
(b) 
Amount of fee.
The municipal court of the town is hereby authorized and required to assess a municipal court building security fee (the “fee”) in the amount of $3.00 against all defendants convicted of a misdemeanor offense by the municipal court. Each misdemeanor conviction shall be subject to a separate assessment of the fee.
(c) 
Applicability.
A person is considered to have been convicted in a case if:
(1) 
Judgment, sentence or both are imposed on the person:
(2) 
The person receives deferred disposition; or
(3) 
The court defers final disposition or imposition of the judgment and sentence.
(d) 
Collection.
The municipal court clerk is hereby authorized and required to collect the fee and to pay same to the treasurer of the town. All fees so collected and paid over to the treasury of the town shall be segregated in the fund.
(e) 
Designated use.
The fund shall 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 town. Security devices and/or services shall include any and all items described in article 102.017(d) of the Code of Criminal Procedure.
(f) 
Administration.
The fund shall be administered by or under the direction of the town council.
(Ordinance 201-12-2007 adopted 12/3/07)
(a) 
Establishment.
(1) 
There is hereby created and established a municipal court technology fund, herein known as the “fund,” pursuant to article 102.0172 of the Code of Criminal Procedure.
(2) 
The fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.
(b) 
Amount of fee; assessment and collection.
(1) 
The fee shall be in the amount of $4.00.
(2) 
The fee shall be assessed and collected from the defendant upon conviction for an misdemeanor offense in the municipal court as a cost of court. A defendant is considered convicted if:
(A) 
Judgment, sentence, or both are imposed on the person;
(B) 
The person is placed on deferred disposition; or
(C) 
The court defers final disposition or imposition of the judgment and sentence.
(3) 
The fee shall be collected on conviction for an offense committed on or after September 1, 1999 or for convictions on offenses committed on or after this section is adopted.
(4) 
The clerk of the court shall collect the fee and pay the fee to the municipal treasurer of the town, who shall deposit the fee into the municipal court technology fund.
(c) 
Designated use of fund; administration.
(1) 
The fund shall be used for the purpose of financing the purchase of or to maintain technology enhancements for the municipal court of the town. “Technology enhancements” shall include any and all items described in article 102.0172 of the Code of Criminal Procedure.
(2) 
The fund shall be administered by or under the direction of the town council.
(Ordinance 200-12-2007 adopted 12/3/07)
(a) 
A juvenile case manager fund is hereby authorized and shall be administered by the treasurer of the town. The juvenile case manager fund shall be used in accordance with the provisions of article 102.0174, Code of Criminal Procedure, and the laws of this state, as the same may be amended.
(b) 
Any defendant convicted in the municipal court of the town of a misdemeanor offense shall pay a juvenile case manager fee in the maximum amount authorized by law as a cost of court.
(c) 
The judges of the municipal court are authorized to waive the juvenile case manager fee in a case of financial hardship.
(d) 
Municipal court shall implement rules as adopted by the town council for juvenile case managers pursuant to art. 45.056, Code of Criminal Procedure, as the same may be amended.
(Ordinance 320-07-2018 adopted 7/9/18)