There is hereby established a municipal court of record to be known as the municipal court of the city, which shall be comprised of its present municipal court. Any reference hereafter to the court or municipal court shall be understood to mean the municipal court of the city. The court shall be deemed always open for the trial of causes.
(Ordinance 45-01-07-24, sec. 1, adopted 7/24/01)
Jurisdiction of the court shall be as granted by ordinances of the city enacted pursuant to the provisions of sections 215.072, 217.042, 341.903 and 401.002, Local Government Code. Additionally, the court shall have jurisdiction granted by any laws of this state that may now exist or may hereafter be passed by the legislature of this state, regulating or increasing the jurisdiction of the municipal courts in cities the size and grade of the city. Such jurisdiction shall include, but not be limited to, exclusive original jurisdiction in all criminal cases occurring within the territorial limits of the city that arise under the ordinances of the city which are punishable by fine only not to exceed two thousand dollars ($2,000.00) in all cases arising under municipal ordinances that govern fire safety, zoning or public health and sanitation, including dumping of refuse, or five hundred dollars ($500.00) in all other cases, and shall further include jurisdiction over cases arising in the extraterritorial jurisdiction of the city as provided by law. Such jurisdiction shall further include criminal cases arising under state law that occur within the territorial limits of the city and which are punishable by fine only. An offense which is punishable by “fine only” is defined as an offense that is punishable by fine and such sanctions as authorized by statute not consisting of confinement in jail or imprisonment that are rehabilitative or remedial in nature. 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. The court has jurisdiction in appeals taken from a dangerous animal determination made by the animal control supervisor.
(Ordinance 45-01-07-24, sec. 2, adopted 7/24/01)
(a) 
The court shall be presided over by the judge of the municipal court. He shall be appointed by the city council for a term of two years and must be a licensed attorney in good standing in this state and must have at least two years of experience in the practice of law in this state. The judge must be a citizen of the United States and of this state and shall devote as much time to the office as it requires. The judge is entitled to compensation from the city, the amount of which is to be determined by the city council and may not be diminished during the judge’s term of office. The judge’s compensation may not be based directly or indirectly on fines, fees, or costs collected by the court.
(b) 
The judge shall take judicial notice of the city ordinances and the corporate limits of the city in a case tried before the municipal court. The municipal judge may grant writs of mandamus, injunction, and attachment and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court.
(c) 
The city council shall appoint a qualified person to fill the office of municipal judge whenever the occasion arises.
(d) 
The judge of the municipal court of record is a magistrate and may issue administrative search warrants. He shall be further authorized to exchange his bench and act for another municipal judge of the city should another be appointed in the future. An act performed by any of the judges is binding on all parties to the proceeding. A person may not serve as judge of the municipal court if he is employed by the city. Should the judge of the city municipal court of record accept employment with the city, he shall automatically vacate his judicial office.
(e) 
The city council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death, or continuing legal or judicial education programs or for any other reason. The presiding judge of the municipal court, if there is no chief judge, shall select one of the persons appointed by the city council to serve during an absence. An alternate judge, while serving, has all the powers and shall discharge all the duties of a municipal judge. An alternate judge must have the same qualifications as a municipal judge. If the judge of a municipal court is disqualified or recused in a pending case, the judge of another municipal court located in an adjacent municipality may sit in the case. A municipal court judge may not sit in a case for another municipal court judge under this section if either party objects to the judge. An objection must be filed before the first hearing or trial, including pretrial hearings, over which the judge is to preside. If a vacancy occurs in the office of municipal judge of the city court of record, the city council shall, by ordinance, provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term.
(f) 
The municipal judge of the city municipal court of record may be removed from office by the city council at any time for the following grounds, namely: incompetency, official misconduct, intentional violation of a municipal ordinance or habitual drunkenness. Such procedures for removal from office by the city council are cumulative and in addition to the grounds for removal from office by the state commission on judicial conduct. In the event the city council elects to remove the judge of the municipal court of record from office for the grounds set forth above, it shall adopt and follow the procedures previously in effect for the removal of mayors and aldermen in section 21.002, Local Government Code, since repealed, but which this council finds meet the requirements of due process insofar as the removal of the judge of the municipal court of record is concerned.
(Ordinance 45-01-07-24, secs. 3-8, adopted 7/24/01)
The city council shall by ordinance provide for the appointment of a clerk of the municipal court of record. The municipal clerk shall keep the records of the municipal court of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the clerk 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 city council may provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the court. The clerk and other court personnel shall perform their duties under the direction and control of the presiding judge. The city council shall by ordinance further provide for the hiring, direction, supervision and removal of the personnel authorized in the annual budget for the clerk’s office.
(Ordinance 45-01-07-24, sec. 9, adopted 7/24/01)
The position of deputy court clerk is hereby formally created.
(Ordinance 189-05-04-26, sec. 1, adopted 4/26/05)
(a) 
The municipality shall provide a court reporter to preserve a record in cases tried before the municipal court of record. The court reporter must meet the qualifications provided by law for official court reporters and shall be compensated by the city in the manner determined by the city council.
(b) 
The court reporter may use written notes, transcribing equipment, video or audio recording equipment or a combination of those methods to record the proceedings of the court. The reporter shall keep the record for the twenty-day period beginning the day after the last day of the proceeding, trial, or denial of motion for new trial, or until any appeal is final, whichever occurs last. The court reporter is not required to record testimony in a case unless the judge or one of the parties requests the record.
(c) 
Instead of providing a court reporter, the city council may provide that the proceedings may be recorded by a good-quality electronic recording device. If the city council authorizes the electronic recording, the court reporter is not required to be present to certify the statement of facts. The recording shall be kept for the twenty-day period beginning the day after the last day of the court proceeding, trial or denial of a 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.
(d) 
The city council hereby finds and ordains that the court proceedings may be recorded electronically and the court reporter shall not be required to be present to certify the statement of facts.
(Ordinance 45-01-07-24, secs. 10-13, adopted 7/24/01)
Prosecutions in the municipal court of record shall be conducted as provided by article 45.03, Code of Criminal Procedure.
(Ordinance 45-01-07-24, sec. 14, adopted 7/24/01)
The city council shall provide a courtroom, jury room, offices, and such other facilities and supplies that the council determines are necessary for the proper operation of the municipal court of record.
(Ordinance 45-01-07-24, sec. 15, adopted 7/24/01)
The city council shall provide the court with a seal which must substantially conform to article 45.02, Code of Criminal Procedure, but which must include the phrase “Municipal Court of/in Bulverde, Texas.”
(Ordinance 45-01-07-24, sec. 16, adopted 7/24/01)
(a) 
Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45, Code of Criminal Procedure.
(b) 
Ordinances, rules and procedures concerning a trial by a jury, including the summoning of jurors, must substantially conform to chapter 45, Code of Criminal Procedure. The presiding judge, the municipal court clerk, or the court administrator as determined by ordinance shall supervise the selection of persons for jury service.
(Ordinance 45-01-07-24, secs. 17, 18, adopted 7/24/01)
(a) 
A defendant has the right of appeal from a judgment or conviction in the municipal court of record. The state has the right of appeal as provided by article 44.01, Code of Criminal Procedure. The county criminal courts at law shall have jurisdiction of appeals from the city municipal court of record.
(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 transcript and statement of facts 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 written motion for new trial with the municipal clerk not later than the 10th day after the date on which judgment is rendered. 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 90 days from the original filing deadline. If the court does not act on the motion before the expiration of the 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 not 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 90 days from the original filing deadline.
(e) 
(1) 
If the defendant is in custody, the appeal is perfected when the notice of appeal is given as provided by article 44.13, Code of Criminal Procedure.
(2) 
The city council hereby ordains a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. 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. The defendant shall pay the transcript preparation fee and the fee for an actual transcript of the proceedings.
(f) 
(1) 
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.
(2) 
The appeal bond must be in the amount of $100.00 or double the amount of the fines and costs adjudged against the defendant, whichever is greater.
(g) 
The bond must:
(1) 
State that the defendant was convicted in the case and has appealed; and
(2) 
Be conditioned on the defendant’s immediate and daily personal appearance in the court to which the appeal is taken.
(h) 
The record on appeal must substantially conform to the provisions relating to the preparation of a record on appeal in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
(i) 
The transcript 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.
(j) 
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.
(k) 
The statement of facts included in the record on appeal must substantially conform to the provision relating to the preparation of a statement of facts in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure. The appellant shall pay for the statement of facts.
(l) 
Not later than the 60th day after the date on which the notice of appeal is given or filed, the parties must file with the municipal court clerk:
(1) 
The statement of facts;
(2) 
A written description of material to be included in the transcript in addition to the required material; and
(3) 
Any material to be included in the transcript that is not in the custody of the court.
(m) 
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. After the court approves the record, the clerk shall promptly send the record to the appellate court clerk for filing. The appellate court clerk shall notify the defendant and the prosecuting attorney that the record has been filed.
(n) 
(1) 
An appellant’s brief on appeal from a municipal court of record must present points of error in the manner required by law for a brief on appeal to the court of appeals. The appellant must file the brief with the appellate court clerk not later than the 15th day after the date on which the transcript and statement of facts are filed with that clerk. The appellant or the appellant’s attorney must certify that the brief has been properly mailed to the appellee.
(2) 
The appellee must file the appellee’s brief with the appellate court clerk not later than the 15th day after the date on which the appellant’s brief is filed. Each party, on filing the party’s brief with the appellate court clerk, shall deliver a copy of the brief to the opposing party and to the municipal judge. The record and the briefs on appeal shall be limited as far as possible to the questions relied on for reversal.
(3) 
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.
(o) 
(1) 
Except as otherwise provided, the Code of Criminal Procedure and the Texas Rules of Appellate Procedure govern the trial of cases before the municipal courts 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. The appellate courts may make and enforce all rules of practice and procedure that are not inconsistent with law and that are necessary to expedite the dispatch of appeals from the municipal court of record.
(2) 
According to the law and the nature of the case, the appellate court may:
(A) 
Affirm the judgment in the municipal court of record;
(B) 
Reverse and remand for new trial;
(C) 
Reverse and dismiss the case; or
(D) 
Reform and correct the judgment.
(p) 
(1) 
Unless the matter was made an issue in the trial court or it affirmatively appears to the contrary from the transcript or the statement of facts, the appellate court shall presume that:
(A) 
Venue was proven in the trial court;
(B) 
The jury, if any, was properly impaneled and sworn;
(C) 
The defendant was arraigned and pleaded to the complaint; and
(D) 
The municipal judge certified the charge before it was read to the jury.
(2) 
In each case decided by the appellate court, the court shall deliver a written opinion or order sustaining or overruling each assignment of error presented. The court shall set forth the reasons for its decision. The appellate court clerk shall mail copies of the decision to the parties and to the municipal judge as soon as the decision is rendered. The appellate court may determine the rules for oral argument. The parties may submit the case on the record and briefs without oral argument.
(q) 
(1) 
When the judgment of the appellate court becomes final, the clerk of that court shall certify the proceedings and the judgment and shall mail the certificate to the municipal clerk. The municipal clerk shall file the certificate with the papers in the case and note the certificate on the case docket. If the municipal court of record judgment is affirmed to enforce the judgment the court may:
(A) 
Forfeit the defendant’s bond;
(B) 
Issue a writ of capias for the defendant;
(C) 
Issue an execution against the defendant’s property;
(D) 
Order a refund for the defendant’s costs; or
(E) 
Conduct an indigency hearing at the court’s discretion.
(2) 
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.
(3) 
The appellant has the right of appeal to the court of appeals if the fine assessed against the defendant exceeds $100.00 and if the judgment is affirmed by the appellate court. The provisions of the Code of Criminal Procedure relating to direct appeals from a county or a district court to the court of appeals apply to the appeal, except that:
(A) 
The record and briefs on appeal in the appellate court constitute the record and briefs on appeal to the court of appeals unless the rules of the court of criminal appeals provide otherwise; and
(B) 
The record and briefs shall be filed directly with the court of appeals.
(Ordinance 45-01-07-24, secs. 19-35, adopted 7/24/01)