The procedure for processing cases that come within the criminal jurisdiction of the city municipal court of record is intended to and shall be construed to achieve the following objectives:
(1) 
To provide fair notice to a person appearing in the criminal proceeding before the municipal court and a meaningful opportunity for that person to be heard;
(2) 
To ensure appropriate dignity and court procedure without undue formalism;
(3) 
To promote adherence to rules with sufficient flexibility to serve the ends of justice; and
(4) 
To process cases without unnecessary expense or delay.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
In all cases filed in the municipal court of the city, the date which appears on the defendant’s copy of the citation shall be an arraignment setting date. Failure to appear at the scheduled arraignment setting without first having obtained a trial setting shall result in an arrest warrant being issued for the defendant, or a bond forfeiture, if a bond has been previously posted by the defendant in the case.
(b) 
A trial setting may be obtained and a plea of “not guilty” entered by a personal appearance by the defendant at the arraignment setting or by his attorney.
(c) 
A request for a continuance and other motions received at least five (5) days, excluding weekends and court holidays, prior to trial setting are timely and shall be considered individually on their own merits.
(d) 
As a general rule, the first request for a continuance if timely made will be granted by the clerk. No telephone request for continuances will be considered by any clerical personnel of the court.
(e) 
No continuance shall be granted in any case set for trial except by the judge of the municipal court.
(f) 
A request for a second or subsequent continuance for a case set on the arraignment docket may be granted only by the judge of the municipal court.
(g) 
In jury trials all parties shall be expected to be ready for trial at the first jury setting.
(h) 
For all jury trials only, written motions for continuance shall be considered. Said motions must be received at least five (5) days prior to the jury trial date, excluding weekends and court holidays. It shall be within the discretion of the judge of the municipal court to consider an untimely motion. Upon showing of good cause the court may grant a motion for continuance of a cause untimely filed.
(i) 
Motions for continuances shall specify with particularity the reasons for such request, shall be sworn to and shall be presented to the judge of the municipal court.
(j) 
Once a defendant or his attorney has removed a case from the jury trial docket and placed same upon the non-jury docket, it shall not thereafter be placed on the jury docket.
(k) 
The rules of evidence that govern the trials of criminal action in the district court shall apply to all criminal proceedings in the city municipal court of record.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Notwithstanding any other provision of law, a document that is issued or maintained by the city municipal court of record or a citation issued by a law enforcement officer may be created by electronic means, including optical imaging, optical disks, digital imaging or other electronic reproduction technique that does not permit changes, additions, or deletions to the originally created document.
(b) 
The court may use electronic means to:
(1) 
Produce a document required by law to be written;
(2) 
Record an instrument, paper, or notice that is permitted or required by law to be recorded or filed; or
(3) 
Maintain a docket.
(c) 
The court shall maintain original documents as provided by law.
(d) 
An electronically recorded judgment has the same force and effect as a written signed judgment.
(e) 
A record created by electronic means is an original record or a certification of the original record.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Notwithstanding any other law, for the purpose of these rules of procedure, a document is considered timely filed with the clerk of the court if:
(1) 
The document is deposited with the United States Postal Service in a first class postage prepaid envelope properly addressed to the clerk on or before the date the document is required to be filed with the clerk; and
(2) 
The clerk receives the document not later than the 10th day after the date the document is required to be filed with the clerk.
(b) 
A legible postmark affixed by the United States Postal Service is prima facie evidence of the date the document is deposited with the United States Postal Service.
(c) 
In this section, “day” does not include Saturday, Sunday, or a legal holiday.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Motions for jury trials may be made at any of the following times:
(1) 
At the scheduled arraignment docket.
(2) 
By written motion at least seven (7) days before the first non-jury trial setting.
(b) 
Upon making a request for a jury trial, the defendant or his attorney of record shall provide his/her name, office address and office telephone number.
(c) 
All notices of jury trial settings shall be given to the defendant or his attorney personally or mailed to the defendant’s attorney of record unless the defendant is representing himself.
(d) 
Jury trial cases shall be set at such time as may be deemed convenient by the court.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
The court shall assess court costs against each defendant upon his conviction as authorized by law.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Each traffic citation issued has a partial schedule of first offender standard fines printed on the reverse side. Should the attorney or defendant so desire, such traffic fines may be paid by mail or in person to the clerk of the municipal court.
(b) 
Defendants cited or summoned to appear for offenses not listed on the reverse side of the citations issued by city peace officers may nevertheless dispose of their cases by paying fines established by the city council. In the event that the fines for a cited offense have not been established by the city council, the defendant must appear in person or by his attorney for a determination of his fine by the court.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites:
(1) 
It must be in writing;
(2) 
It must commence “In the name and by the authority of the State of Texas”;
(3) 
It must state the name of the accused, if known, or, if unknown, must include a reasonably definite description of the accused;
(4) 
It must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state;
(5) 
It must state the date the offense was committed as definitely as the affiant is able to provide;
(6) 
It must bear the signature or mark of the affiant; and
(7) 
It must conclude with the words “Against the peace and dignity of the State” and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words “Contrary to the said ordinance.”
(b) 
A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made.
(c) 
A complaint may be sworn to before any officer authorized to administer oaths.
(d) 
A complaint in municipal court may be sworn to before:
(1) 
The municipal judge;
(2) 
The clerk of the court or a deputy clerk;
(3) 
The city secretary; or
(4) 
The city attorney or a deputy city attorney.
(e) 
If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error or irregularity. Nothing in this section prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
If a defendant is younger than 17 years of age and has not had the disabilities of minority removed, the judge:
(1) 
Must take the defendant’s plea in open court; and
(2) 
Shall issue a summons to compel the defendant’s parent, guardian, or managing conservator to be present during:
(A) 
The taking of the defendant’s plea; and
(B) 
All other proceedings relating to the case.
(b) 
If the court is unable to secure the appearance of the defendant’s parent, guardian, or managing conservator by issuance of a summons, the court may, without the defendant’s parent, guardian or managing conservator present, take the defendant’s plea and proceed against the defendant.
(c) 
If the defendant resides in a county other than the county in which the alleged offense occurred, the defendant may, with leave of the judge of the court of original jurisdiction, enter the plea, including a plea under article 45.052, before a judge in the county in which the defendant resides.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
When a person is charged with a misdemeanor offense under Texas Transportation Code, except violations of sections 545.066, 545.401, 545.421, 550.022 or 550.023 thereof, committed while operating a motor vehicle, the defendant shall be advised of his right to successfully complete a driving safety course and the court:
(1) 
In its discretion may defer proceedings and allow the person one hundred twenty (120) days to present evidence that, subsequent to the alleged act, the person has successfully completed a driving safety course approved by the state department of public safety or other driving safety course approved by the court; or
(2) 
Shall defer proceedings and allow the person one hundred twenty (120) days to present a department-approved certificate of course completion as written evidence that, subsequent to the alleged act, the person has successfully completed a driving safety course approved by the state department of public safety or another driving safety course approved by the court, if:
(A) 
On or before the answer date on the citation the person enters a plea in person or in writing of no contest or guilty and presents the court an oral or a written request in person or by mail to take a course;
(B) 
The person has a valid Texas driver’s license or permit;
(C) 
The person’s driving record as maintained by the state department of public safety does not indicate successful completion of a driving safety course under this subsection within one (1) year immediately preceding the date of the alleged offense;
(D) 
The person files an affidavit with the court stating that the person is not in the process of taking a course under this subsection and has not completed a course under this subsection that is not yet reflected on the person’s driving record and, further, such person presents proof of liability insurance to comply with the current requirements of the state financial responsibility laws; and
(E) 
The offense charged is for the offense covered by this subsection other than speeding twenty-five (25) miles per hour or more over the posted speed limit at the place where the alleged offense occurred.
(b) 
(1) 
When the person complies with the provisions of subsection (a) of this section and the certificate of course completion approved by the department is accepted by the court, the court shall dismiss the charge, but the court may only dismiss one charge for completion of each course.
(2) 
When a charge is dismissed under this section, the charge may not be part of the person’s driving record or used for any purpose, but the court shall report the fact that a person has successfully completed a driving safety course and the date of completion to the state department of public safety for inclusion in the person’s driving record. The court shall note in its report whether the course was taken under the procedure provided by subsection (a)(2) of this section for the purpose of providing information necessary to determine eligibility to take a subsequent course under subsection (a)(2).
(c) 
The court may require the person requesting a driving safety course to pay a fee set by the court at an amount that does not exceed ten and no/100 dollars ($10.00), including any special fees authorized by statute or municipal ordinance to cover the cost of administering this section. Fees collected under this subsection by the municipal court shall be deposited in the municipal treasury. If the person requesting a driving safety course does not take the course, the person is not entitled to a refund of the fee required by this subsection.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
If the accused does not waive a trial by jury, the judge shall issue a writ commanding the proper officer to summon a venire from which six qualified persons shall be selected to serve as jurors in the case.
(b) 
The jurors when so summoned shall remain in attendance as jurors in all cases that may come up for hearing until discharged by the court.
(c) 
Any person so summoned who fails to attend may be fined an amount not to exceed one hundred dollars ($100.00) for contempt.
(d) 
If, from challenges or any other cause, a sufficient number of jurors are not in attendance, the judge shall order the proper officer to summon a sufficient number of qualified persons to form the jury.
(e) 
In all jury trials in the municipal court, the state and each defendant in the case is entitled to three peremptory challenges.
(f) 
The judge shall form the jury and administer the appropriate oath in accordance with chapter 35, Texas Code of Criminal Procedure.
(g) 
Compensation.
(1) 
In all municipal court misdemeanor cases where a charged defendant demands a trial by jury as provided by law, the municipal court judge shall notify the court clerk to select a sufficient number of qualified voters within the municipality and summon them to appear at the appointed date and time to serve as jurors.
(2) 
Each juror that is summoned and appears at the court on the appointed date and time shall receive four dollars ($4.00) to be paid from the city’s municipal court fund for each day or fraction of a day that the juror attends court.
(3) 
Any person so summoned for jury service who shall fail or refuse to attend without showing good cause for failing or refusing to appear may be fined by the court in any sum not exceeding one hundred dollars ($100.00). The money collected from this fine shall be for the use of the city and may be deposited in the municipal court fund.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01; Ordinance 243-07-01-09 adopted 1/9/07)
If, upon the trial of the case in the municipal court, the state fails to prove a prima facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of “not guilty.”
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
The judge shall charge the jury. The charge may be made orally or in writing, except that the charge shall be made in writing if required by law.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
The jury shall retire in charge of an officer when the cause is submitted to them, and be kept together until they agree to a verdict, or are discharged, or the court recesses.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
A jury shall be discharged if it fails to agree to a verdict after being kept together a reasonable time. If a jury is discharged because it fails to agree to a verdict, the judge may impanel another jury as soon as practicable to try such cause.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
When the jury has agreed on a verdict, the jury shall bring the verdict into court.
(b) 
The judge shall see that the verdict is in proper form and shall render the proper judgment and sentence on the verdict.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
The judgment and sentence, in case of conviction in a criminal action before a municipal court judge, shall be that the defendant pay the amount of the fine and costs to the state.
(b) 
The judge may direct the defendant:
(1) 
To pay:
(A) 
The entire fine and costs when sentence is pronounced;
(B) 
The entire fine and costs at some later date; or
(C) 
A specified portion of the fine and cost at designated intervals;
(2) 
If applicable, to make restitution to any victim of the offense in an amount not to exceed five hundred dollars ($500.00); and
(3) 
To satisfy any other sanction authorized by law.
(c) 
The judge shall credit the defendant for time served in jail as provided by article 42.03, Code of Criminal Procedure. The credit shall be applied to the amount of the fine and costs at the rate provided by article 45.048, Code of Criminal Procedure.
(d) 
All judgments, sentences, and final orders of the judge shall be rendered in open court.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
A judge may enter a judgment of conviction and forfeit a cash bond posted by the defendant in satisfaction of the defendant’s fine and cost if the defendant:
(1) 
Has entered a written and signed plea of nolo contendere and a waiver of jury trial; and
(2) 
Fails to appear according to the terms of the defendant’s release.
(b) 
A judge who enters a judgment of conviction and forfeiture under subsection (a) of this section shall immediately notify the defendant in writing, by regular mail addressed to the defendant at the defendant’s last known address, that:
(1) 
A judgment of conviction and forfeiture of bond was entered against the defendant on a date certain and the forfeiture satisfies the defendant’s fine and costs in the case; and
(2) 
The defendant has a right to a new trial in the case if the defendant applies for the new trial not later than the 10th day after the date of judgment and forfeiture.
(c) 
Notwithstanding article 45.037, Code of Criminal Procedure, the defendant may file a motion for a new trial within the period provided by subsection (b) of this section, and the court shall grant the motion if the motion is made within that period. On the new trial, the court shall permit the defendant to withdraw the previously entered plea of nolo contendere and waiver of jury trial.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
If the defendant is not in custody when the judgment is rendered or if the defendant fails to satisfy the judgment according to its terms, the court may order a capias pro fine issued for the defendant’s arrest. The capias pro fine shall state the amount of the judgment and sentence, and command the appropriate peace officer to bring the defendant before the court or place the defendant in jail until the defendant can be brought before the court.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
When a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge determines that:
(1) 
The defendant intentionally failed to make a good faith effort to discharge the judgment; or
(2) 
The defendant is not indigent.
(b) 
A certified copy of the judgment, sentence, and order is sufficient to authorize such confinement.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
If, after a judgment and sentence is entered, the defendant defaults in payment of a fine, the judge may order the fine and costs collected by execution against the defendant’s property in the same manner as a judgment in a civil suit.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
A defendant placed in jail on account of failure to pay the fine and costs shall be discharged on habeas corpus by showing that the defendant:
(1) 
Is too poor to pay the fine and costs; or
(2) 
Has remained in jail a sufficient length of time to satisfy the fine and costs, at the rate of not less than $100.00 for each day or part of a day of jail time served.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
A judge may require a defendant who fails to pay a previously assessed fine or costs, or who is determined by the court to have insufficient resources or income to pay a fine or costs, to discharge all or part of the fine or costs by performing community service. A defendant may discharge an obligation to perform community service under this section by paying at any time the fine and costs assessed.
(b) 
In the judge’s order requiring a defendant to participate in community service work under this section, the justice or judge must specify the number of hours the defendant is required to work.
(c) 
The judge may order the defendant to perform community service work under this section only for a governmental entity or a nonprofit organization that provides services to the general public that enhance social welfare and the general well-being of the community. A governmental entity or nonprofit organization that accepts a defendant under this section to perform community service must agree to supervise the defendant in the performance of the defendant’s work and report on the defendant’s work to the judge who ordered the community service.
(d) 
A judge may not order a defendant to perform more than 16 hours per week of community service under this section unless the judge determines that requiring the defendant to work additional hours does not work a hardship on the defendant or the defendant’s dependents.
(e) 
A defendant is considered to have discharged $100.00 of fines or costs for each eight hours of community service performed under this section.
(f) 
A sheriff, employee of a sheriff’s department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county is not liable for damages arising from an act or failure to act in connection with manual labor performed by a defendant under this section if the act or failure to act:
(1) 
Was performed pursuant to court order; and
(2) 
Was not intentional, willfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
A municipal court may not order the confinement of a person who is a child for the purposes of title 3, Family Code, for the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only.
(b) 
If a person who is a child under section 51.02, Family Code, fails to obey an order of a municipal court under circumstances that would constitute contempt of court, the municipal court has jurisdiction to:
(1) 
Hold the child in contempt of the municipal court order as provided by section 52.027(h), Family Code; or
(2) 
Refer the child to the appropriate juvenile court for delinquent conduct for contempt of the municipal court order.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
On a plea of guilty or nolo contendere by a defendant or on finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days.
(b) 
During the deferral period, the judge may require the defendant to:
(1) 
Post a bond in the amount of the fine assessed to secure payment of the fine;
(2) 
Pay restitution to the victim of the offense in an amount not to exceed the fine assessed;
(3) 
Submit to professional counseling;
(4) 
Submit to diagnostic testing for alcohol or a controlled substance or drug;
(5) 
Submit to a psychosocial assessment;
(6) 
Participate in an alcohol or drug abuse treatment or education program;
(7) 
Pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs; and
(8) 
Comply with any other reasonable condition.
(c) 
At the conclusion of the deferral period, if the defendant presents satisfactory evidence that he has complied with the requirements imposed, the judge shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction. Otherwise, the judge may proceed with an adjudication of guilt. After an adjudication of guilt, the judge may reduce the fine assessed or may then impose the fine assessed, less any portion of the assessed fine that has been paid. If the complaint is dismissed, a special expense not to exceed the amount of the fine assessed may be imposed.
(d) 
If at the conclusion of the deferral period the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge may impose the fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant.
(e) 
Records relating to a complaint dismissed as provided by this section may be expunged under article 55.01, Texas Code of Criminal Procedure. If a complaint is dismissed under this section, there is not a final conviction and the complaint may not be used against the person for any purpose.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
This section applies to an alleged offense involving the operation of a motor vehicle other than a commercial motor vehicle, as defined by section 522.003, Transportation Code, and supplements article 45.051 [of the Code of Criminal Procedure].
(b) 
During the deferral period under article 45.051, the judge:
(1) 
Shall require the defendant to successfully complete a driving safety course approved by the state education agency if the defendant elects deferred disposition and the defendant has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the preceding 12 months; and
(2) 
May require the defendant to successfully complete a driving safety course approved by the state education agency if the defendant has completed an approved driving safety course within the preceding 12 months.
(c) 
Subsection (b)(1) applies only if:
(1) 
The person enters a plea in person or in writing of no contest or guilty and, before the answer date on the notice to appear:
(A) 
Presents in person to the court an oral or written request to take a course; or
(B) 
Sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course;
(2) 
The court enters judgment on the person’s plea of no contest or guilty at the time the plea is made but defers imposition of the judgment for 180 days;
(3) 
The person has a Texas driver’s license or permit;
(4) 
The person is charged with an offense to which this section applies, other than speeding 25 miles per hour or more over the posted speed limit;
(5) 
The person provides evidence of financial responsibility as required by chapter 601, Transportation Code;
(6) 
The defendant’s driving record as maintained by the state department of public safety shows the defendant has not completed an approved driving safety course or motorcycle operator training course as appropriate, within the 12 months preceding the date of the offense; and
(7) 
The defendant files an affidavit with the court stating that the person is not taking a course under this subsection and has not completed a course that is not shown on the person’s driving record within the 12 months preceding the date of the offense.
(d) 
Notwithstanding subsection (c)(1), on a written motion submitted to the court before the final disposition of the case, the court may grant a request to take a driving safety course or a motorcycle operator training course under this section.
(e) 
A request to take a driving safety course made at or before the time and at the place at which a person is required to appear in court is an appearance in compliance with the person’s promise to appear.
(f) 
The court may require a person requesting a driving safety course to pay a fee set by the court at an amount of not more than $10.00, including any other fee authorized by statute or municipal ordinance, to cover the cost of administering this section.
(g) 
A person who requests but does not take a course is not entitled to a refund of the fee.
(h) 
Fees collected by the municipal court shall be deposited in the municipal treasury.
(i) 
If a person requesting a driving safety course fails to furnish evidence of the successful completion of the course to the court, the court shall:
(1) 
Notify the person in writing, mailed to the address appearing on the notice to appear, of that failure; and
(2) 
Require the person to appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court.
(j) 
A person who fails to appear at the time and place stated in the notice commits a misdemeanor punishable as provided by section 543.009, Transportation Code.
(k) 
On a person’s showing of good cause for failure to furnish evidence to the court, the court may allow an extension of time during which the person may present a uniform certificate of course completion as evidence that the person successfully completed the driving safety course.
(l) 
When a person complies with subsection (b) and a uniform certificate of course completion is accepted by the court, the court shall:
(1) 
Remove the judgment and dismiss the charge;
(2) 
Report the fact that the person successfully completed a driving safety course and the date of completion to the state department of public safety for inclusion in the person’s driving record; and
(3) 
State in this report whether the course was taken under the procedure provided by this section to provide information necessary to determine eligibility to take a subsequent course under subsection (b).
(m) 
The court may dismiss only one charge for each completion of a course.
(n) 
A charge that is dismissed under this section may not be part of a person’s driving record or used for any purpose.
(o) 
An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state may not cancel or increase the premium charged an insured under the policy because the insured completed a driving safety course or had a charge dismissed under this section.
(p) 
The court shall advise a person charged with a misdemeanor under subtitle C, title 7, Transportation Code, committed while operating a motor vehicle of the person’s right under this section to successfully complete a driving safety course or, if the offense was committed while operating a motorcycle, a motorcycle operator training course. The right to complete a course does not apply to a person charged with a violation of section 545.066, 545.401, 545.421, 550.022, or 550.023, Transportation Code, or a serious traffic violation as defined by section 522.003, Transportation Code.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
A municipal court may defer proceedings against a defendant who is under the age of 18 or enrolled full time in an accredited secondary school in a program leading toward a high school diploma for 90 days if the defendant:
(1) 
Is charged with an offense that the court has jurisdiction of under article 4.11 or 4.14, Code of Criminal Procedure;
(2) 
Pleads nolo contendere or guilty to the offense in open court with the defendant’s parent, guardian, or managing conservator present;
(3) 
Presents to the court an oral or written request to attend a teen court program; and
(4) 
Has not successfully completed a teen court program in the two years preceding the date that the alleged offense occurred.
(b) 
The teen court program must be approved by the court.
(c) 
The municipal court shall dismiss the charge at the conclusion of the deferral period if the defendant presents satisfactory evidence that the defendant has successfully completed the teen court program.
(d) 
A charge dismissed under this section may not be part of the defendant’s criminal record or driving record or used for any purpose. However, if the charge was for a traffic offense, the court shall report to the department of public safety that the defendant successfully completed the teen court program and the date of completion for inclusion in the defendant’s driving record.
(e) 
The municipal court may require a person who requests a teen court program to pay a fee not to exceed $10.00 that is set by the court to cover the costs of administering this section. Fees collected by a municipal court shall be deposited in the municipal treasury. Fees collected by a justice court shall be deposited in the county treasury of the county in which the court is located. A person who requests a teen court program and fails to complete the program is not entitled to a refund of the fee.
(f) 
A court may transfer a case in which proceedings have been deferred under this section to a court in another county if the court to which the case is transferred consents. A case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
(g) 
In addition to the fee authorized by subsection (e) of this section, the court may require a child who requests a teen court program to pay a $10.00 fee to cover the cost to the teen court for performing its duties under this section. The court shall pay the fee to the teen court program, and the teen court program must account to the court for the receipt and disbursal of the fee. A child who pays a fee under this subsection is not entitled to a refund of the fee, regardless of whether the child successfully completes the teen court program.
(h) 
A municipal court may exempt a defendant for whom proceedings are deferred under this section from the requirement to pay a court cost or fee that is imposed by another.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by a fine only, a municipal court may defer further proceedings for 90 days without entering an adjudication of guilt if:
(1) 
The court finds that the offense resulted from or was related to the defendant’s chemical dependency; and
(2) 
An application for court-ordered treatment of the defendant is filed in accordance with chapter 462, Health and Safety Code.
(b) 
At the end of the deferral period, the municipal court shall dismiss the charge if satisfactory evidence is presented that the defendant was committed for and completed court-ordered treatment in accordance with chapter 462, Health and Safety Code, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction.
(c) 
If at the conclusion of the deferral period satisfactory evidence that the defendant was committed for and completed court-ordered treatment in accordance with chapter 462, Health and Safety Code, is not presented, the municipal court may impose the fine assessed or impose a lesser fine. The imposition of a fine constitutes a final conviction of the defendant.
(d) 
Records relating to a complaint dismissed under this section may be expunged under article 55.01 of this code [the Code of Criminal Procedure]. If a complaint is dismissed under this section, there is not a final conviction and the complaint may not be used against the person for any purpose.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Following the initial arraignment of all defendants, those cases for which no specific fine is determined for the offenses and all pleas of not guilty shall be set on a trial docket by the clerk of the municipal court.
(b) 
All cases on the trial docket will be called at the next succeeding court date, whereupon the state and the defendant and/or his attorney will be expected to announce ready.
(c) 
If the state fails to announce ready without a showing of good cause for a continuance, the cause will be dismissed.
(d) 
If the defendant announces not ready without good cause for a continuance, he shall also be put to trial by the court.
(e) 
If the defendant fails to appear for trial on his scheduled date, the capias warrant will issue for his arrest or a bond forfeiture shall ensue where he has previously posted a cash bond.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Pursuant to the provisions of section 28.01, Texas Code of Criminal Procedure, all pre-trial motions shall be filed by the defendant at least seven (7) days before hearing. The pre-trial motions shall be disposed of prior to the commencement of the first trial on each jury docket.
(b) 
Texas Criminal Rules of Evidence governing trials in the state district courts shall govern in all cases and provisions of the Texas Code of Criminal Procedure and the Texas Penal Code shall govern all proceedings in these courts.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
All attorneys and persons appearing pro se before the court shall be expected to conduct and demean themselves with proper respect for all participants in the proceedings. The court may punish any person and/or attorney conducting himself in a disorderly, disrespectful or contemptuous manner and may punish such conduct as authorized by law.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
A judgment can be set aside only by the court. The court may set aside such judgment sua sponte at the recommendation of the city attorney or upon motion for new trial filed by the defendant or his attorney.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
A plea of guilty or a plea of no contest in a misdemeanor case may be made either by the defendant or his counsel in open court; in such case, the defendant or his counsel may waive a jury, and the punishment may be assessed by the court either upon or without evidence, at the discretion of the court.
(b) 
A defendant charged with a misdemeanor for which the maximum possible punishment is by fine only, and where his or her presence is not otherwise required in open court, may, instead of the method provided in the preceding subsection, mail to the court a plea of “guilty” or a plea of “no contest” and a waiver of jury trial. The defendant may also request in writing that the court notify the defendant, at the address stated in the request, of the amount of an appeal bond that the court will approve. If the court receives a plea and waiver before the time the defendant is scheduled to appear in court, the court shall dispose of the case without requiring a court appearance by the defendant. The court shall notify the defendant by certified mail, return receipt requested, of the amount of any fine assessed in the case and, if requested by the defendant, the amount of an appeal bond that the court will approve. The defendant shall pay any fine assessed or give an appeal bond in the amount stated in the notice before the thirty-first (31st) day after receiving the notice.
(c) 
In a misdemeanor case arising out a moving traffic violation for which the maximum possible punishment is by fine only, payment of a fine, or an amount accepted by the court, constitutes a finding of guilty in open court, as though a plea of no contest had been entered by the defendant.
(d) 
If a written notice of a traffic violation for which the maximum possible punishment is by fine only or of a violation relating to the manner, time and place of parking has been prepared, delivered and filed with the court and the legible duplicate copy has been given to the defendant, the duplicate copy serves as a complaint to which the defendant may plead guilty, not guilty or nolo contendere. If the defendant pleads not guilty to the offense a complaint shall be filed that conforms to the requirements of article 45.01, Code of Criminal Procedure, 1965, and that complaint serves as an original complaint. A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed on the written notice of the charged offense if the defendant agrees in writing with the prosecution, signs the agreement and files it with the court.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
When a sworn complaint or affidavit based on probable cause has been filed before the municipal court, the judge may issue a warrant for the arrest of the accused and deliver the same to the proper officer to be executed.
(b) 
The warrant is sufficient if:
(1) 
It is issued in the name of “The State of Texas”;
(2) 
It is directed to the proper peace officer or some other person specifically named in the warrant;
(3) 
It includes a command that the body of the accused be taken, and brought before the authority issuing the warrant, at the time and place stated in the warrant;
(4) 
It states the name of the person whose arrest is ordered, if known, or, if not known, it describes the person as in the complaint;
(5) 
It states that the person is accused of some offense against the laws of this state, naming the offense; and
(6) 
It is signed by the judge, naming the office of the judge in the body of the warrant or in connection with the signature of the judge.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
The administrative handling and preservation of court documents is the responsibility of the clerk of the municipal court.
(b) 
Inasmuch as court documents are public records, they shall be available for review to the defendant or his attorney under proper conditions and safeguards. In the event that such documents are taken from the clerk’s possession by an attorney, he shall, before receiving such documents, file on a form to be presented by the clerk of the municipal court his name, his state bar number and the defendant for whom he is appearing.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Upon arrest for failure to appear for trial, the defendant will be placed in custody of the city police department until a cash or surety bond is posted securing his release or the fine is paid. However, the warrant officer may, in his discretion, waive this requirement if he is reasonably satisfied the defendant shall appear for trial at the next scheduled court date.
(b) 
If bond is not posted, the defendant will remain in custody until the time of trial or otherwise released by due process of law.
(c) 
Due diligence shall be used in obtaining witnesses for trial. It shall be necessary, however, for the defendant to request the presence of witnesses for trial by presenting such application to the clerk of the court. This application must be made timely so as to not constitute a delay of the proceedings and shall be served by any certified peace officer or by certified mail, return receipt requested.
(d) 
In the event a complainant fails to appear after having been subpoenaed for trial, the case shall be dismissed unless the court, for good cause, grants a continuance to the state.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
The judge of the court, or, if directed by the judge, the clerk of the court, shall keep a docket containing the following information:
(1) 
The style and file number of each criminal action;
(2) 
The nature of the offense charged;
(3) 
The plea offered by the defendant and the date the plea was entered;
(4) 
The date the warrant, if any, was issued and the return made thereon;
(5) 
The date the examination or trial was held, and, if a trial was held, whether it was by a jury or by the judge;
(6) 
The verdict of the jury, if any, and the date of the verdict;
(7) 
The judgment and sentence of the court, and the date each was given;
(8) 
The motion for new trial, if any, and the decision thereon; and
(9) 
Whether an appeal was taken and the date of that action.
(b) 
The information in the docket may be processed and stored by the use of electronic data processing equipment at the discretion of the municipal court judge.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
A bail bond is a written undertaking entered into by the defendant and his sureties for the appearance of the principal before some court or magistrate to answer a criminal accusation; provided, however, that the defendant, upon execution of such bail bond, may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond instead of having sureties signing the same. The judge of the municipal court in a pending case, in his discretion, may release the defendant on his personal bond without sureties or other security.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Where the defendant is in police custody he may, in the officer’s discretion, be released upon his written execution of a promise to appear when so designated. In the alternative, he may post bond with the city police department either by sureties or in cash to secure and effect his release from police custody.
(b) 
Where the defendant is not in police custody, the bond shall be filed with the warrant officer of the city police department or the clerk of the municipal court.
(c) 
In all cases where the defendant is in the custody of the county sheriff’s office and there is a hold order for outstanding citations of the city, the chief of police or his authorized nominee may request the release of such individual and authorize him to appear in court on his own recognizance or may thereafter secure the appearance of the defendant before the warrant officer so that he may post either a cash, corporate surety or personal surety bond.
(d) 
A defendant who is arrested for outstanding traffic warrants shall be brought before the judge of the municipal court immediately if practicable. If not, he shall be given the opportunity to post either a cash bond or a surety bond, or pay the fine in full.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
A minimum cash bond schedule, issued by the judge of the municipal court, provides for cash deposits in lieu of a statutory appearance bond. Generally, bond will be set at the amount fixed by the schedule, or, in the event that the citation is one which has not been provided for in the schedule, the cash deposit shall be not less than double the amount of the lowest fine which can be assessed upon conviction nor more than the maximum penalty provided by law for the offense. Bonds may be increased from the amounts set forth by the minimum bond schedule. Where a capias has been issued, bond will be in the amount of the capias to the next $100.00.
(b) 
The amount of the bond required may be raised or lowered by the judge of the municipal court.
(c) 
The cash bond for class C misdemeanors is twice the amount of the scheduled fine but not more than $500.00.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
A defendant may, pursuant to the Texas Code of Criminal Procedure, provide three types of bail bonds:
(1) 
Surety bonds.
A surety bond requires the sureties to attest the ownership of real property other than homestead in an amount not less than that provided for in the minimum bond schedule as promulgated by the presiding judge.
(2) 
Cash bonds.
Cash bonds require the posting of cash in United States currency in an amount not less than that provided for in the minimum bond schedule.
(3) 
Personal recognizance bonds.
(A) 
A personal appearance by the defendant in open court may be required for a personal recognizance bond. Such bond will be allowed by the court in its discretion only when there is a showing to the satisfaction of the court that the defendant personally has sufficient roots in the community to insure his appearance at the time of trial and that he is not likely to commit a similar offense if released on such recognizance. A defendant incarcerated in the county jail may be released on personal recognizance bond by the authority of the judge of the municipal court of the city.
(B) 
A personal recognizance bond may be granted by the judge of the municipal court by the city’s warrant officer if the person is detained at the city police department and by the chief of police or his designated nominee if the person is detained and/or confined in the county jail.
(Ordinance 46-01-07-24, sec. 2, 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 provisions 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.
(2) 
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.
(3) 
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.
(4) 
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 46-01-07-24, sec. 2, adopted 7/24/01)
After executing a bail bond, a surety may surrender the defendant and be relieved of his responsibilities thereunder, upon a showing of good cause in open court and by properly executing an affidavit of a “surety to surrender” as follows:
(1) 
When the surety who has made bond for a defendant desires to surrender the defendant before trial, he must properly execute an affidavit of surety to surrender and present this affidavit and his reasons for such actions in open court to the judge of the municipal court.
(2) 
Where the defendant is incarcerated or the defendant is in open court the following procedures shall be utilized:
(A) 
The surety shall first request the judge to have the deputy clerk deliver to the bench all complaints involved.
(B) 
A separate affidavit shall be prepared for each complaint and submitted to the bench at the time the complaints are submitted.
(3) 
Where the defendant is not incarcerated nor presented for surrender the following procedure will be used:
(A) 
The surety desiring to have the affidavit of surety to surrender executed shall first request the judge to have the deputy clerk deliver to the bench all complaints involved.
(B) 
The surety shall have delivered to the bench by the deputy clerk a properly prepared warrant of arrest for each complaint.
(C) 
Upon completion of these steps the surety may present to the court for its consideration the affidavits along with the reasons for the request for surrender.
(4) 
If the motion is granted and the court approves the affidavits, all papers will be delivered to the warrant office. Failure of the surety to surrender the defendant either before or at time of trial will result in the surety being placed on the unapproved bondman’s list after forty-eight (48) hours.
(5) 
Where the affidavit of surety to surrender has been properly executed, a surety may surrender the defendant at any time to the warrant division.
(6) 
The judge of the municipal court shall be the sole person to determine whether an affidavit of surety to surrender shall be granted.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
The surety bears the sole responsibility for assuring the court that a defendant will appear for his trial at the designated time and place.
(b) 
Failure of the defendant to appear for trial will result in a bond forfeiture order by the court. The complaint shall be transferred to the warrant division and the surety shall be notified of the defendant’s failure to appear and of the bond forfeiture order by the court.
(c) 
After notification of forfeiture the surety will have a period of one (1) week in which to surrender the defendant. Upon his failure to do so, the surety will be placed on the unapproved bondsman list and no future bonds will be accepted from said surety until the surety shall have paid the city the amount of bond and costs forfeited or produce the defendant such as to obtain remission of the forfeited bond.
(d) 
The clerk of the court shall not transfer money into the general fund for a period of three (3) days after a bond is forfeited. However, once the money is transferred from a special account to the city’s general fund, such bond forfeiture may not be set aside by the court.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Any person who has previously made bond for a defendant where a forfeiture has occurred or whose name appears on the unapproved list will not be allowed to make future bonds for any defendants.
(b) 
It will be the responsibility of the person whose name appears on such list to take such remedial action as may be necessary to have his name removed from such list.
(c) 
If a person on the unapproved bond list makes bond for any defendant while in such status, said bond shall be deemed ineffective and void and the capias shall issue for the arrest of such defendant.
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
The following schedule of costs, authorized by law, is hereby adopted:
(1) 
Traffic cases: Thirteen and 50/100 dollars ($13.50).
(2) 
State misdemeanor cases (no liability insurance): Eighty-five and 50/100 dollars ($85.50).
(3) 
Deferred adjudication: Supervisory fee not to exceed the maximum amount of the fine.
(4) 
Violations of city ordinances: Six dollars ($6.00).
(5) 
Other state misdemeanor cases: In all deferred adjudication cases in which the defendant has paid a supervisory fee and the corresponding state levy but did not successfully complete probation, the following costs apply:
(A) 
Thirteen and 50/100 dollars ($13.50), except no liability insurance, which costs are eighty-five and 50/100 dollars ($85.50).
(B) 
If a defendant is found guilty by jury, a $6.00 jury fee shall be assessed. No costs are assessed to a defendant who is found not guilty.
(6) 
Penal code:
21.06
Homosexual conduct
$200.00
22.01
Assault: contact/threat
$125.00
42.01(a)(1)-(8), (11) and (12)
Disorderly conduct
$125.00
42.08
Public intoxication
$125.00
(7) 
Violation of city ordinances:
(A) 
Violations of the city public safety ordinances for which a maximum fine of $1,000.00 may be assessed: $200.00.
(B) 
Violations of other city ordinances: $100.00.
(8) 
Revised civil statutes:
(A) 
Violations of article 6687b and article 6701d except for fleeing and attempting to elude a police officer: $100.00.
(B) 
Violations of the safety responsibility laws, no liability insurance: $175.00
(Ordinance 46-01-07-24, sec. 2, adopted 7/24/01)
(a) 
Offense.
Any person, who having received notice to appear in the municipal court of the city, as a defendant, witness or complainant, commits an offense if he or she intentionally, knowingly, or negligently fails to appear in accordance with the terms of the notice. The judge of the municipal court is authorized to assess a failure to appear fee in cases where a person, having received a notice to appear in the municipal court of the city, as a defendant or as a complainant or as a witness fails to appear in accordance with the terms of the notice to appear and where the person is convicted.
(b) 
Defenses.
It is a defense to the prosecution for failure to appear under this section if the person proves that his or her failure to appear in accordance with the notice to appear was not intentional, knowing, or negligent, and was beyond his or her control.
(c) 
Fee.
The judge of the municipal court of the city may assess a failure to appear fee in an amount not to exceed $500.00 in cases where a person is convicted of failing to appear and that person received a notice to appear in the municipal court of the city, as a defendant or as a complainant or as a witness, and failed to appear in accordance with the terms of the notice. A failure to appear fee shall be in addition to any flat or other fees or court costs (including fines, fees, and costs authorized by and/or payable to the state) assessed against the person convicted.
(Ordinance 273-08-06-10 adopted 6/10/08)
If a peace officer is required to act on a warrant for arrest issued in accordance with this section to secure the presence of the person in the municipal court of the city, upon conviction, the court may authorize a warrant fee to be assessed against the person, in addition to the fine and those court costs authorized by this section and the state.
(Ordinance 273-08-06-10 adopted 6/10/08)