There is hereby created a court in and for the city, which shall
be known as the municipal court. This court shall have jurisdiction
within the city with power to hear and determine all cases of alleged
violations of the ordinances of the city and all other cases over
which municipal courts are generally given jurisdiction by state law.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; 1982 Code, ch. 1, sec. 27(A))
(a)
Appointment; authority; compensation; temporary judge.
There is hereby created the office of judge of the municipal court,
who shall have all the powers and authority as granted by and shall
perform all the duties and possess such qualifications as required
by the constitution and laws of the state. The judge shall be appointed
by a majority vote of the city council for a two (2) year term to
correspond with the term of the mayor. Vacancies in the position of
judge shall be filled by the city council for the remainder of the
unexpired term. The amount of compensation to the judge shall be set
from time to time by the city council and paid out of the city treasury.
Whenever any duly appointed and qualified municipal judge is temporarily
unable to act for any reason, the city council may appoint a person
meeting the qualifications for such position to sit for the regular
municipal judge. The temporary appointee shall have all powers and
duties of the office and shall receive the same compensation as is
payable to the regular municipal judge while so acting.
(b)
Removal.
The judge of the municipal court may be removed
from office by city council resolution declaring a lack of confidence
in the judge, provided that two-thirds (2/3) of the city council vote
in favor of said resolution.
(c)
Oath.
The judge of the municipal court, prior to taking
office, shall take the oath of office required by the state constitution
and state laws. This is the oath required by the state laws for mayors
of cities.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; Ordinance 69, secs. 1–5, adopted 5/1/84; 1982 Code, ch. 1, sec. 27(B)–(D))
(a)
Designation of city secretary; deputy clerk.
The city
secretary shall be the ex officio clerk of the municipal court, and
such city secretary is authorized to appoint a deputy clerk with the
same power as the clerk of the court. Such city secretary, as ex officio
clerk of the municipal court, shall hold such office only during the
term as city secretary.
(b)
Duties.
The clerk of the municipal court shall perform
all the duties and have all the powers bestowed upon clerks of municipal
courts by state law. The court clerk shall report to the judge regarding
court matters, but shall be administratively responsible to the city
council. The clerk of the court shall keep minutes of the proceedings
of said court, issue all process, and generally perform all duties
of the clerk of a court as prescribed by law for a county clerk insofar
as the same may be applicable.
(c)
Removal.
The city council may remove the court clerk
for incompetence, corruption, misconduct, or malfeasance in office
after due notice and an opportunity for a hearing before the city
council.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; Ordinance 69, sec. 6, adopted 5/1/84; 1982 Code, ch. 1, sec. 27(E)–(G))
The duly appointed city attorney or deputy city attorney as
designated by the city attorney shall serve as ex-officio prosecutor
in the municipal court. The city council shall prescribe the compensation
for the prosecutor, which shall be paid out of the city treasury.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; 1982 Code, ch. 1, sec. 27(H))
The chief of police shall serve, or provide a police officer
to serve, as bailiff to preserve order and decorum while court is
in session when requested by the judge.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; 1982 Code, ch. 1, sec. 27(I))
The chief of police shall serve, or provide a police officer
to serve, as warrant officer to serve all process or papers issued
by the municipal court when requested by the judge.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; 1982 Code, ch. 1, sec. 27(J))
The rules prescribed by state law governing trials in the state
justice of peace courts shall govern the procedure and practice of
the municipal court, and the city council may prescribe such additional
rules of practice and procedures as are not inconsistent with state
law.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; 1982 Code, ch. 1, sec. 27(K))
(a)
Acceptance and forfeiture of bail.
The judge of the
municipal court is authorized to receive from any person arrested
for a violation of any section of the city code or any state law over
which the municipal court has jurisdiction, cash bail for the appearance
of such person before the municipal court. If such person voluntarily
signs a written agreement in which he agrees that, in the event of
failure to make an appearance by or upon the date therein named, his
bail may be forfeited by the municipal court to the city by an order
or judgment of the court entered upon its minutes, without service
of notice or citation of any kind upon him, and such person shall,
in the same instrument, authorize such officer to plead “guilty”
for him in the event of his failure to appear on said date, then said
cash bail shall be applied to the payment of the fine and the costs
which may be assessed against him.
(b)
Amount of bail.
The judge of the municipal court so
accepting any cash bail shall fix the same at any amount not less
than five dollars ($5.00), which, in his judgment, shall be deemed
to be sufficient to compel the appearance of such person on the date
fixed; provided that no cash bail shall be accepted unless voluntarily
offered by the person charged.
(c)
Receipt for payment of bail; disposition.
(1)
When a cash bail is tendered and accepted, the judge of the municipal
court accepting the same shall issue a special cash bail receipt therefor
to the person tendering such cash bail, a copy of which is to remain
in the cash bail receipt book. When a cash bail is returned to the
person who deposited it, a receipt shall be taken therefor.
(2)
The same procedure shall apply whether or not the person who has
deposited money is present or orders such bail to be applied on the
payment of any fine and costs assessed against him. When such person
fails to make his appearance and a guilty plea is entered for him,
the judge shall apply as much of the cash bail as may be necessary
for the satisfaction of such fine and cost, and the balance shall
be returned to the defendant. In the event such cash bail is forfeited,
then the entire sum shall be paid to the proper officer of the city.
(Ordinance 22 adopted 6/15/78; Ordinance adopting 1982 Code; 1982 Code, ch. 1, sec. 27(L))
In all cases, where warrants of arrest are issued for violations
of ordinances of the city or for the failure of a defendant to appear
after execution of a personal bond, in addition to any fine assessed
by the municipal court, there shall be added a fee of thirty-five
dollars ($35.00) for the issuance and service of such warrants. Such
amounts, when collected, shall be deposited into the city treasury
for the use and benefit of the city.
(Ordinance adopting 1982 Code; Ordinance 67 adopted 2/14/84; Ordinance 145 adopted 7/16/91; 1982 Code, ch. 1, sec. 27(M))
(a)
There
is herewith created a municipal court building security fund. Any
person convicted of a misdemeanor offense in municipal court shall
pay a $3.00 security fee as cost of court.
(b)
A
person is considered convicted if a sentence is imposed on the person
by finding of guilt by the court at trial, or by plea of guilty or
nolo contendere in open court or by mail to the court without court
appearance with subsequent entry of judgment upon said written plea.
(c)
The
municipal court clerk shall collect the cost and pay it to the municipal
treasury or as otherwise designated by the city council for deposit
in a fund to be known as the municipal court building security fund.
(d)
The
municipal court building security fund shall be administered under
the direction of the city council and used to finance costs of the
city and its municipal court as directed in advance by the city council.
Use of the municipal court building security fund is further limited
to finance the items as specified in V.T.C.A., Code of Criminal Procedure,
article 102.017 for the purpose of providing security services for
the building housing the municipal court.
(Ordinance adopting 1982 Code; Ordinance 215 adopted 6/9/99; 1982 Code, ch. 1, sec. 27(P); Ordinance
adopting 2015 Code)
(a)
Established.
(b)
Establishment of amount of the fee and assessment and collection.
(1)
The fee shall be in the amount of four dollars ($4.00).
(2)
The fee shall be assessed and collected from the defendant upon conviction
for a misdemeanor offense in the municipal court as a cost of court.
A defendant is considered convicted if:
(3)
The fee shall be collected on conviction for an offense committed
on or after September 14, 1999.
(4)
The clerk of the court shall collect the fee and pay the fee to the
city secretary who shall deposit the fee into the municipal court
technology fund.
(c)
Designated use of the fund and administration.
(Ordinance 220 adopted 9/14/99; Ordinance adopting 2015 Code)
(a)
A collection fee is hereby authorized and imposed, as provided
by article 103.0031, Texas Code of Criminal Procedure, in the amount
of 30% of debts and accounts receivable, such as unpaid fines, fees,
court costs, forfeited bonds, and restitution ordered paid by a municipal
court serving the city when such debt or account receivable is more
then 60 days past due and has been referred to an attorney or private
vendor for collection; and
(b)
A collection fee is hereby authorized and imposed, as provided
by article 103.0031, Texas Code of Criminal Procedure, in the amount
of 30% of amounts in cases in which the accused has failed to appear:
(1)
As promised under subchapter A, chapter 543, Transportation
Code, or other law;
(2)
In compliance with a lawful written notice to appear issued
under article 14.06(b) [of the Texas Code of Criminal Procedure] or
other law;
(3)
In compliance with a lawful summons issued under article 15.03(b),
Texas Code of Criminal Procedure;
(4)
In compliance with a lawful order of a court serving the city;
or
(5)
As specified in a citation, summons, or other notice authorized
by section 682.002, Transportation Code, that charges the accused
with a parking or stopping offense;
(c)
When such amounts are more than 60 days past due and have been
referred to an attorney or private vendor for collection.
(Ordinance 436 adopted 11/8/2022)
