(a) 
Pursuant to Texas Government Code section 30.0003 [30.00003], the city council hereby establishes the city municipal court as a municipal court of record in order to provide a more efficient disposition of cases arising in the city and more effectively enforce the ordinances of the city. The municipal court shall become a municipal court of record from and after February 4, 2003, and shall be designated the “Municipal Court of Record in the City of Forest Hill, Texas.”
(b) 
All prosecutions in the municipal court of record shall be conducted as provided in Texas C.C.P. article 45.201. Complaints and pleadings must substantially conform to the relevant provisions of Texas C.C.P. chapters 27 and 45.
(1998 Code, sec. 78-1; Ordinance 200317, sec. 1, adopted 2/4/03; Ordinance 2008122, sec. 2 (78-.01), adopted 10/21/08; 2013 Code, sec. 32-1)
The municipal court of record has the jurisdiction and authority provided by Texas Government Code section 30.00005, as amended from time to time, and shall have:
(1) 
Criminal jurisdiction for the purpose of enforcing municipal ordinances, including but not limited to those enacted under ordinances authorized by Texas Local Government Code sections 215.072, 217.042, 341.903 and 551.002;
(2) 
Concurrent jurisdiction with a justice court in any precinct in which the city is located in criminal cases that arise within the territorial limits of the city and are punishable only by fine;
(3) 
Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Local Government Code (Texas Local Government Code section 214.001 et seq.), or subchapter E, chapter 683, Transportation Code (Texas Transportation Code section 683.071 et seq.);
(4) 
Concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, of the Texas Local Government Code (Texas Local Government Code section 54.011 [54.012] et seq.), within the city’s territorial limits and property owned by the city located in the city’s extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances;
(5) 
Authority to issue:
(A) 
Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
(B) 
Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises;
(6) 
Such other authority as is provided by law.
(1998 Code, sec. 78-2; Ordinance 200317, sec. 1, adopted 2/4/03; Ordinance 2008122, sec. 2 (78-.02), adopted 10/21/08; 2013 Code, sec. 32-2)
This municipal court of record is established pursuant to the authority granted in Texas Government Code chapter 30, and the terms set forth therein are hereby adopted and incorporated herein for all purposes.
(1998 Code, sec. 78-3; Ordinance 200317, sec. 1, adopted 2/4/03; Ordinance 2008122, sec. 2 (78-.03), adopted 10/21/08; 2013 Code, sec. 32-3)
(a) 
Establishment of office; appointment; compensation; qualifications.
The municipal court of record shall be presided over by a municipal judge appointed and compensated as may be set by the city council according to the provisions of section 5.02 of the city charter and Texas Government Code section 30.00006. The municipal judge must be a licensed attorney in good standing in the state and must have two or more years of experience in the practice of law in the state. The municipal judge must be a citizen of the United States and a resident of the state. A person may not serve as a municipal judge if the person is employed by the city in any other position and a municipal judge who accepts any such employment with the city vacates the judicial office.
(b) 
Alternate judge.
An alternate municipal court judge may be appointed and compensated by the city council according to the provisions of section 5.02 of the city charter.
(c) 
Supervision and control of court.
The municipal judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court of record, including the court personnel, during the proceedings or docket of the court according to Texas Government Code sections 30.00006 and 30.00009. At all other times, the operation and clerical functions of the administrative department of the municipal court of record shall be under the supervision and direction of the city manager or designee.
(d) 
Removal of judge.
In conformity with Texas Government Code section 30.000085, the municipal judge may be removed from office by the city council.
(1998 Code, sec. 78-4; Ordinance 200317, sec. 1, adopted 2/4/03; Ordinance 2008122, sec. 2 (78-.04), adopted 10/21/08; 2013 Code, sec. 32-4)
(a) 
Clerk and other personnel.
Pursuant to section 4.04 of the city charter and Texas Government Code section 30.00009, the city manager has the authority to appoint a clerk of the municipal court of record, who shall be known as the municipal court clerk. The municipal court clerk shall keep the records of the municipal court of record, issue process, and generally perform the duties of a clerk of a county court at law exercising criminal jurisdiction. In the annual budget, the city council may provide for deputy clerks, warrant officers, and other personnel as needed for the proper operation of the municipal court of record. The municipal court clerk shall supervise the selection of persons for jury service in the municipal court of record. Trial by jury, including the summoning of jurors, must substantially conform to Texas C.C.P. chapter 45.
(b) 
Seal.
The court clerk is directed to acquire a seal in conformance with state law for the municipal court of record. The appearance and use of the seal must substantially conform to Texas C.C.P. article 45.012(g), but must also include the phrase “Municipal Court of Forest Hill, Texas” or “Municipal Court in Forest Hill, Texas.”
(c) 
Court reporter.
A court reporter shall be provided to preserve the record in cases tried before the municipal court according to Texas Government Code section 30.00010. The court reporter must meet the qualifications provided by law for official court reporters. The court reporter or court staff 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 court reporter or court staff are not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. If a record is made, it shall be kept for the 20-day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. The court reporter is not required to be present during proceedings of the municipal court of record, provided that proceedings that are required to be recorded are recorded by a good quality electronic recording device. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.
(1998 Code, sec. 78-5; Ordinance 200317, sec. 1, adopted 2/4/03; Ordinance 2008122, sec. 2 (78-.05), adopted 10/21/08; 2013 Code, sec. 32-5)
(a) 
Right of appeal.
A defendant has the right of appeal from a judgment or conviction in the municipal court of record. The state has the right to appeal as provided by Texas C.C.P. article 44.01. Such appeals shall be in accordance with and conform to Texas Government Code sections 30.00014–30.00027.
(b) 
Transcript preparation fee.
In the event of an appeal, the appellant shall pay 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 transcript preparation fee of $25.00 shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to Texas Government Code sections 30.00014 and 30.00019.
(1998 Code, sec. 78-6; Ordinance 200317, sec. 1, adopted 2/4/03; Ordinance 2008122, sec. 2 (78-.06), adopted 10/21/08; 2013 Code, sec. 32-6)
(a) 
Established.
(1) 
There is hereby created and established a municipal court technology fund, herein known as the fund, pursuant to Texas C.C.P. article 102.0172.
(2) 
The fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.
(b) 
Amount of fee; assessment and collection.
(1) 
The fee shall be in the amount of $4.00.
(2) 
The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the city municipal court as a cost of court. A defendant is considered convicted if:
(A) 
Judgment, sentence or both are imposed on the person;
(B) 
The person is placed on deferred disposition; or
(C) 
The court defers final disposition or imposition of the judgment and sentence.
(c) 
Designated use of fund; administration.
(1) 
The fund shall be used only for the purpose of financing the purchase of or to maintain technology enhancements for the municipal court of the city. The term “technology enhancements” includes any and all items described in Texas C.C.P. article 102.0172.
(2) 
The fund shall be administered by or under the direction of the city council.
(1998 Code, sec. 78-12; Ordinance 990111, secs. I–III, adopted 9/21/99; Ordinance 200872, secs. 1–3, adopted 7/1/08; 2013 Code, sec. 32-12)
(a) 
There is hereby created and established a municipal court building security fund (the “fund”) pursuant to Texas C.C.P. article 102.017.
(b) 
The municipal court of the city (the “municipal court”) is hereby authorized and required to assess a municipal court building security fee (the “fee”) in the amount of $3.00 against all defendants convicted of a misdemeanor offense by the municipal court. Each misdemeanor conviction shall be subject to a separate assessment of the fee.
(c) 
A person is considered to have been convicted in a case if:
(1) 
Judgment, sentence or both are imposed on the person;
(2) 
The person receives deferred disposition; or
(3) 
The court defers final disposition or imposition of the judgment and sentence.
(d) 
The municipal court clerk is hereby authorized and required to collect the fee and to pay same to the treasury of the city. All fees so collected and paid over to the treasury of the city shall be segregated in the fund.
(e) 
The fund shall be used only for the purpose of financing the purchase of security devices and/or services for the building or buildings housing the municipal court of the city. The term “security devices and/or services” includes any and all items described in Texas C.C.P. article 102.017(d).
(f) 
The fund shall be administered by or under the direction of the city council.
(1998 Code, sec. 78-13; Ordinance 200664, secs. I–IV, adopted 8/8/06; Ordinance 200871, sec. I, adopted 7/1/08; 2013 Code, sec. 32-13)
(a) 
Established.
There is hereby created and established a juvenile case manager fund pursuant to Texas C.C.P. article 102.0174. The fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.
(b) 
Designated use of fund.
The fund shall be used only to finance the salary and benefits of a juvenile case manager that is employed by the municipal court of the city under Texas C.C.P. article 45.056(a).
(c) 
Fee.
The fee shall be $5.00, unless a greater sum is allowed by state law, in which case the amount of the fee shall be the maximum amount allowed by state law. The fee:
(1) 
Shall be assessed and collected from a defendant who is convicted of a misdemeanor offense punishable by fine only in the city municipal court as a cost of court. For purposes of this section, a defendant is considered convicted of an offense if:
(A) 
A sentence is imposed on the defendant by the court; or
(B) 
The defendant receives deferred disposition from the court, including deferred proceedings under Texas C.C.P. article 45.052 or 45.053;
(2) 
Shall be collected on conviction for an offense committed on or after January 1, 2011;
(3) 
May be waived by the municipal court judge in cases of demonstrated financial hardship on the part of a convicted defendant if the defendant is indigent, has insufficient resources or income to pay the fee, or is otherwise unable to pay all or part of the underlying fine or costs;
(4) 
Shall be collected by the court clerk and paid to the director of finance for deposit into the fund established under subsection (a) of this section.
(d) 
Juvenile case managers.
The city council hereby authorizes the municipal court of the city to employ one or more full-time or part-time juvenile case managers to provide services in cases involving juvenile offenders before the court consistent with the court’s statutory powers.
(Ordinance 2010-11-001, sec. 2, adopted 11/16/10; 2013 Code, sec. 32-14)