The town council hereby establishes the municipal court, which
shall be operated in accordance with the constitution and laws of
the state.
(1998 Code, sec. 34.01)
The town attorney shall serve as the prosecuting attorney in
the municipal court.
(1998 Code, sec. 34.05)
(a)
There
shall be appointed by the police chief one or more officers to serve
as the bailiff for each session of the municipal court.
(b)
Such
appointed bailiff shall, when so directed, serve under the direction
of the municipal judge during sessions of the municipal court.
(c)
The
bailiffs shall meet all qualifications as set by the municipal court
judge for the town.
(d)
Compensation
for service as bailiff shall be set by the town manager.
(1998 Code, sec. 34.06; Ordinance
adopting Code)
A nonrefundable fee shall be charged as a special expense each
time a person requests to take a driving safety course for the purpose
of having the charge dismissed after the successful completion of
the course. The fee shall be paid into the town treasury to recover
the costs incurred by the town in processing the person’s request
for driving safety school. The fee is to be paid to the municipal
court at the time the defensive driving course is requested.
(1998 Code, sec. 70.04; Ordinance
adopting Code)
(a)
There
is hereby created a municipal court building security fund. This fund
shall be administered under the direction of the governing body of
the town.
(b)
All
defendants convicted in a trial for a misdemeanor offense in municipal
court shall be required to pay a $3 security fee as a cost of court.
A person is considered convicted for purposes of this section if a
sentence is imposed on the person, the person receives community supervision,
including deferred adjudication, or the court defers final disposition
of the person’s case. The security fee shall be collected by
the municipal court clerk and paid to the official who discharges
the duties of municipal treasurer for deposit in the municipal court
building security fund.
(c)
The
municipal court building security fund may be used only to finance
the items specified in V.T.C.A., Code of Criminal Procedure, article
102.017.
(1998 Code, sec. 34.07; Ordinance
adopting Code)
(a)
Fund established.
(1)
There is hereby created and established a municipal court technology
fund, hereinafter referred to as the “fund,” pursuant
to Tex. Code Crim. Proc. art. 102.0172. The fund is to be funded by
100% of the technology fee assessed to each misdemeanor conviction
originating after September 1, 1999, as directed by the state, and
to be used as directed by the state.
(2)
The fund may be maintained in an interest-bearing account and may
be maintained in the general revenue account.
(b)
Fee established; assessment and collection of fee.
(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 town 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 1, 1999.
(4)
The court clerk shall collect the fee and pay the fee to the finance
director, who shall deposit the fee into the municipal court technology
fund.
(1998 Code, sec. 34.08; Ordinance
adopting Code)
(a)
Payment of fees or costs by credit card or electronic means.
The municipal court clerk and any other municipal officer collecting
fees, fines, court costs and other charges for the municipal court
for the town are hereby authorized to accept payment by credit card
of such fees, fines, court costs or other charges and to collect a
fee for processing the payment by credit card.
(b)
Processing or handling fee.
The municipal court clerk
and any other municipal officer is hereby authorized and directed
to assess a processing fee of three (3%) percent of the amount of
the fee, fine, court cost, or other charge being paid by the use of
a credit card, as an amount reasonably necessary and related to the
expense incurred by the town, as authorized by section 132.003(b),
Texas Local Government Code.
(c)
Service charge.
If for any reason a payment by credit card is not honored by the credit card company on which the funds are drawn, the municipal officer shall collect a service charge from the person who owes the fee, fine, court cost, or other charge to the town. The service charge is in addition to the original fee, fine, court cost, or other charge and is for the collection of that original amount. The amount of the service charge shall be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds, as authorized by section 132.004, Texas Local Government Code and as said fee is set forth in appendix A to this code [sic].
(d)
Encumbrance of credit cards.
The town is hereby authorized
to enter into agreements with companies which issue credit cards to
collect and seize credit cards issued by the company that are outdated
or otherwise unauthorized and the town is further authorized to charge
the company a fee for the return of said credit cards, as authorized
by section 132.005, Texas Local Government Code.
(e)
Disposition of fees and charges.
Processing fees and
service charges collected pursuant to this section shall be deposited
in the general fund of the town, as provided by section 132.006(b),
Texas Local Government Code.
(Ordinance 2011-9-22A adopted 10/1/11; Ordinance 2013-10-1F, sec. 2, adopted 10/1/13)
In accordance with article 103.0031 of the Texas Code of Criminal
Procedure, there is hereby imposed an additional fee of thirty percent
(30%) on all debts and accounts receivable, i.e.: fines, fees, court
costs, restitution, and other debts that are more than sixty (60)
days past due and have been referred to Perdue, a private firm, for
collection.
(Ordinance 2014-6-3-10B adopted 6/3/14)
