The municipal court shall have jurisdiction over all matters,
civil and criminal, given or permitted to municipal courts of the
state and ordinances of the municipal courts by the city.
(Ordinance 211-15 adopted 7/13/15)
Every act of omission in violation of any ordinance of the city,
now in force or that may hereafter be passed, which is declared to
be a misdemeanor by any ordinance now in force, or that may hereafter
be passed, shall be held and defined to be a misdemeanor. Whenever
anything is forbidden or declared not to be lawful, or is declared
to be unlawful, or declared to be a duty, by the ordinances of the
city, anyone doing the thing forbidden or declared not to be lawful,
or declared to be unlawful, or failing to do the things prescribed
as a duty, shall be guilty of a misdemeanor, notwithstanding there
be no words in such ordinance expressly declaring the same to be a
misdemeanor.
(Ordinance 211-15 adopted 7/13/15)
(a) The
court shall be presided over by the duly designated municipal court
judge.
(b) The
complaint, seal, prosecution, service of process and commitment in
the court shall comply with the Texas Code of Criminal Procedure or
other applicable law.
(Ordinance 211-15 adopted 7/13/15)
(a) All
powers, duties, and responsibilities of the municipal court shall
be exercised by the judge of the municipal court, who will be appointed
by the city council. The compensation of the judge will be set by
the city council.
(b) The
judge of the municipal court shall establish such procedures, rules,
and practices as he deems proper for the efficient handling of the
court’s business. He shall report to the city council, through
the city manager, at such times as the city manager may direct, concerning
the business and operation of the court. Concerning the administration
and operation of the municipal court, the judge shall be responsible
to the city manager.
(c) Neither
the city council, any member of the city council, or the city manager
shall attempt to influence any decision of the municipal court in
any case pending before it.
(Ordinance 211-15 adopted 7/13/15)
All fees, court costs, fines, bond forfeitures, and all other
funds received by the municipal court shall be public funds, and shall
be paid into the city treasury. The city manager or his designee and
the judge of the municipal court shall establish procedures for the
handling of and accounting for all such funds.
(Ordinance 211-15 adopted 7/13/15)
(a) Bail
or bond in any case shall be set by the judge, or under his direction.
Such bail or bond shall be a duly executed surety bond approved by
the judge or under his direction. Any person arrested for an offense
within the jurisdiction of the court may be admitted to bail upon
executing a bond to the city with sufficient security, to be approved
by the judge or under his direction, in double the amount of the acceptable
cash escrow deposit set for such case, not to exceed double the amount
of the highest penalty provided for such offense. Said bond conditioned
that the defendant shall appear upon a day and at an hour to be set
by the judge, or under his direction, to answer for the violation
of which he is accused, and there to await his or her trial and shall
appear from day to day and from time to time until the case is finally
disposed of, which said bond shall be returned to the judge and filed
in the office of the clerk.
(b) Appeal
bonds shall be executed in the manner and form as provided by statute
for the Justice of Peace Courts.
(c) The
aforementioned bonds shall be forfeited in the manner prescribed by
the Texas Code of Criminal Procedure.
(Ordinance 211-15 adopted 7/13/15)
(a) Every
person shall be entitled to a trial by jury, and shall be responsible
for notifying the judge to place the case upon the jury docket at
least three (3) days before the actual trial of the case begins. Upon
failure of a person to notify the judge of the desire for a jury trial,
a nonjury trial shall be conducted.
(b) Members
of the jury panel shall be qualified as required by state law for
jurors in the Courts of the Justice of the peace.
(Ordinance 211-15 adopted 7/13/15)
The judge of the municipal court, with the approval of the city
manager, may appoint such clerks, administrative assistants, or other
personnel as are necessary for the efficient operation of the court.
(Ordinance 211-15 adopted 7/13/15)
The records of the municipal court are declared to be records
of the city and as such are public records, except as authorized by
the laws of the state. The maintenance, storage and disposal of the
municipal court’s records shall be in accordance with the laws
of the state and the ordinances and policies of the city, its records
may be maintained and stored either on paper or by computer to effect
administrative efficiency.
(Ordinance 211-15 adopted 7/13/15)