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.
(1980 Code, ch. 7, sec. 4(A))
(a)
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 as required by state law. The amount of compensation
to the judge shall be set from time to time by the city council.
(b)
The
judge of the municipal court, prior to taking office, shall take the
oath of office required by the state constitution and the state laws.
This is the oath required by the state for the mayors of cities.
(c)
The
mayor of the city shall be ex-officio judge of the municipal court
and, as such, shall have and exercise the authority, jurisdiction,
and power which are conferred by law upon the judge. In case of the
absence, disqualification, or inability of the mayor, for any cause,
to act, then the mayor pro tem shall act as such judge.
(1980 Code, ch. 7, sec. 4(B)–(D))
(a)
The
city secretary shall serve as court clerk for the city. The city council
may also appoint such deputy clerks as may be necessary for the efficient
operation of the municipal court.
(b)
The
clerk of the municipal court and such deputy clerks as may be appointed
shall perform all the duties and have all the powers bestowed upon
clerks of municipal courts by state law.
(1980 Code, ch. 7, sec. 4(E), (F))
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 procedure as are not inconsistent with state
law.
(1980 Code, ch. 7, sec. 4(G))
(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)
Issuance of receipt for payment of bail.
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.
(d)
The
same procedure shall apply whether or not the person who has deposited
money is present and 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.
(1980 Code, ch. 7, sec. 4(H))
(a)
There
is hereby created and established a municipal court technology fund,
known as the fund, pursuant to article 102.0172 of the Code of Criminal
Procedure.
(b)
The
fund may be maintained in an interest-bearing account and may be maintained
in the general revenue account.
(Ordinance 402, sec. 1, adopted 9/20/99)
(a)
The
fee shall be in the amount of four dollars.
(b)
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:
(c)
The
fee shall be collected on conviction for an offense committed on or
after September 21, 1999.
(d)
The
clerk of the court shall collect the fee and pay the fee to the municipal
treasurer of the city, who shall deposit the fee into the municipal
court technology fund.
(Ordinance 402, sec. 2, adopted 9/20/99)
(a)
The
fund shall be used only to finance the purchase of technological enhancements
for the municipal court of the city including those items as specified
in V.T.C.A., Code of Criminal Procedure, article 102.0172.
(b)
The
fund shall be administered by or under the direction of the city council.
(Ordinance 402, sec. 3, adopted 9/20/99; Ordinance adopting Code)
