There is established the position of judge of the municipal court, in accordance with the provisions of V.T.C.A., Government Code, sections 29.004 and 29.005.
(1984 Code, sec. 2-36; 1998 Code, sec. 8.201)
The appointment of the municipal judge shall be made for a term of office corresponding to the unexpired term of the mayor, and every two (2) years thereafter a judge shall be appointed for a term of two (2) years.
(1984 Code, sec. 2-37; 1998 Code, sec. 8.202; Ordinance adopting 2017 Code)
The municipal court and municipal judge shall have all of the duties and authority prescribed by state law.
(1984 Code, sec. 2-38; 1998 Code, sec. 8.203)
(a)
Article 45.203 of the Code of Criminal Procedure of the state states in part that a governing body of a city, by ordinance, may prescribe such rules not inconsistent with the laws of the state that it may deem proper to enforce, by execution against the property of a defendant, or imprisonment of the defendant, or the collection of fines imposed by a municipal court, and shall also have the powers to adopt such rules and regulations concerning the practices and procedures of the municipal court as the governing body may deem proper. The article further states that all such municipal courts may charge a special expense not to exceed $25.00 for the issuance and service of an arrest warrant for an offense under section 38.10, Texas Penal Code, or under V.T.C.A., Transportation Code, section 543.009. The special expense of $25.00 dealing with the requisites of a personal bond and a special expense for the issuance and service of an arrest warrant after due notice shall not exceed $25.00, and shall be paid unto the city treasury for the use and benefit of the city. Additionally the city council may, by ordinance, authorize a municipal court to collect a special expense for services performed in cases in which the laws of this state require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense. Such actions are limited to compliance with provisions of Texas Code of Criminal Procedure, article 45.0511. Such special expense shall not exceed the actual expense incurred for the services, or $10.00, whichever is less.
(b)
It is in the best interest of the city and the municipal court that an ordinance relating to the aforementioned special expenses be implemented, and the municipal court of the city is authorized to charge the maximum expense allowed by the laws of the state, such expense being $25.00 for the issuance of an arrest warrant relating to traffic fines, and a special expense of $10.00 relating to Texas Code of Criminal Procedure, article 45.0511, such act being the defensive driving course, to eliminate a moving violation type ticket.
(Ordinance adopted 8/17/87, secs. 1, 2; 1998 Code, sec. 8.204)
(a)
Establishment of fee.
A defendant convicted of a misdemeanor offense in the city municipal court will be required to pay a security fee of $3.00 as a cost of court.
(b)
Use of fees.
The security fees collected by city municipal court are to be deposited in a fund known as the municipal court building security fund. The collected fees are to be used for court security measures and services and continuing education on security issues, or as set forth in article 102.017, Code of Criminal Procedure.
(Ordinance 97 adopted 8/18/97; 1998 Code, sec. 8.205, app. A, art. 7.000)
(a)
Establishment of fee.
There shall be collected by the municipal court of the city a fee, designated as the technology fee, from all persons convicted of an offense in said court, as defined by the Texas Code of Criminal Procedure, section 102.0172. The amount of the fee shall be four dollars ($4.00) for each conviction.
(b)
Use of fees.
There is hereby created a technology fund for the municipal court of the city. All proceeds collected from the technology fee assessed against persons convicted of an offense in the municipal court shall be paid into the fund. The fund shall be used to purchase the equipment and software authorized by the Texas Code of Criminal Procedure, section 102.0172, as hereafter amended.
(Ordinance adopting 2017 Code)