The city municipal court referred to in this Code shall be those
municipal courts of record previously established or which may be
established in the future pursuant to V.T.C.A., Government Code § 30.00601
et seq.
(Ordinance 6395 adopted 5/22/1984)
The city municipal court shall have exclusive original jurisdiction
within the corporate limits of the City, in all criminal cases arising
under the provisions of this Code or the ordinances of the City in
which punishment is by fine only and where the maximum of such fine
does not exceed $1,000.00 in all cases arising under the ordinances
of the City, that govern fire safety, zoning and public health and
sanitation other than vegetation and litter violations; and where
the maximum of such fine does not exceed $200.00 in all other cases
arising under the ordinances of the City. Said court shall also have
concurrent jurisdiction with any justice of the peace in any precinct
in which the City is situated in all criminal cases arising under
the criminal laws of this state, in which punishment is by fine only,
and where the maximum of such fine may not exceed $200.00, and arising
within such corporate limits.
(Ordinance 6395 adopted 5/22/1984)
The municipal court shall hold no terms but may sit at any time.
(Ordinance 6395 adopted 5/22/1984)
The city municipal court shall be presided over by a judge,
who shall be known as the "judge of the municipal court." Such judge
shall be a licensed attorney in good standing in this state and a
citizen of the United States and of this state. He need not be a resident
of the City at the time of his appointment, but he shall maintain
his residence in the City during his tenure of office. He shall devote
his entire time to the duties of his office and shall not engage in
the private practice of law while in office. He shall be appointed
by the City Council and shall be paid a salary as determined by the
City Council. The salary shall not be based on or in any way contingent
on the fines, fees, or costs collected by the municipal court.
If more than one municipal court is established or created pursuant
to V.T.C.A., Local Government Code § 30.00601 et seq., a
judge shall be appointed for each court by the City Council who shall
have the same qualifications and hold office under the same conditions
set forth in this Section. However, the City Council shall designate
one judge to be the presiding judge.
(Ordinance 6395 adopted 5/22/1984)
It shall be the duty and responsibility of the presiding judge,
in addition to all other duties of his office, to administer and manage
the operations of the municipal court. All personnel of the municipal
court, as are provided by the City Council for the proper operation
of the municipal court, shall perform their duties of office under
the direction and control of the presiding judge and in his absence
the most senior available judge. The presiding judge may appoint a
court administrator to assist him in the management and supervision
of the municipal court personnel.
The city personnel policies and rules shall be applicable to
all municipal court personnel, except all municipal court judges shall
serve and hold office solely at the pleasure of the City Council.
(Ordinance 6395 adopted 5/22/1984)
The City Council may appoint one or more associate judges to
sit for any municipal court judge while such judge or judges are temporarily
unable to act for any reason or to assist them. Any such associate
judge shall be a local attorney, and shall receive such payment as
may be determined by the City Council.
(Ordinance 6395 adopted 5/22/1984)
The provisions of V.T.C.A., Local Government Code § 30.00601
et seq., and the general laws of the state regarding municipal courts,
and regarding justice courts on matters where there is no law for
municipal courts, and the valid Charter provisions and ordinances
of the City, relating to the municipal court apply to the city municipal
court, unless the laws, Charter provisions, and ordinances are in
conflict or inconsistent with the provisions of V.T.C.A., Local Government
Code § 30.00601 et seq., in which case its provisions shall
control.
(Ordinance 6395 adopted 5/22/1984)
The municipal court shall possess all powers necessary for the
exercise of its jurisdiction and the enforcement of its lawful orders,
including authority to issue such writs and orders as may be necessary
or proper in aid of its jurisdiction. It has the duty to require that
proceedings shall be conducted with dignity and in an orderly and
expeditious manner and to so control the proceedings that justice
is done.
(Ordinance 6395 adopted 5/22/1984)
The city municipal court shall have the power to punish for
contempt. The municipal court may punish by a fine of not more than
$100.00, or by confinement in the city jail for not more than three
days, or both, any person guilty of contempt of the court.
(Ordinance 6395 adopted 5/22/1984)
A judge of the city municipal court shall have the power to
take recognizances, admit to bail and to forfeit recognizances and
bail bonds under such rules as govern such taking and forfeiture in
the county court.
(Ordinance 6395 adopted 5/22/1984)
A judge of the city municipal court shall have the power to
issue any process necessary to require the attendance of any person
as a witness in any case pending before the court. Any person failing
or refusing to obey such process or failing or refusing to testify
shall be guilty of contempt of court.
(Ordinance 6395 adopted 5/22/1984)
All process issuing out of the municipal court may be served
and shall be served when directed by the court, by a warrant officer
or policeman of the City, under the same rules as are provided by
law for service by sheriffs and constables of process issuing out
of the justice court, so far as applicable.
(Ordinance 6395 adopted 5/22/1984)
Proceedings, other than uncontested parking tickets, in the
city municipal court shall be commenced by complaint which shall begin:
"In the name and by authority of the State of Texas"; and shall conclude:
"Against the peace and dignity of the State"; and if the offense is
only covered by an ordinance, it may also conclude: "Contrary to the
said ordinance." Complaints before such court may be sworn to before
any officer authorized to administer oaths, or before the judge, clerk
of the court, city secretary, city attorney or his deputy or assistants,
each of whom, for that purpose, shall have the power to administer
oaths.
(Ordinance 6395 adopted 5/22/1984)
There shall be paid into the city treasury for the use and benefit
of the City, all fines imposed by the municipal court; a special expense,
not to exceed $25.00, for the issuance and service of a warrant of
arrest for an offense under V.T.C.A., Penal Code § 38.10,
or under V.T.C.A., Transportation Code § 543.009; the special
expenses described in Vernon's Ann. C.C.P. art. 17.04 dealing with
the requisites of a personal bond and a special expense for the issuance
and service of a warrant of arrest, after due notice, not to exceed
$25.00; and any other lawful fees or special expenses. Upon the conviction
of a defendant in the city municipal court, a fee of $1.00 shall be
assessed against the defendant for each witness summonsed at his request.
(Ordinance 6395 adopted 5/22/1984; Ordinance 6698 adopted 9/23/1986)
When the defendant has been convicted of any offense over which
the municipal court has jurisdiction, a judge may direct that he pay
the fine forthwith, at some later date, or in installments at designated
intervals and that in default of payments as therein stipulated he
be imprisoned until the fine is satisfied in full. Unless such direction
is noted in the court papers, and the defendant signs a written promise
to pay in accordance therewith, the fine shall be payable forthwith.
It is expressly provided, however, that if the defendant has duly
posted an appearance bond, appeal bond, or cash escrow deposit the
convicted party shall remain free pending the further disposition
of his case.
Before the judge may allow a defendant to pay a fine within
a limited time exceeding 15 days or by installments, he shall require
a pauper's oath or affirmation from the defendant, who, after a conviction
and assessment of a fine, represents to the court that he is financially
unable to pay said fine. Upon filing of such oath or affirmation,
the court may hold a separate hearing to determine said defendant's
financial ability to pay, and, after making such determination, incorporate
its findings into the judgment.
(Ordinance 6395 adopted 5/22/1984)
The provisions of state law, now or hereafter in effect, shall
regulate the amount to be paid as jury fees and witness fees. The
City Council shall, by resolution, set such fees in accordance with
state law. A municipal court judge, other than an associate judge,
and the court administrator, or the court clerk in the absence of
the court administrator, shall pay such fees by check drawn on a bank
account to be known as the jury fund account. Such jury fund bank
account shall be funded as necessary in accordance with the court's
budget, and such account shall be periodically audited at least once
each fiscal year by the city finance director and established with
his assistance. Upon the conviction of a defendant in the city municipal
court, a jury fee of $2.00 shall be assessed against the defendant
where a jury is actually summonsed at the defendant's request.
(Ordinance 6395 adopted 5/22/1984; Ordinance 6698 adopted 9/23/1986)
All cash bail bonds, and cash appeal bonds, shall be deposited
in a bank account to be known as the municipal court bond account.
However, the court shall not be required to deposit and, in the option
of the presiding judge, may retain on hand a total amount of such
cash deposits of $1,500.00. All such monies properly deposited in
such account shall not be deemed public funds until such cash bonds
have been properly forfeited by court order. Any such cash bonds not
forfeited shall be returned upon court instructions to the defendant
posting such bond from cash on hand or by check drawn on such bank
account by a municipal court judge, other than an associate judge,
and the court administrator, or the court clerk in the absence of
the court administrator. All cash bonds properly forfeited shall periodically
be withdrawn from such bank account by check of the court and properly
deposited in an appropriate city account. The city finance director
shall periodically audit at least once each fiscal year such municipal
court bond account which shall be established with said finance director's
assistance.
(Ordinance 6395 adopted 5/22/1984)
A defendant shall have the right of appeal from a judgment of
conviction in the municipal court under the rules prescribed in V.T.C.A.,
Local Government Code § 30.00601 et seq. The cost to the
defendant for the preparation of a true transcript and/or statement
of facts for the purposes of appeal shall be the sum of $15.00 for
the transmission of same and the further sum of $4.00 for each page
or portion thereof which is included in said transcript as a statement
of facts. Provided, however, the defendant shall not be held liable
for the added charge per page for any portion of the proceedings in
the municipal court which are included in the sole instruction of
the prosecuting attorney. If the disposition of the appeal by the
appellant court is to either reverse or remand the cause for a new
trial, or to reverse and dismiss the cause, the City shall refund
all costs paid by defendant under this Section and the City shall
bear the cost of the appeal.
(Ordinance 6395 adopted 5/22/1984)
(A)
In
accordance with Article 102.017 of the Texas Code of Criminal Procedure,
a defendant convicted in a trial for a misdemeanor offense in a municipal
court is required to pay a $3.00 security fee as a cost of court,
in addition to all other fees imposed. In this ordinance a person
is considered convicted if:
(B)
The
clerks of the court shall collect the costs and pay them to the municipal
treasurer for deposit in a fund to be known as the municipal court
building security fund. The fund designated by this subsection may
be used only to finance the following items when used for the purpose
of providing security services for buildings housing a municipal court:
(1)
The purchase or repair of X-ray machines and conveying systems;
(2)
Handheld metal detectors;
(3)
Walkthrough metal detectors;
(4)
Identification cards and systems;
(5)
Electronic locking and surveillance equipment;
(6)
Bailiffs or contract security personnel during times when they are
providing appropriate security services;
(7)
Signage;
(8)
Confiscated weapon inventory and tracking systems; or
(9)
Locks, chains, or other security hardware.
(C)
The
municipal court building security fund shall be administered by or
under the direction of the governing body of the municipality.
(Ordinance 8200, sec. 1, adopted 12/16/2003)
The municipal court clerk may collect a reimbursement fee of
two and one-half percent for processing each payment, by credit or
debit card, of a fee, fine, court cost or other charge assessed by
the municipal court.
(Ordinance 10089, sec. 1, adopted 7/14/2020)
