Pursuant to V.T.C.A., Government Code, section 29.001 et seq.,
there is established a municipal court for the city.
(1989 Code, sec. 12-1; 2009 Code,
sec. 7.01.001)
(a)
The
office of judge of the municipal court for the city shall be filled
by appointment of the city council.
(b)
The
judge of the municipal court shall have the jurisdiction and perform
the duties as prescribed by the statutes and any other applicable
law of the state.
(c)
The
judge shall be appointed for a term of office running concurrently
with the term of office of the mayor. He shall receive such compensation
as the city council shall fix by ordinance or resolution and shall
furnish such bond as may be required by the city council; the premium
therefor shall be paid by the city.
(d)
The
position of temporary judge is hereby created and shall have the jurisdiction
and perform the duties as prescribed by the statutes and any other
applicable law of the state.
(e)
The
temporary judge shall be filled by appointment of the city council
and shall receive such compensation as the city council shall fix
by ordinance or resolution and shall furnish such bond as may be required
by the city council; the premium therefor shall be paid by the city.
(f)
The
temporary judge does not have a set term but shall serve at will;
such service shall be when requested by the municipal judge, or in
the event of the municipal judge’s inability due to absence,
illness, conflicts, or any other reason.
(1989 Code, sec. 12-2; Ordinance
272 adopted 7/17/08; 2009 Code, sec. 7.01.002)
(a)
Position established; appointment.
There is hereby created
and established the position of clerk of the municipal court, which
shall be filled by appointment by the city council.
(b)
Duties.
The duties of the clerk of the municipal court
shall be to administer oaths and affidavits, make certificates, affix
the seal of such court thereto, keep minutes of the proceedings of
the court, issue all processes and perform all things and acts usually
or necessarily performed by clerks of county courts in connection
with the court. The clerk shall make and have charge and control of
all collections arising from fines, costs and all other sources, and
shall safely keep all monies so collected, and daily deposit the same
with the city assessor and collector of taxes together with a daily
report of such collections. In addition to the duties herein enumerated,
the clerk shall discharge all of the duties attendant upon such position
as prescribed by the laws of the state and the ordinances of the city.
(c)
Deputies. There is hereby created and established the
position of deputy clerk of the municipal court, which shall be filled
by appointment by the city council. The deputy clerk(s) shall fulfill
the duties of the clerk of the municipal court when requested by the
clerk of the municipal court, or in the event of the clerk of the
municipal court's inability due to absence, illness, conflicts, or
any other reason.
(1989 Code, secs. 12-3, 12-4; 2009
Code, sec. 7.01.003; Ordinance
422 adopted 1/17/2023)
The clerk of the municipal court shall keep a docket in which
he shall enter the proceedings in each trial, which docket shall show:
(1)
The
style of the action;
(2)
The
nature of the offense charged;
(3)
The
date the warrant was issued and the return made thereon;
(4)
The
time when the examination of the trial was had, and, if a trial, whether
it was by a jury or by the court;
(5)
The
verdict of the jury, if any;
(6)
The
judgment and sentence of the court;
(7)
Motion
for new trial, if any, and the decision thereon;
(8)
If
an appeal was taken; and
(9)
The
time when, and the manner in which, the judgment and sentence was
enforced.
(1989 Code, sec. 12-5; 2009 Code,
sec. 7.01.004)
(a)
Duties of clerk.
The clerk of the municipal court shall
receive, prepare and file all complaints.
(b)
Form.
All proceedings in the municipal court shall be
commenced by a complaint which shall begin, “In the name and
by the authority of the State of Texas,” and shall conclude,
“Contrary to the ordinances of the City of Bandera, and contrary
to the statutes in such cases made and provided, and against the peace
and dignity of the State.” Such complaint may be sworn to before
any person authorized by law to administer oaths or before the judge,
clerk of the court, city secretary or city attorney, each of whom
for that purpose shall have the power to administer authority [oaths].
(c)
Contents.
The complaint shall state:
(1)
The name of the accused, if known, and if unknown shall describe
him as accurately as practicable;
(2)
The offense with which he is charged, in plain and intelligible words;
(3)
That the offense was committed in the county in which the complaint
is made; and
(4)
It must show, from the date of the offense stated therein, that the
offense is not barred by limitation.
(1989 Code, secs. 12-6—12-8; 2009 Code, sec. 7.01.005)
If the defendant named in a complaint filed in the municipal
court of the city is not in the custody of an officer or other person
authorized to make an arrest, a warrant shall be issued by the judge
of such court, directed to the chief of police or any police officer,
commanding such chief of police or any police officer to forthwith
arrest the person named or described therein and to bring the person
named or described therein before the judge of such court for a hearing
upon the complaint.
(1989 Code, sec. 12-9; 2009 Code,
sec. 7.01.006)
The provisions of V.T.C.A., Government Code, section 29.001
et seq., and Vernon’s Ann. C.C.P. article 45.001 et seq., shall
govern the procedure, practice and administration of the municipal
court in the city. The city council may prescribe such additional
rules as are not inconsistent with the law creating the municipal
court or in conflict with the general laws of the state.
(1989 Code, sec. 12-10; 2009 Code,
sec. 7.01.007)
All cases coming before the municipal court shall be tried and
disposed of in open court.
(1989 Code, sec. 12-11; 2009 Code,
sec. 7.01.008)
(a)
The
complaint shall be read to the defendant, who shall plead thereto,
and the plea shall be entered upon his docket by the judge of the
municipal court. All pleas must be made to such judge by the defendant
or his legal representative.
(b)
Should
the defendant plead guilty before such municipal court, the judge
thereof shall thereupon enter the plea on the judge’s docket
and assess such fine and costs as may be authorized by law or by the
ordinances of the city. If a plea of not guilty shall be entered to
the complaint, a trial shall be had, either by the court or by a jury,
as the defendant may elect.
(1989 Code, sec. 12-12; 2009 Code,
sec. 7.01.009)
Judgment shall be rendered in the municipal court for dismissal
or for a fine and costs as the facts may appear.
(1989 Code, sec. 12-13; 2009 Code,
sec. 7.01.010)
Jurors in the municipal court who serve in the trial of cases
in such court shall receive no less than six dollars ($6.00) in each
case in which they sit as jurors, provided that no juror in such court
shall receive more than thirty dollars ($30.00) for each day or fraction
of a day he may so serve as such juror. All persons responding to
the process of the court but who are excused by the court from jury
service for any cause, after being tested on their voir dire, shall
receive six dollars ($6.00). The amount due jurors shall be paid by
the city treasurer upon the certificate of the clerk of the court,
which certificate shall state the service, when rendered, by whom
rendered and the amount due therefor.
(1989 Code, sec. 12-14; 2009 Code,
sec. 7.01.011)
There shall be taxed against each defendant convicted by a jury
in the municipal court of the city the same jury fees.
(1989 Code, sec. 12-15; 2009 Code,
sec. 7.01.012; Ordinance adopting 2023 Code)
All fines and costs assessed by the municipal court shall be
paid to the clerk of the municipal court or some officer designated
by him to receive the same. The chief of police shall have the custody
of all defendants against whom fines and costs have been assessed
until such fines and costs are liquidated.
(1989 Code, sec. 12-16; 2009 Code,
sec. 7.01.013)
(a)
A
collection fee in the amount of thirty percent (30%) of any municipal
court debt or account receivable that is more than 60 days past due
is hereby established and authorized in the city pursuant to article
103.0031 Texas Code of Criminal Procedure.
(b)
The
collection fee shall apply to fines, court costs, forfeited bonds,
and restitution ordered paid by the municipal court when such fines,
courts costs, forfeited bonds, or restitution is more than sixty (60)
days past due, has been referred to an attorney or private vendor
for collection and the offense was committed on or after June 18,
2003. Further, such fee is imposed in cases in which the accused has
failed to appear:
(1)
As promised under subchapter A, chapter 543, Texas Transportation
Code, or other law;
(2)
In compliance with a lawful written notice to appear issued under
article 14.06(b), Texas Code of Criminal Procedure, or other law;
(3)
In compliance with a lawful summons issued under article 15.03(b),
Texas Code of Criminal Procedure, or other law;
(4)
In compliance with a lawful order of a court serving the city; or
(5)
As specified in a citation, summons, or other notice authorized by
section 682.002, Texas Transportation Code, that charges the accused
with a parking or stopping offense.
(Ordinance 281 adopted 5/6/10; 2009 Code, sec. 7.01.014)
