The judge of the municipal court of the city shall be known
as the “recorder of the corporation court” which court
shall have jurisdiction within the territorial limits of such city
in all criminal cases arising under the ordinances of the city, and
shall have concurrent jurisdiction with any justice of the peace in
precinct 1 of McLennan County, Texas wherein such city is situated,
in all criminal cases arising under the criminal laws of the state,
in which punishment is by fine only, and where the maximum of such
fine may not exceed the amount established by state law, and arising
within the territorial limits of such city. The recorder of such court
shall be an adult resident citizen of such city. He shall hold court
at such times and places as deemed by him necessary, reasonable, proper
and expedient. He shall keep accurate records and accounts of all
fines and other money paid in to his court during his term of office.
A vacancy in the office of the recorder or clerk of such court shall
be filled by the city council for the unexpired term only. The recorder
first appointed shall hold his term of office corresponding to the
unexpired term of the mayor of such city, and thereafter a recorder
shall be appointed for a term of two years. All recorders of said
municipal court shall hold office for the term appointed and until
their successors have been appointed subject, however, to sooner termination
for cause, or by resignation or death of the recorder.
(Ordinance adopted 8/3/59, pt.
4; Ordinance adopting Code)
(a)
It
is hereby ordained by the governing body that there shall hereafter
exist in the city the position of assistant municipal court judge.
(b)
The
associate municipal court judge of the city is hereby empowered to
preside over such court in the absence of the judge.
(Ordinance 1012-82 adopted 10/12/82; Ordinance adopting Code)
The city secretary shall be ex-officio clerk of the municipal
court during his term who may appoint a deputy with the same powers
[and] term as the secretary. Such clerk shall keep minutes of the
proceedings of said court, issue all process and generally perform
all of the duties of the clerk of a court as prescribed by law for
a county clerk insofar as the same may be applicable. The recorder
may assume such duties of said secretary.
(Ordinance adopted 8/3/59, pt.
4)
Costs of the municipal court and fees, including jury fee, shall
be the same as now or hereafter provided for the justice courts of
precinct 1, McLennan County, Texas. In no case shall the city pay,
or be responsible for any costs in prosecutions in the municipal court.
(Ordinance adopted 8/3/59, pt.
4)
The style of all process issued from such court shall be in
the name of the city.
(Ordinance adopted 8/3/59, pt.
4)
All jurors shall be residents of the city possessing the same
qualifications as jurors in the said justice courts and shall be summoned
in like manner as in said justice courts.
(Ordinance adopted 8/3/59, pt.
4)
Appeals shall be governed by the rules of practice and procedure
for appeals from the said justice courts. Trial on appeal shall be
de novo.
(Ordinance adopted 8/3/59, pt.
4)
(a)
Establishment of municipal court technology fund.
(b)
Establishment of amount of the fee and assessment and collection.
(1)
The fee shall be in the amount established in appendix A to this
code.
(2)
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:
(3)
The fee shall be collected on conviction for an offense committed
on or after September 1, 2003 (or for convictions on offenses committed
on or after this section was adopted; whichever is later).
(4)
The clerk of the court shall collect the fee and pay the fee to the
municipal treasurer or other official who discharges or performs the
duties of the treasurer of the city, who shall deposit the fee into
the municipal court technology fund.
(c)
Designated use of the fund and administration.
The fund
shall be used to finance the purchase of technological enhancements
and for the maintenance 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.
(d)
Administration.
The fund shall be administered by or
under the direction of the city council.
(e)
Expiration.
In accordance with the September 1, 2003
amendment to article 102.0172 of the Code of Criminal Procedure, this
section and the assessment and collection of the municipal court technology
has no current expiration.
(Ordinance 030908 adopted 9/8/03; Ordinance adopting Code; Ordinance 990920B, sec. 1, adopted 9/20/99; Ordinance 990920B, sec. 2, adopted 9/20/99; Ordinance 990920B, sec. 3, adopted 9/20/99)
(a)
There
is hereby created and established a municipal building security fund
(the “fund”) pursuant to article 102.017 of the Code of
Criminal Procedure.
(b)
The
municipal court of the city (the “municipal court”) is
hereby authorized and required to assess a municipal court building
security fee (the “fee”) in the amount provided in appendix
A to this code against all defendants convicted in a trial of a misdemeanor
offense by the municipal court. Each misdemeanor conviction shall
be subject to a separate assessment of the fee.
(c)
The
municipal court clerk is hereby authorized and required to collect
the fee and to pay same to the treasury of the city. All fees so collected
and paid over to the treasury of the city shall be segregated in the
fund.
(d)
The
fund shall be used only for the purpose of financing the purchase
of security devices and/or services for the building or buildings
housing the municipal court of the city. “Security devices and/or
services” shall include any and all items described in article
102.017(d) of the Code of Criminal Procedure.
(e)
The
fund shall be administered by or under the direction of the city council.
(Ordinance adopted 12/8/97)
