There is hereby created and constituted a municipal court for
the city, with full jurisdiction as provided for in V.T.C.A., Government
Code, chapter 29. The municipal court for the city shall meet and
hold regular sessions to hear and determine all cases arising before
it, such sessions to be held and called by the municipal judge.
(Ordinance 888-23 adopted 10/24/2023)
(a)
The municipal court shall be presided over by the municipal
court judge appointed by the city council for a term of office of
two years. A municipal court judge who is not reappointed by the 91st
day following the expiration of a term of office shall, absent action
by the city council, continue to serve for another term of office
beginning on the date the previous term of office expired. The municipal
court judge shall be compensated from the city general fund in an
amount set by the city council in their discretion The municipal court
judge shall be the presiding magistrate of the municipal court and
shall have all of the powers and authority given to him by the laws
of this state.
(b)
If a municipal court judge is temporarily unable to act, the
city council may appoint one or more persons meeting the qualifications
for the position to sit for the regular municipal judge. The appointee
has all powers and duties of the office and is entitled to compensation
as set by the city council.
(Ordinance 888-23 adopted 10/24/2023)
(a)
The city manager shall hire or appoint the clerk of the municipal
court. The clerk and other court personnel shall perform their duties
under the direction of the municipal court judge, but the city manager
or their designee shall hire, direct, supervise and remove all personnel
authorized in the annual budget for the clerk's office, including
the clerk, as they deem appropriate.
(b)
The position of municipal court clerk is created.
(Ordinance 888-23 adopted 10/24/2023)
The municipal court of the city shall meet and hold sessions
as necessary to efficiently handle the court's docket, or at
other times deemed appropriate by the municipal court judge, in offices
or space provided by the city.
(Ordinance 888-23 adopted 10/24/2023)
The clerk shall be available to receive fines for violations
of city ordinances and the laws of the state and to perform other
duties incident to the operation of a municipal court during normal
business hours for city hall, excluding holidays approved by the city
council.
(Ordinance 888-23 adopted 10/24/2023)
The county jail is hereby designated as the official city jail.
(Ordinance 888-23 adopted 10/24/2023)
(a)
Fee imposed.
There is hereby imposed, as a cost
of court, a technology fee of $4.00 per conviction in the municipal
court.
(c)
Use of funds.
A fund designated by this section
may be used only to finance the purchase of or to maintain technological
enhancements for a municipal court, including:
(d)
Administration.
The municipal court technology
fund shall be administered by or under the direction of the city council.
(Ordinance 888-23 adopted 10/24/2023)
(a)
Established.
Pursuant to powers granted by article
102.017 of the Texas Code of Criminal Procedure, a municipal court
building security fund is hereby established for the city.
(b)
Source of funds; payment of fee.
The building
security fund shall be funded by a $3.00 charge on each person convicted
of a misdemeanor offense in the municipal court of the city. The $3.00
fee shall be taxed as costs of court on each conviction of a misdemeanor
offense. Conviction shall include payment of a fine, imposition of
community service, imposition of probation, suspension or deferred
disposition.
(c)
Collection of fee.
The clerk of the court or as
otherwise designated by the city manager will collect the costs and
pay them to the office of the city director of finance for deposit
in a fund to be known as the municipal court building security fund.
(d)
Use of funds.
The building security fund designated
by this section may be used only to finance items when used for the
purpose of providing security services for buildings housing a district,
county, justice, or municipal court, as appropriate, including:
(1)
The purchase or repair of X-ray machines and conveying systems;
(2)
Hand-held metal detectors;
(3)
Walk-through metal detectors;
(4)
Identification cards and systems;
(5)
Electronic locking and surveillance equipment;
(6)
Bailiffs, deputy sheriffs, deputy constables, or contract security
personnel during times when they are providing appropriate security
services;
(7)
Signage;
(8)
Confiscated weapon inventory and tracking systems;
(9)
Locks, chains, alarms, or similar security devices;
(10)
The purchase or repair of bulletproof glass; and
(11)
Continuing education on security issues for court personnel
and security personnel.
(Ordinance 888-23 adopted 10/24/2023)
In accordance with section 103.0031 of the Texas Code of Criminal
Procedure, there is hereby imposed an additional fee of thirty percent
(30%) on all debts and accounts receivable, i.e.: fines, fees, court
costs, restitution, and other debts that are more than sixty (60)
days past due and have been referred to a private firm for collection.
(Ordinance 888-23 adopted 10/24/2023)
A fee or special expense not to exceed $25.00 may be assessed
and collected for the issuance and service of a warrant of arrest
for an offense of failure to appear under Texas Penal Code section
38.10 or under Texas Transportation Code section 543.009, or under
Texas Code of Criminal Procedure article 17.04, relative to a personal
bond to appear.
(Ordinance 888-23 adopted 10/24/2023)
The municipal court may require the person requesting a driving
safety course to pay a fee set by the court at an amount that does
not exceed $10.00 including any special fees authorized by statute
or municipal ordinance to cover the cost of administering this section.
Fees collected under this section by the municipal court shall be
deposited in the municipal treasury.
(Ordinance 888-23 adopted 10/24/2023)
Municipal officials who collect fees, fines, court costs, or
other charges are authorized to accept payment by credit card.
(Ordinance 888-23 adopted 10/24/2023)
