Code Title III Ch 35

CHAPTER 35: MUNICIPAL COURT

Section
General Provisions
35.01 Official name
35.02 Seal
35.03 Jurisdiction; fines
35.04 Prosecution by City Attorney

City Judge
35.15 Title
35.16 Appointment; term; legal basis
35.17 Absence or vacancy
35.18 State law applies
35.19 Criminal docket
35.20 Administration of oaths

Court Procedures
35.30 Court powers; contempt; bail
35.31 Clerk of Court; duties
35.32 Hours; compelling attendance; order
35.33 Process to require attendance; compelling testimony
35.34 Court of inquiry
35.35 Witness fees; mileage
35.36 Jury duty pay
35.37 Complaint content
35.38 Complaint language; oaths
35.39 Warrant issuance; execution
35.40 Service of process
35.41 Service of process outside city
35.42 Bail upon arrest
35.43 Failure to appear; forfeiture
35.44 Manner of bond forfeiture
35.45 Continuance
35.46 Trial by jury
35.47 New trial
35.48 Appeal
35.49 Prima facie evidence

Court Costs and Collection
35.60 Findings; authority
35.61 Definitions
35.62 Fines; court costs; fees
35.63 Funds
35.64 Waiver of fines and costs
35.65 Post-judgment collection
35.66 Public records; copy charges
35.67 Confidential information

35.99 Penalty
Statutory reference:
Arrest, see Tex. Code of Crim. Pro., Chapter 14 et seq.
Bail, see Tex. Code of Crim. Pro., Art. 17.01 et seq.
Limitation of prosecution of misdemeanors, see Tex. Code of Crim. Pro., Art. 12.02
Municipal Court, see Tex. Gov’t Code, § 29.002
Procedure in Municipal Court, see Tex. Code of Crim. Pro., Art. 45.01 et seq.
Subpoenas, see Tex. Code of Crim. Pro., Art. 24.01 et seq.

GENERAL PROVISIONS

§ 35.01 OFFICIAL NAME.
The official name of the city court shall be the “Municipal Court of the city.”
(Prior Code, § 10-1)
Statutory reference:
Similar provisions, see Tex. Gov’t Code, § 29.002

§ 35.02 SEAL.
The Municipal Court shall have a seal having engraved thereon a star of five points in the center and
the words “Municipal Court of McGregor, Texas.” The impress of this seal shall be attached to all papers except subpoenas, issued out of the Court, and shall be used to authenticate the official acts of the Clerk and of the City Judge where they are authorized and required to use the seal.
(Prior Code, § 10-2)
Statutory reference:
Similar provisions, see Tex. Code of Crim. Pro., Art. 45.02

§ 35.03 JURISDICTION; FINES.
The Municipal Court shall have exclusive original jurisdiction within the corporate limits in all criminal cases to which punishment is by fine only and where the maximum of the fine does not exceed $1,000 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 the fine does not exceed $200 in all other cases arising under the ordinances of the city, and shall have concurrent jurisdiction with the justice of the peace in the precinct in which the 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 the fine may not exceed $200 and arising within the corporate limits of the city.
(Prior Code, § 10-3)
Statutory reference:
Similar provisions, see Tex. Code of Crim. Pro., Art. 4.14
Similar provisions, see Tex. Gov’t Code, § 29.003

§ 35.04 PROSECUTION BY CITY ATTORNEY.
All prosecutions in the Municipal Court shall be conducted by the City Attorney or his or her deputy.
If there is no City Attorney or deputy, or if the City Attorney should be absent, sick, or unable to act from any cause, the Mayor shall have authority to appoint any competent attorney to conduct any proceedings of any kind in the Court, but this appointment shall be only temporary.
(Prior Code, § 10-4)

CITY JUDGE

§ 35.15 TITLE.
The Municipal Court shall be presided over by the magistrate of the Municipal Court, who shall be
known as the City Judge.
(Prior Code, § 10-5)
Statutory reference:
Similar provisions, see Tex. Gov’t Code, § 29.004

§ 35.16 APPOINTMENT; TERM; LEGAL BASIS.
(A) The office of the Judge of the Municipal Court shall be filled by appointment by the Mayor with
the approval of the City Council. The term of office of the Judge shall be the same as the term of office
of the Mayor.

(B) The office of the Clerk of the Municipal Court shall be filled by appointment by the City Manager. The term of the office of the Clerk shall be at the pleasure of the City Manager.

(C) The City Secretary shall notify the State Judicial Council of the name of any person appointed as Municipal Court Judge or Clerk of a Municipal Court of the city not later than 30 days after the date of that person’s appointment.

(D) In enacting this section, the Council is acting by authority of Tex. Loc. Gov’t Code, § 22.073 and
Tex. Gov’t Code, §§ 29.004 and 29.005.
(Prior Code, § 10-6) (Am. Ord. passed 6-13-1988)

§ 35.17 ABSENCE OR VACANCY.
In the event the City Judge is unable to act for any reason, or in the event of a vacancy, or in the event
of the City Council to appoint a person to perform the duties of City Judge, then the Mayor shall act in the place of the City Judge until that vacancy shall be filled. That person, while acting as City Judge, shall have the same powers.
(Prior Code, § 10-7)
Statutory reference:
Similar provisions, see Tex. Gov’t Code, § 29.006

§ 35.18 STATE LAW APPLIES.
The City Judge, in all matters pertaining to the administration of justice concerning which there are
no special provisions, shall be governed by the laws of the state regulating proceedings in justice courts
so far as the same may be applicable. The provisions of the Tex. Code of Crim. Pro. regulating the amount and collection of jury and witness fees and for enforcing the attendance of witnesses in criminal cases tried before a justice of the peace, shall, so far as practical, govern and be applicable to the trial of cases before the Municipal Court.
(Prior Code, § 10-8)

§ 35.19 CRIMINAL DOCKET.
(A) The City Judge shall keep a docket in which he or she shall enter the proceedings in each trial had
before him or her.

(B) This 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 or trial was had, and if a trial, whether it was by a jury or by
himself or herself;

(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) Notice of appeal, if any; and

(9) The time when, and the manner in which, the judgment and sentence were enforced.
(Prior Code, § 10-9)
Statutory reference:
Similar provisions, see Tex. Code of Crim. Pro., Art. 45.13

§ 35.20 ADMINISTRATION OF OATHS.
The City Judge shall have power and authority to administer any and all oaths and affirmations and
to swear witnesses and jurors in trial before him or her.
(Prior Code, § 10-10)
Statutory reference:
Administration of oath to jury, see Tex. Code of Crim. Pro., Art. 45.030
Oaths generally, see Tex. Code of Crim. Pro., Art. 45.01

COURT PROCEDURES

§ 35.30 COURT POWERS; CONTEMPT; BAIL.
(A) Inherent power and authority of Court. The Municipal Court possesses inherently all powers
necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including authority
to issue those 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. The Court has the power to punish for contempt.

(B) Bail. The Judge shall have the power to admit to bail and forfeit bonds under the rules in force
in the County Court.
(Prior Code, § 10-11) Penalty, see § 35.99
Statutory reference:
Bail, see Tex. Code of Crim. Pro., Art. 17.01 et seq.
Bail in Municipal Court, see Tex. Code of Crim. Pro., Art. 45.12
Contempt, see Tex. Gov’t Code, §§ 21.001 and 21.002

§ 35.31 CLERK OF COURT; DUTIES.
The Clerk shall keep minutes of the proceedings of the Court, issue all process and generally perform
all of the duties of the clerk of a court as prescribed by law for a court clerk insofar as the same may be
applicable. The City Manager shall designate deputies as may from time to time be necessary for the
administration of justice.
(Prior Code, § 10-12)
Statutory reference:
County Clerks, see Tex. Gov’t Code, §§ 51.402 and 51.403
Similar provisions, see Tex. Gov’t Code, § 29.010

§ 35.32 HOURS; COMPELLING ATTENDANCE; ORDER.
The Municipal Court shall hold no terms but shall be deemed at all times open for the transaction of
business. Each defendant shall be entitled to at least 24 hours’ notice of any complaint against him or her if time is demanded. The City Judge shall compel the attendance of persons accused before him or her for any violation of law or ordinance and shall compel the attendance of witnesses by subpoena or attachment in the same manner as is or may be provided by law in trials before a justice of the peace. The City Judge shall preserve order and decorum during the session of his or her court.
(Prior Code, § 10-13)
Statutory reference:
Court may sit at any time, see Tex. Code of Crim. Pro., Art. 4.15

§ 35.33 PROCESS TO REQUIRE ATTENDANCE; COMPELLING TESTIMONY.
The City Judge shall have power to issue any process necessary to require the attendance of any
person as a witness in any case pending before the Municipal Court. Any person who shall fail or refuse
to obey any process shall be fined for a violation of this code and shall forthwith be attached. If the
witness appears in the Municipal Court and fails or refuses to testify, he or she shall be guilty of contempt of court.
(Prior Code, § 10-14) Penalty, see § 35.99
Statutory reference:
Contempt of court, see Tex. Gov’t Code, §§ 21.001 and 21.002

§ 35.34 COURT OF INQUIRY.
The City Judge, when he or she has good cause to believe that an offense against any of the ordinances
of the city has been, or is about to be, committed, may issue subpoenas or attachments for witnesses, may examine witnesses in relation thereto, and if it shall appear from the statement of those witnesses that an offense has been committed, or any offense against the state law has been committed of which the Municipal Court has jurisdiction, the City Judge shall reduce, or cause to be reduced, the statement of those witnesses to writing and cause the same to be sworn to by those witnesses, whereupon the City Judge shall issue his or her warrant for the arrest of the offenders. This warrant shall be returnable before the City Judge at that time as may be directed by the City Judge, and the offender shall be tried according to the laws and ordinances of the city.
(Prior Code, § 10-15)
Statutory reference:
Issuance of warrant when judge views offense, see Tex. Code of Crim. Pro., Art. 45.15

§ 35.35 WITNESS FEES; MILEAGE.
Each person subpoenaed to appear as a witness to testify in each case pending before the Municipal
Court shall be allowed fees in accordance with Tex. Code of Crim. Pro.
(Prior Code, § 10-16)
Statutory reference:
Compensation of nonresident witnesses, see Tex. Code of Crim. Pro., Art. 35.27
Witness fees, see Tex. Code of Crim. Pro., Art. 45.08 and 1078 et seq.

§ 35.36 JURY DUTY PAY.
The city shall pay each person appearing in response to a duly notice jury summons $6 for service in
Municipal Court for each day or fraction of each day he or she serves as a juror.
(Ord. 25-32, passed 10-8-2001)

§ 35.37 COMPLAINT CONTENT.
(A) All prosecutions for violations of law or ordinances of the city shall be commenced in the
Municipal Court by complaint. The complaint shall be signed and sworn to by the person making the
complaint.

(B) The complaint shall state:

(1) The name of the accused, if known, and if unknown, shall describe him or her as accurately
as practicable;

(2) The offense with which he or she is charged, in plain and intelligible words;

(3) That the offense was committed in the territorial jurisdiction of the Court; and

(4) That the offense is not barred by limitation, as shown from the date of the offense stated therein.
(Prior Code, § 10-17)
Statutory reference:
Similar provisions, see Tex. Code of Crim. Pro., Art. 45.01 and 45.17

§ 35.38 COMPLAINT LANGUAGE; OATHS.
A complaint in the Municipal Court 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.” The City Judge shall charge the jury
when requested in writing by the defendant or his or her attorney. Complaints before the Court may be
sworn to before any officer authorized to administer oaths or before the Judge, Clerk of the Court, City
Secretary, or City Attorney or his or her deputy, each of whom, for that purpose, shall have power to
administer oaths.
(Prior Code, § 10-18)

§ 35.39 WARRANT ISSUANCE; EXECUTION.
When any complaint shall be filed as is provided for in this chapter, the City Judge shall issue his or
her warrant of arrest, which shall be executed by the Chief of Police or any police officer of the city in a
like manner as similar process may be executed by the sheriff; provided, that nothing herein shall be
construed as to prevent the Chief of Police or any police officer from making arrests without warrant for
any violation of any law or ordinances of the city, when committed in his or her presence or view, or in
any contingencies in which a sheriff or other officer of the state would by the laws of the state be permitted to make an arrest.
(Prior Code, § 10-19)
Statutory reference:
Service of process, see Tex. Code of Crim. Pro., Art. 45.04
Who may execute warrant, see Tex. Code of Crim. Pro., Art. 45.20

§ 35.40 SERVICE OF PROCESS.
Warrants or other process issued by the City Judge shall be directed to the Chief of Police or any
police officer of the city, but in case of the absence or inability of those officers, the process shall be
directed to any peace officer within the city or county and shall be executed by that officer.
(Prior Code, § 10-20)

§ 35.41 SERVICE OF PROCESS OUTSIDE CITY.
When the person for whose arrest a warrant is issued by the City Judge cannot be found in the city,
the same may be executed within the limits of the county by the Chief of Police or any other proper peace officer of the city, or by any peace officer of the county, and may be executed anywhere in the state under the same rules governing warrants of arrest issued by a justice of the peace.
(Prior Code, § 10-21)

§ 35.42 BAIL UPON ARREST.
A person arrested for the violation of any ordinance of the city, or for the violation of any law of which
the Municipal Court has jurisdiction, may be admitted to bail upon executing a bond, payable to the city, with sufficient security to be approved by the City Judge or Chief of Police, or a cash bond in an amount to be determined by the City Judge or Chief of Police, Municipal Court to answer for the violation of the ordinance or law of which he or she is accused, and there to wait at his or her trial, and shall appear from day to day and from time to time until a disposition is finally made of his or her case. This bond shall be filed with the City Judge.
(Prior Code, § 10-22)
Statutory reference:
Bail, see Tex. Code of Crim. Pro., Art. 17.01 et seq.

§ 35.43 FAILURE TO APPEAR; FORFEITURE.
Whenever a person is bound by a bond as mentioned in the preceding section of this chapter and his
or her name shall be called at the door of the courtroom on the day designated in that bond, or at any time during any day thereafter when the case shall be reached on the docket, and he or she shall fail to appear, the forfeiture of that bond shall be taken.
(Prior Code, § 10-23)

§ 35.44 MANNER OF BOND FORFEITURE.
(A) A surety bond shall be forfeited in the Municipal Court in the manner provided in Tex. Code of
Crim. Pro., Art. 22.01 et seq.

(B) A cash bond shall be forfeited as prescribed by the preceding section of this chapter. When a
bond is forfeited, the cash held under that bond shall be paid into the city treasury in the same manner as money derived from fines under the provisions of this chapter.
(Prior Code, § 10-24)
Statutory reference:
Forfeiture of bonds in county and municipal courts, see Tex. Code of Crim. Pro., Art. 4.10 and
45.12

§ 35.45 CONTINUANCE.
The City Judge may, for good cause shown, continue any case pending before him or her from day
to day, or postpone the case to some future day.
(Prior Code, § 10-25)

§ 35.46 TRIAL BY JURY.
In all cases of a misdemeanor, the person charged before the Municipal Court shall be entitled to a trial
by jury in the same manner and form as provided by law before a justice of the peace. If the accused does not waive a trial by jury, the City Judge shall direct the Chief of Police or any police officer of the city or the Clerk of the Municipal Court to summon 12 disinterested persons, who are qualified voters in the city, to serve as the jury panel. Six of these persons shall be picked in the manner as provided by law in the justice court to serve as jurors. Any person so summoned who fails to attend may be penalized for contempt.
(Prior Code, § 10-26) Penalty, see § 35.99
Statutory reference:
Jury summoned, see Tex. Code of Crim. Pro., Art. 45.25
Jury trial, see Tex. Code of Crim. Pro., Art. 45.24 et seq.

§ 35.47 NEW TRIAL.
The City Judge may, for good cause shown, grant a new trial to any person convicted before him or
her for any violation of law or ordinance of the city.
(Prior Code, § 10-33)
Statutory reference:
When new trial granted, see Tex. Code of Crim. Pro., Art. 45.44

§ 35.48 APPEAL.
A defendant convicted in the Municipal Court shall be entitled to an appeal to the County Court except
in cases where the County Court has no jurisdiction, in which cases appeals shall be heard by the proper court. Notice of the appeal shall be given in open court and shall be noted on the docket of the City Judge. Whenever the defendant shall desire to appeal, he or she shall file with the City Judge a bond, with good and sufficient security, in double the amount of the fine and costs imposed on him or her. This bond must be approved by the City Judge. It shall be payable to the city and conditioned that the defendant will prosecute his or her appeal with effect and will pay those fines and costs as shall be adjudged against him or her by the County Court, as well as other costs that may have been adjudged against him or her in the Municipal Court. All appeals from the Municipal Court shall be de novo.
(Prior Code, § 10-34)
Statutory reference:
Appeal, see Tex. Code of Crim. Pro., Art. 45.10

§ 35.49 PRIMA FACIE EVIDENCE.
(A) Vehicles. In any prosecution charging a violation of this code governing the stopping, standing,
or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of this code, together with proof that the defendant named in the complaint was, at the time of parking, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed that vehicle at the point where, and for the time during which, the violation occurred.

(B) Properties. In any prosecution charging a violation regarding nuisances upon a property, the
failure to comply with any notice or order regarding a nuisance on a property or building in violation of
an ordinance of the city, including but not limited to failure to apply for a building permit or other permit
or license required herein, proof that the particular property described in the complaint was in violation
of an ordinance regulating the property, together with proof that the defendant named in the complaint was, at the time of the notice, violation, or order, or at the time when work was performed without a permit, the registered owner of the property, shall constitute in evidence a prima facie presumption that the registered owner of the property was the person who failed to comply with the notice or order or failed to apply for a permit for the time during which the violation occurred in violation of the charged ordinance of the city.

(C) Animals. In any prosecution charging a violation of an ordinance or statute regulating or
governing the abuse, neglect, or ownership of an animal or failure to license an animal as required, proof
that the particular property described in the complaint was the premises upon which the animal resided,
was harbored, or was maintained, and a violation of an ordinance or statute regulating or governing the
animal alleged in the complaint, together with proof that the defendant named in the complaint was, at the time of the complaint or at the time when the animal was in violation of the ordinance or statute, the
registered owner of that animal or the person with legal rights to reside on that property, shall constitute
in evidence a prima facie presumption that the registered owner of the property or the person with legal
rights to reside on the property was the owner of the animal and the person who failed to comply with or violated the ordinance or statute.
(Ord. 25-32, passed 10-8-2001)

COURT COSTS AND COLLECTION

§ 35.60 FINDINGS; AUTHORITY.
(A) The following recitals are hereby found to be true and correct and are adopted by the City Council
and made a part hereof for all purposes as findings of fact.

(B) Tex. Code of Crim. Pro., Art. 45.203, authorizes the city to prescribe rules to enforce the
collection of fines and fees imposed.
(Ord. 25-32, passed 10-8-2001)

§ 35.61 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.

ACCESS DEVICE. A card, plate, code, account number, personal identification number, electronic
serial number, mobile identification number, or other telecommunications service, equipment, or
instrument identifier or means of account access that alone or in conjunction with other ACCESS
DEVICES may be used to:

(1) Obtain money, goods, services, or another thing of value; or

(2) Initiate a transfer of funds other than a transfer originated solely by paper instrument.

CONVICTION or CONVICTED. Any person be deemed to have been CONVICTED for whom the Municipal Court imposes any penalty or sentence, the person receives community service, supervision, or deferred adjudication, or the Court defers final disposition of the case.

RULES OF THE ROAD. Offenses committed under Tex. Trans. Code, subtitle C, Title 7, being Tex. Trans. Code subsections 541 - 600.

SCHOOL CROSSING ZONE. A reduced-speed zone designated on a street by a local authority to
facilitate safe crossing of the street by children going to or leaving a public or private elementary or
secondary school during the time the reduced speed limit applies.
(Ord. 25-32, passed 10-8-2001)

§ 35.62 FINES; COURT COSTS; FEES.
(A) The fines imposed in the Municipal Court may be the same as are prescribed for like offenses by
the penal statutes of the state, but shall never be greater. Where any offense is covered solely and alone
by ordinances of the city, that ordinance shall control.

(B) The Municipal Court Clerk shall collect and report all court costs as required.

(1) State court costs.

(a) The Municipal Court Clerk shall collect each and every court cost statutorily mandated
to be collected for the state. The Municipal Court Clerk shall keep a record of each court cost collected for the benefit of the state and report the collection to the City Treasurer including forwarding the monies to be deposited with the City Treasurer as required by internal policy.

(b) The City Treasurer may deposit the money in an interest-bearing account. The City
Treasurer shall keep records of the money collected and on deposit in the treasury and shall remit the court costs collected for the benefit of the state to the Comptroller of Public Accounts not later than the last day of the month following the calendar quarter in which the court costs were collected.

(c) The Municipal Court Clerk shall forward a completed quarterly report form to be
reviewed and confirmed by the City Treasurer.

(d) The City Treasurer shall ensure the accuracy of the report, and for all fees collected for
the CCC fund (Consolidated Court Cost Fund) to be forwarded to the state the City Treasurer shall retain 10% as a service fee and deposit the retained sums to the general fund to offset administrative expenses, save and except the 10% shall not be retained on sums not timely forwarded to the Comptroller of Public Accounts.

(2) Warrant of arrest fees. The Municipal Court Clerk shall collect a warrant fee of $50 from
any defendant upon whom a peace officer executed a warrant issued by the Municipal Court at the time
of conviction. For arrests made by a state trooper, the Municipal Court Clerk shall report $10 as payable to the Comptroller. Law enforcement agencies other than state troopers and city police officers executing a warrant must submit a request for payment within 15 days of the conviction in order to be paid the warrant fee. If demand is not made within 15 days or a city police officer executed the warrant, the Municipal Court Clerk shall report the warrant fees collected as payable to the City Police Department. The city shall refund the fees in cases where the defendant pleas and demonstrates within 30 days of payment of this fee that the court failed to give the person proper notice.

(3) Failure to appear fee.

(a) Special expense. The Municipal Court Clerk shall collect a special expense of $25 for
the issuance and service of a warrant of arrest from each defendant served with a warrant for failure to
appear or violation of a promise to appear. The Municipal Court Clerk shall report each special expense
collected to the City Treasurer for deposit into the general fund of the city.

(b) Contract with Department of Public Safety.

1. At all times that the city has a contract with the State Department of Public Safety
to deny renewal of licenses for individuals failing to appear at court as directed, the Municipal Court Clerk shall collect an additional $30 administrative fee at the time of the following:

a. The court enters judgment on the offense for which the failure to appear was submitted;

b. The case is dismissed; or

c. Bond or other security is posted to reinstate the charge for which the warrant was issued.

2. Distribution of the funds shall be as provided by agreement with the Texas Department of Public Safety. The Municipal Court Clerk shall maintain a copy of the agreement and report each failure to appear fee collected as well as the distribution of the fee to the City Treasurer. Should a defendant fail to pay the $30 administrative fee as required, the Municipal Court Clerk shall report this failure to the State Department of Public Safety and request the Department deny renewal of the defendant’s license.

(4) Establishment of time payment fee.

(a) Each defendant being permitted to make payments on any part of a fine, court cost, or
restitution on or after day 31 after the date on which a judgment is entered, including deferred adjudication and deferred disposition, shall pay a $25 time payment fee on or before day 31 after the judgment is entered.

(b) The Municipal Court Clerk shall keep separate records of the time payment fees collected. Each month 50% of the time payment fees collected shall be forwarded to the Comptroller, 40% shall be deposited in the general revenue account of the city, and 10% shall be deposited in the general fund of the city to be allocated to improving the efficiency of the administration of justice in the city.

(c) No defendant shall be permitted more than 180 days to pay fines, fees, costs, restitution, or any other fees ordered to be paid in the judgment of the court.

(5) Arrest fee. The Municipal Court Clerk shall collect a $5 arrest fee with each conviction. The
arrest fee shall be reported quarterly to the Comptroller of Public Accounts. For each citation submitted
to the Municipal Court by a state trooper for which a conviction occurs, the Municipal Court Clerk shall report $1 of the arrest fee as payable to the Comptroller, with the remaining $4 being reported as
distributable to the City Police Department. Any law enforcement agency other than the state trooper or
a city police officer submitting a citation to the Municipal Court for which a conviction occurs, the
Municipal Court shall hold the $5 arrest fee for 15 working days. Should the law enforcement agency fail to claim the arrest fee in 15 working days after the conviction, the Municipal Court Clerk shall report the arrest fee as payable to the City Police Department. For each citation that the City Police Department issues a citation and a conviction occurs, the full arrest fee shall be reported as payable to the City Police Department.

(6) Dishonored check fee. A service charge of $25 shall be assessed against any person who pays
the city with a check, draft, or money order which is returned unpaid for lack of sufficient funds or closed or nonexistent account.

(7) Peace officer’s time. For any trial at which a peace officer is required to testify while off duty, the Municipal Court Clerk shall calculate the officer’s overtime for time spent testifying at trial and time spent traveling to or from home if the officer was not at work that day or scheduled to be at work and add those costs as court costs to be paid by the defendant.

(8) Jury fee. The Municipal Court Clerk shall collect a $3 fee from each defendant requesting
a jury and being convicted thereby or requesting a postponement or accepting a conviction less than 24
hours before the time of trial.

(9) Rules of the Road fee. The Municipal Court Clerk shall collect an additional $3 fee as court
costs for each defendant convicted of violating the Rules of the Road. The Municipal Court Clerk shall
deposit the fee collected with the City Treasurer. Fines and fees collected for violations of the Rules of
the Road shall be deposited to the general fund of the city and utilized to construct and maintain roads,
bridges, and culverts in the city and to enhance the enforcement of laws regulating the use of highways.

(10) Establishment of administrative fees when certain charges are dismissed.

(a) Vehicle inspection certificate. On the finding of the Municipal Court Judge, having been
presented credible evidence, that a defendant remedied the failure to have a valid vehicle inspection
certificate within ten working days of the issuance of a citation for an expired inspection certificate which has not been expired more than 60 days, the Municipal Court Clerk shall collect a $10 administrative fee from the defendant at the time of dismissal. Inspection certificates expired more than 60 days on the date of the citation shall not be dismissible on proof of correction.

(b) Vehicle registration. On the finding of the Municipal Court Judge, having been presented credible evidence, that a defendant remedied the failure to register the motor vehicle alleged in the offense not more than ten working days from the date of the offense and within the discretion of the Judge the court grants the request to dismiss, the Municipal Court Clerk shall collect a $10 administrative fee from the defendant at the time of dismissal. Vehicle registration corrected more than ten working days after the date of the citation shall not be dismissible on proof of correction.

(c) Driver’s license proof. On the finding of the Municipal Court Judge, having been
presented credible evidence, that a defendant remedied the expired driver’s license within ten working days and within the discretion of the Judge, the court grants the request to dismiss, the Municipal Court Clerk shall collect a $10 administrative fee from the defendant at the time of dismissal.

(d) Deferred disposition. Defendant’s pleading no contest or guilty and requesting defensive driving on or before the date mandated for the first appearance date for an offense involving operation of a motor vehicle, other than a commercial vehicle or speeding more than 25 miles per hour over the posted speed, who has a valid driver’s license or permit of this state and adequate financial responsibility, and provides a sufficient affidavit and records from the State Department of Public Safety demonstrating that the individual has not had defensive driving in the preceding 12 months from the date of the offense, upon granting of that request, the Municipal Court Clerk shall collect, in addition to the other court costs, an administrative fee of $10 to be distributed to the City Treasurer for deposit in the general fund of the city.
(Ord. 25-32, passed 10-8-2001)
Statutory reference:
Court costs for special services, see Tex. Code of Crim. Pro., Art. 102.075
Court costs; traffic, see Tex. Trans. Code, § 542.403
Deferred disposition procedures; traffic offenses, see Tex. Code of Crim. Pro., Art. 45.0511
Dishonored check; processing fee, see Tex. Bus. & Com. Code, § 3.506
Disposition of fines; traffic, see Tex. Trans. Code, § 542.402
Expired driver’s license; dismissal of charge, see Tex. Trans. Code, § 521.026
Failure to appear; fee; license denial, see Tex. Trans. Code, § 706.006
Fees for services of peace officers, see Tex. Code of Crim. Pro., Art. 102.011
Jury fee, see Tex. Code of Crim. Pro., Art. 102.004
Time payment fee established, see Tex. Gov’t Code, § 51.921(a)
Vehicle inspection; dismissal of charge, see Tex. Trans. Code, § 548.605
Vehicle with expired registration; dismissal, see Tex. Trans. Code, § 502.407

§ 35.63 FUNDS.
In addition to the court costs mandated to be collected under state statute for this state and remitted
to the Comptroller as court costs and as set out in § 35.62 of this code, the following court costs shall be collected for each conviction as provided herein.

(A) Child Safety Fund.

(1) School crossing fee. Each defendant convicted of violating any provisions of the Rules of the Road, Tex. Trans. Code, Subtitle, Title 7, within a school crossing zone or convicted for passing a school bus, in violation of Tex. Trans. Code, § 545.066, shall pay an additional $25 taxable as court costs.

(2) Failure to attend school fee. Each defendant convicted of violating Tex. Edu. Code,
§ 25.093, Thwarting Compulsory Attendance, or Tex. Edu. Code, § 25.094, Failure to Attend School, shall pay an additional $20 taxable as court costs.

(3) Collection and deposit. The Municipal Court Clerk shall collect these court costs, including
the school crossing fee and failure to attend school fee, and pay the court costs to the City Treasurer for
all offenses governed by this division.

(a) For all fines collected pursuant to Tex. Edu. Code, § 25.093, Thwarting Compulsory
Attendance, the Municipal Court Clerk shall report 50% of the fine to be deposited to the credit of the
operating fund of the school district in which the child attends or to the juvenile justice alternative
education program, if the child has been ordered to attend a program. The remaining 50% of the fine
collected under Tex. Edu. Code, § 25.093, shall be reported as payable to the general fund of the city.

(b) The City Treasurer shall deposit the $25 school crossing fee and the $20 failure to attend
school fee portion of the court costs into the Child Safety Fund. The City Treasurer shall quarterly forward 50% of the fine collected under Tex. Edu. Code, § 25.093, payable to the school district which the convicted children attend or, if the children were sentenced to a juvenile justice alternative education program, the City Treasurer shall forward the 50% to the program. The remaining 50% shall be deposited to the general fund of the city.

(4) Creation of Fund. There is hereby created a “Child Safety Fund” (the “CS Fund”) which
shall be maintained and reported as a separate fund of the city. The CS Fund may be maintained in an
interest-bearing account and may be maintained in the general revenue account.

(5) Designated use of the CS Fund and administration. All school crossing fees and failure to
attend school fees collected shall be deposited in the CS Fund which shall be administered by the City
Council. No expenditures or withdrawals shall be made from the Fund except to finance eligible items
listed in Tex. Code of Crim. Pro., Art. 102.014(g), and as authorized by a majority vote of the City
Council. On the finding of the City Council that an expenditure is authorized, child safety funds may be
removed from the Fund solely to be used to improve child safety, including:

(a) School crossing guard program; if one is established all money must first fund this program; and

(b) Programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention.

(B) Municipal Court Security Fund.

(1) Cost and fee collection. The Municipal Court Clerk shall collect these court costs, including
the security fee, and pay the court costs to the City Treasurer.

(2) Deposit. The City Treasurer shall deposit the $3 security fee portion of the court costs into
the Municipal Court Building Security Fund.

(3) Creation of Fund. There is hereby created a “Municipal Court Building Security Fund” (the
“Security Fund”) which shall be maintained and reported as a separate fund of the city.

(4) Designated use of the Fund and administration. All security fees collected shall be deposited
in the Fund which shall be administered by the City Council. No expenditures or withdrawals shall be
made from the Fund except to finance eligible items listed in Tex. Code of Crim. Pro., Art. 102.017(d),
and as authorized by a majority vote of the City Council. On the finding of the City Council that an
expenditure is authorized, security funds may be removed from the Fund solely to be used to finance items to be used for the purpose of providing security services for the Municipal Court of the city, including:

(a) The purchase or repair of X-ray machines and conveying systems;

(b) Handheld metal detectors;

(c) Walk-through metal detectors;

(d) Identification cards and systems;

(e) Electronic locking and surveillance equipment;

(f) Bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services;

(g) Signage;

(h) Confiscated weapon inventory and tracking systems;

(i) Locks, chains, alarms, or similar security devices;

(j) The purchase or repair of bullet-proof glass; and

(k) Continuing education on security issues for court personnel and security personnel.

(C) Technology Fund; fee.

(1) Fee. A $4 technology fee is hereby established and imposed as a court cost to be paid by
every person convicted of a misdemeanor in the Municipal Court, pursuant to Tex. Code of Crim. Pro., Art. 102.0172. The technology fee shall be charged for each separate case, matter, or charge upon which any person is convicted in the Municipal Court.

(2) Collection and deposit. The Municipal Court Clerk shall collect the court costs, including
the technology fee, and pay the court costs to the City Treasurer for all offenses governed by this division. The City Treasurer shall deposit the $4 technology fee portion of the court costs into the Municipal Technology Fund. Unless otherwise renewed, the collection of the funds shall expire September 1, 2005.

(3) Creation of Fund. There is hereby created a “Municipal Technology Fund” (the “Technology
Fund”) which shall be maintained and reported as a separate fund of the city. The Fund may be maintained in an interest-bearing account and may be maintained in the general revenue account.

(4) Designated use of the Fund and administration. All technology fees collected shall be
deposited in the Fund which shall be administered by the City Council. No expenditures or withdrawals
shall be made from the Fund except to finance eligible items listed in Tex. Code of Crim. Pro., Art.
102.0172(d), and as authorized by a majority vote of the City Council. On the finding of the City Council that an expenditure is authorized, technology funds may be removed from the Fund solely to be used to finance the purchase of technological enhancements for the Municipal Court of the city, including:

(a) Computer systems;

(b) Computer networks;

(c) Computer hardware;

(d) Computer software;

(e) Imaging systems;

(f) Electronic kiosks;

(g) Electronic ticket writers; or

(h) Docket management systems.

(D) Seat Belt Fund. The Municipal Court Clerk shall report each fine collected for violations of the
requirements to wear a seat belt contrary to Tex. Trans. Code, § 545.412, committed after September 1, 2001. The report shall designate 50% of each fine as funds to be remitted to the Comptroller annually. The City Treasurer shall maintain the seat belt funds in a separate interest-bearing account and annually remit 50% of all fines collected from defendants for violations of the requirement to wear a seat belt.
(Ord. 25-32, passed 10-8-2001)

§ 35.64 WAIVER OF FINES AND COSTS.
The Municipal Court Judge may hold a hearing to determine the economic capabilities of any
defendant filing a written motion seeking a finding of the Court that the defendant is per se indigent and
each alternative method of discharging the fine or costs of court under Tex. Code of Crim. Pro., Art. 43.09, would impose an undue hardship on the defendant. The Municipal Court Judge shall review the motion of the defendant, including any another evidence deemed necessary, and on a finding that defendant is indigent as a matter of law and that the alternative methods of discharge would work an undue hardship on the defendant the Municipal Court Judge may waive payment of any fines or costs for which the defendant has defaulted.
(Ord. 25-32, passed 10-8-2001)
Statutory reference
Similar provisions, see Tex. Code of Crim. Pro., § 45.091

§ 35.65 POST-JUDGMENT COLLECTION.
(A) Assessment of fines and court costs. As provided in the ordinances of the city and state statutes,
the Municipal Court Judge shall assess fines and court costs against each defendant entering a plea of
guilty or no contest or based on the verdict of the Court or jury finding a defendant guilty. Defendants
having not timely appealed the judgment of the Court and who fail to timely pay fines, fees, costs, or
restitution as ordered shall be subject to permitted post-judgment collection procedures.

(B) Capias pro fine. The Municipal Court Judge may order a capias pro fine be issued for any
defendant failing to satisfy a judgment of the Court according to the terms of the judgment. The Municipal Court Clerk shall ensure that each capias states the amount of the judgment and sentence and commands a peace officer to bring the defendant before the Court or place the defendant in jail until the defendant can be brought before the Court.

(C) Commitment. Defendants failing to satisfy any judgment may be committed as provided in the
Tex. Code of Crim. Pro. to satisfy the judgment. Any defendant committed to jail serving less than eight
consecutive hours in jail shall not be given credit for time served. A defendant serving more than 24
consecutive hours shall be given a $100 credit for each full consecutive 24 hours served as credit.
Defendants committing offenses prior to September 1, 2001 shall receive $100 credit for parts of days
served.

(D) Private collection contract. At all times that the City Council has authorized a private collection
contract with a private attorney or a public or private vendor for collection services relating to fines, fees, restitution, or other debts or costs, other than forfeited bonds, the Municipal Court is authorized to collect an additional 30% on each debt or account receivable that is more than 60 days past due and has been collected as a result of the action of a duly authorized contractor. The Municipal Court Clerk shall report the 30% as payable to the contractor. Should the contractor collect less than the full sum due from the defendant, the Municipal Court Clerk shall ensure that the payment is distributed first in an amount sufficient to fully compensate the contractor and then in equal shares to the Comptroller and the city until the Comptroller is paid in full.

(E) Civil assessment against property. The Municipal Court Judge may review judgments in which
the defendant has defaulted in payment, either in whole or part after sentencing, and may order the fine
and costs be collected by execution against the defaulting defendant’s property in the same manner as a
judgment in a civil suit.
(Ord. 25-32, passed 10-8-2001)
Statutory reference:
Capias pro fine, see Tex. Code of Crim. Pro., Art. 45.045
Civil collection of fines after judgment, see Tex. Code of Crim. Pro., Art. 45.047
Collection, see Tex. Code of Crim. Pro., Art. 103.003
Collection contracts, see Tex. Code of Crim. Pro., Art. 103.0031
Discharge from jail; fines, see Tex. Code of Crim. Pro., Art. 45.048

§ 35.66 PUBLIC RECORDS; COPY CHARGES.
The service charge for copying governmental and public records shall be as follows.

(A) For readily available information on standard size pages (up to 8.5 by 14 inches), the copying charge shall be $.25 per page.

(B) For information which is not readily available, the copying charge shall be $.15 per page plus actual labor costs incurred by the city in providing the requested information.

(C) In addition, the city may also add any postal expenses which may be necessary to transmit the
reproduced documents to the requesting party.

(D) The City Secretary shall establish the copying or reproduction charge for nonstandard sized pages
or documents (maps, books, and the like).
(Ord. 25-32, passed 10-8-2001)
Statutory reference:
Charge for copy of public information, see Tex. Gov’t Code, § 552.266

§ 35.67 CONFIDENTIAL INFORMATION.
The Municipal Court Clerk shall separately file from the records of any case in the Municipal Court
any documents collected, assembled, or otherwise maintained containing a credit card, debit card, charge card, or other access device number. The Municipal Court Clerk shall redact the e-mail address from any communications received via e-mail or shall maintain those documents separately of the documents of the case. The e-mail address of any individual communicating with the Court shall not be disclosed to a member of the public without express consent of the individual. Any requests for documents containing this information shall be immediately referred to the City Attorney’s office.
(Ord. 25-32, passed 10-8-2001)
Statutory reference:
Confidentiality of certain e-mail addresses, see Tex. Gov’t Code, §§ 552.136 and 552.137
Confidentiality of credit card and similar information, see Tex. Gov’t Code, § 552.136

§ 35.99 PENALTY.
(A) General. Any person who shall violate any provision of this chapter for which no other penalty
is provided shall, upon conviction, be subject to penalties as provided in § 10.99 of this code.

(B) Penalties for contempt. The Municipal Court may punish, by a fine of not more than $100 or by
confinement in the county or city jail for not more than three days, or both, any person guilty of contempt of the Court as discussed in § 35.30 of this code. Provided, however, an officer of a court held in contempt by a trial court, shall upon proper motion filed in the offended court, be released upon his or her own personal recognizance pending a determination of his or her guilt or innocence by a judge of a district court, other than the offended court, the judge to be appointed for that purpose by the presiding judge of the administrative judicial district wherein the alleged contempt occurred.
(Prior Code, § 10-11)

(C) Summoned juror; contempt. Any person so summoned as a juror as stated in § 35.46 of this code who fails to attend may be fined not exceeding $20 for contempt.
(Prior Code, § 10-26)