GOVERNMENT CODE
CHAPTER 30. MUNICIPAL COURTS OF RECORD
SUBCHAPTER A. GENERAL LAW FOR MUNICIPAL COURTS OF RECORD
§ 30.00001. SHORT TITLE; APPLICATION. (a) This
chapter may be cited as the Uniform Municipal Courts of Record Act.
(b) This subchapter applies to:
(1) each municipality listed in this chapter; and
(2) each other municipality in which the governing
body of the municipality has created a municipal court of record as
authorized by Section 30.00003.
(c) If a provision of this subchapter conflicts with a
specific provision for a particular municipality, the specific
provision controls.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.481 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 1127, § 1, eff. Sept. 1, 2003.
§ 30.00002. DEFINITIONS. In this subchapter:
(1) "Appellate court" means:
(A) the county criminal court, the county
criminal court of appeals, or the municipal court of appeals; or
(B) the county court at law if there is no county
criminal court, county criminal court of appeals, or municipal
court of appeals.
(2) "Governing body" means the legislative body of a
municipality, without regard to the name or title given to any
particular body.
(3) "Municipality" means an incorporated city, town,
or village.
(4) "Presiding judge" means the presiding municipal
judge, chief judge, or administrative judge.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.482 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00003. CREATION OF MUNICIPAL COURTS OF
RECORD. (a) The governing body may by ordinance create a
municipal court of record if the governing body determines that the
creation of the court is necessary to provide a more efficient
disposition of the cases arising in the municipality.
(b) The ordinance may establish as many municipal courts of
record as needed as determined by the governing body.
(c) Except as provided by Subsection (d), the ordinance
shall give each court a numerical designation, beginning with
"Municipal Court of Record No. 1."
(d) If a municipality has a unified court of record, that
court shall be the "Municipal Court of Record in the City of (name
of municipality)" and the municipality may establish by ordinance
divisions, beginning with "Division No. 1."
(e) A municipal court of record may not exist concurrently
with a municipal court that is not a municipal court of record in
the municipality.
(f) A municipal court of record has no terms and may sit for
any time for the transaction of business of the court.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.483 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00004. ABOLITION OF COURT. If the governing body
of the city finds that a municipal court of record is unnecessary,
the governing body shall by ordinance declare the office of the
municipal judge vacant at the end of the term for which the judge
was last selected. Any cases then pending shall be transferred to a
court with proper jurisdiction of the offense.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.484 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00005. JURISDICTION. (a) A municipal court of
record has the jurisdiction provided by general law for municipal
courts.
(b) The court has jurisdiction over criminal cases arising
under ordinances authorized by Sections 215.072, 217.042, 341.903,
and 401.002, Local Government Code.
(c) The governing body may by ordinance provide that the
court has concurrent jurisdiction with a justice court in any
precinct in which the municipality is located in criminal cases
that arise within the territorial limits of the municipality and
are punishable only by fine.
(d) The governing body of a municipality by ordinance may
provide that the court has:
(1) civil jurisdiction for the purpose of enforcing
municipal ordinances enacted under Subchapter A, Chapter 214, Local
Government Code, or Subchapter E, Chapter 683, Transportation Code;
(2) concurrent jurisdiction with a district court or a
county court at law under Subchapter B, Chapter 54, Local
Government Code, within the municipality's territorial limits and
property owned by the municipality located in the municipality's
extraterritorial jurisdiction for the purpose of enforcing health
and safety and nuisance abatement ordinances; and
(3) authority to issue:
(A) search warrants for the purpose of
investigating a health and safety or nuisance abatement ordinance
violation; and
(B) seizure warrants for the purpose of securing,
removing, or demolishing the offending property and removing the
debris from the premises.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.485 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1093, § 1, eff. Sept. 1, 2001.
§ 30.00006. JUDGE. (a) A municipal court of record is
presided over by one or more municipal judges.
(b) The governing body shall by ordinance appoint its
municipal judges.
(c) A municipal judge must:
(1) be a resident of this state;
(2) be a citizen of the United States;
(3) be a licensed attorney in good standing; and
(4) have two or more years of experience in the
practice of law in this state.
(d) The governing body shall provide by ordinance for the
term of office of its municipal judges. The term must be for a
definite term of two or four years.
(e) The municipal judge shall take judicial notice of state
law and the ordinances and corporate limits of the municipality.
The judge may grant writs of mandamus, attachment, and other writs
necessary to the enforcement of the jurisdiction of the court and
may issue writs of habeas corpus in cases in which the offense
charged is within the jurisdiction of the court. A municipal judge
is a magistrate and may issue administrative search warrants.
(f) The municipal judges within a municipality may exchange
benches and act for each other in any proceeding pending in the
courts. An act performed by any of the judges is binding on all
parties to the proceeding.
(g) A person may not serve as a municipal judge if the person
is employed by the same municipality. A municipal judge who accepts
employment with the municipality vacates the judicial office.
(h) The governing body shall determine the salary of a
municipal judge. The amount of a judge's salary may not be
diminished during the judge's term of office. The salary may not be
based directly or indirectly on fines, fees, or costs collected by
the court.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.486 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00007. PRESIDING JUDGE. (a) If there is more than
one municipal judge in the municipality, the governing body of the
municipality shall appoint one of the judges as the presiding
judge.
(b) The presiding judge shall:
(1) maintain a central docket for cases filed within
the territorial limits of the municipality over which the municipal
courts of record have jurisdiction;
(2) provide for the distribution of cases from the
central docket to the individual municipal judges to equalize the
distribution of business in the courts;
(3) request the jurors needed for cases that are set
for trial by jury;
(4) temporarily assign judges or substitute judges to
exchange benches and to act for each other in a proceeding pending
in a court if necessary for the expeditious disposition of business
in the courts; and
(5) supervise and control the operation and clerical
functions of the administrative department of each court, including
the court's personnel, during the proceedings of the court.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.486 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Redesignated
from § 30.00006(d), (e) by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00008. VACANCIES: TEMPORARY REPLACEMENT. (a) If
a vacancy occurs in the office of municipal judge of a court of
record, the governing body shall by ordinance or charter provide
for the appointment of a qualified person to fill the office for the
remainder of the unexpired term.
(b) The governing body may appoint one or more qualified
persons to be available to serve for a municipal judge who is
temporarily absent due to illness, family death, continuing legal
or judicial education programs, or any other reason. The presiding
judge, or the municipal judge if there is no presiding judge, shall
select one of the qualified persons appointed by the governing body
to serve during the absence of a municipal judge. The substitute
judge, while serving as a municipal judge, has all the powers and
shall discharge all the duties of a municipal judge. A substitute
judge must meet the qualifications prescribed for the municipal
judge.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Amended by Acts 1989, 71st Leg., ch. 1248, § 34, eff. Sept. 1,
1989. Renumbered from V.T.C.A., Government Code § 30.487 by
Acts 1997, 75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997.
Renumbered from § 30.00007 and amended by Acts 1999, 76th Leg.,
ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.000085. REMOVAL OF JUDGE. A municipal judge of a
general law municipality may be removed from office at any time for
the reasons stated and by the procedure provided for the removal of
members of a municipal governing body in Subchapter B, Chapter 21,
Local Government Code. A municipal judge of a home-rule
municipality may be removed from office by the governing body for
the reasons stated and by the procedures provided for the removal of
judges in the charter of the municipality or, if the charter does
not provide for the removal of judges, as provided by Section 1-a,
Article V, Texas Constitution, or by the procedure provided for the
removal of members of a municipal governing body in Subchapter B,
Chapter 21, Local Government Code.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 402, § 19, eff. Sept. 1,
2001.
§ 30.00009. CLERK; OTHER PERSONNEL. (a) The
governing body shall by ordinance provide for the appointment of a
clerk of the municipal courts of record. The municipal clerk shall
keep the records of the municipal courts of record, issue process,
and generally perform the duties that a clerk of a county court at
law exercising criminal jurisdiction performs for that court. In
addition, the clerk shall maintain an index of all court judgments
in the same manner as county clerks are required by law to prepare
for criminal cases arising in county courts.
(b) The governing body may provide deputy clerks, warrant
officers, and other personnel as needed for the proper operation of
the courts.
(c) The clerk and other court personnel perform their duties
under the direction and control of the presiding judge.
(d) The governing body shall by ordinance provide for the
hiring, direction, supervision, and removal of the personnel
authorized in the annual budget for the clerk's office.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.488 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00008 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00010. COURT REPORTER. (a) The municipality
shall provide a court reporter to preserve a record in cases tried
before a municipal court of record. The court reporter must meet the
qualifications provided by law for official court reporters. The
reporter shall be compensated by the municipality in the manner
determined by the governing body.
(b) The court reporter may use written notes, transcribing
equipment, video or audio recording equipment, or a combination of
those methods to record the proceedings of the court. The reporter
shall keep the record for the 20-day period beginning the day after
the last day of the proceeding, trial, or denial of motion for new
trial, or until any appeal is final, whichever occurs last.
(c) The court reporter is not required to record testimony
in a case unless the judge or one of the parties requests a record.
(d) Instead of providing a court reporter, the governing
body may provide that the proceedings may be recorded by a good
quality electronic recording device. If the governing body
authorizes the electronic recording, the court reporter is not
required to be present to certify the statement of facts. The
recording shall be kept for the 20-day period beginning the day
after the last day of the court proceeding, trial, or denial of
motion for new trial, whichever occurs last. If a case is appealed,
the proceedings shall be transcribed from the recording by an
official court reporter.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.489 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00009 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00011. PROSECUTIONS. All prosecutions in
municipal courts of record shall be conducted as provided by
Article 45.03, Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.490 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00010 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00012. COURT FACILITIES. The governing body shall
provide courtrooms, jury rooms, offices, office furniture,
libraries, law books, and other facilities and supplies that the
governing body determines are necessary for the proper operation of
the municipal courts of record.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.000125. SEAL. (a) The governing body shall
provide each municipal court of record with a seal.
(b) The seal's appearance and use must substantially
conform to Article 45.02, Code of Criminal Procedure, but must
include the phrase "Municipal Court of/in __________, Texas."
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.000126. COMPLAINT; PLEADING. Complaints and
pleadings must substantially conform to the relevant provisions of
Chapters 27 and 45, Code of Criminal Procedure.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00013. JURY. (a) Ordinances, rules, and
procedures concerning a trial by a jury, including the summoning of
jurors, must substantially conform to Chapter 45, Code of Criminal
Procedure.
(b) The presiding judge, the municipal court clerk, or the
court administrator, as determined by ordinance, shall supervise
the selection of persons for jury service.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.492 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00012 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00014. APPEAL. (a) A defendant has the right of
appeal from a judgment or conviction in a municipal court of record.
The state has the right to appeal as provided by Article 44.01, Code
of Criminal Procedure. The county criminal courts or county
criminal courts of appeal in the county in which the municipality is
located or the municipal courts of appeal have jurisdiction of
appeals from a municipal court of record. If there is no county
criminal court, county criminal court of appeal, or municipal court
of appeal, the county courts at law have jurisdiction of an appeal.
(b) The appellate court shall determine each appeal from a
municipal court of record conviction and each appeal from the state
on the basis of the errors that are set forth in the appellant's
motion for new trial and that are presented in the transcript and
statement of facts prepared from the proceedings leading to the
conviction or appeal. An appeal from the municipal court of record
may not be by trial de novo.
(c) To perfect an appeal, the appellant must file a written
motion for new trial with the municipal clerk not later than the
10th day after the date on which judgment is rendered. The motion
must set forth the points of error of which the appellant complains.
The motion or an amended motion may be amended by leave of court at
any time before action on the motion is taken, but not later than
the 20th day after the date on which the original or amended motion
is filed. The court may for good cause extend the time for filing or
amending, but the extension may not exceed 90 days from the original
filing deadline. If the court does not act on the motion before the
expiration of the 30 days allowed for determination of the motion,
the original or amended motion is overruled by operation of law.
(d) To perfect an appeal, the appellant must also give
notice of the appeal. If the appellant requests a hearing on the
motion for new trial, the appellant may give the notice of appeal
orally in open court on the overruling of the motion. If there is no
hearing, the appellant must give a written notice of appeal and must
file the notice with the court not later than the 10th day after the
date on which the motion is overruled. The court may for good cause
extend that time period, but the extension may not exceed 90 days
from the original filing deadline.
(e) If the defendant is in custody, the appeal is perfected
when the notice of appeal is given as provided by Article 44.13,
Code of Criminal Procedure.
(f) A municipality shall by ordinance establish a
transcript preparation fee in the amount of $25. The transcript
preparation fee does not include the fee for an actual transcript of
the proceedings. The clerk shall note the payment of the fee on the
docket of the court. If the case is reversed on appeal, the fee
shall be refunded to the defendant.
(g) The defendant shall pay the transcript preparation fee
and the fee for an actual transcript of the proceedings.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.493 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00013 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00015. APPEAL BOND. (a) If the defendant is not
in custody, the defendant may not take an appeal until the defendant
files an appeal bond with the municipal court of record. The bond
must be approved by the court and must be filed not later than the
10th day after the date on which the motion for new trial is
overruled. If the defendant is in custody, the defendant shall be
committed to jail unless the defendant posts the appeal bond.
(b) The appeal bond must be in the amount of $100 or double
the amount of the fines and costs adjudged against the defendant,
whichever is greater.
(c) The bond must:
(1) state that the defendant was convicted in the case
and has appealed; and
(2) be conditioned on the defendant's immediate and
daily personal appearance in the court to which the appeal is taken.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.494 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00014 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00016. RECORD ON APPEAL. The record on appeal must
substantially conform to the provisions relating to the preparation
of a record on appeal in the Texas Rules of Appellate Procedure and
the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.495 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00015 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00017. TRANSCRIPT. The transcript must
substantially conform to the provisions relating to the preparation
of a transcript in the Texas Rules of Appellate Procedure and the
Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.496 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00016 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00018. BILLS OF EXCEPTION. Bills of exception must
substantially conform to the provisions relating to the preparation
of bills of exception in the Texas Rules of Appellate Procedure and
the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.497 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00017 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00019. STATEMENT OF FACTS. (a) A statement of
facts included in the record on appeal must substantially conform
to the provisions relating to the preparation of a statement of
facts in the Texas Rules of Appellate Procedure and the Code of
Criminal Procedure.
(b) The appellant shall pay for the statement of facts.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.498 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00018 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00020. TRANSFER OF RECORD. (a) Not later than
the 60th day after the date on which the notice of appeal is given or
filed, the parties must file with the municipal clerk:
(1) the statement of facts;
(2) a written description of material to be included
in the transcript in addition to the required material; and
(3) any material to be included in the transcript that
is not in the custody of the clerk.
(b) On completion of the record, the municipal judge shall
approve the record in the manner provided for record completion,
approval, and notification in the court of appeals.
(c) After the court approves the record, the clerk shall
promptly send the record to the appellate court clerk for filing.
The appellate court clerk shall notify the defendant and the
prosecuting attorney that the record has been filed.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.499 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00019 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00021. BRIEF ON APPEAL. (a) An appellant's brief
on appeal from a municipal court of record must present points of
error in the manner required by law for a brief on appeal to the
court of appeals.
(b) The appellant must file the brief with the appellate
court clerk not later than the 15th day after the date on which the
transcript and statement of facts are filed with that clerk. The
appellant or the appellant's attorney must certify that the brief
has been properly mailed to the appellee.
(c) The appellee must file the appellee's brief with the
appellate court clerk not later than the 15th day after the date on
which the appellant's brief is filed.
(d) Each party, on filing the party's brief with the
appellate court clerk, shall deliver a copy of the brief to the
opposing party and to the municipal judge.
(e) The record and the briefs on appeal shall be limited as
far as possible to the questions relied on for reversal.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.500 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00020 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00022. NEW TRIAL. The trial court shall decide
from the briefs of the parties whether the appellant should be
permitted to withdraw the notice of appeal and be granted a new
trial by the court. The court may grant a new trial at any time
before the record is filed with the appellate court.
Added by Acts 1999, 76th Leg., ch. 691, § 1, eff. Sept. 1, 1999.
§ 30.00023. COURT RULES. (a) Except as modified by
this subchapter, the Code of Criminal Procedure and the Texas Rules
of Appellate Procedure govern the trial of cases before the
municipal courts of record. The courts may make and enforce all
rules of practice and procedure necessary to expedite the trial of
cases before the courts that are not inconsistent with law.
(b) The appellate courts may make and enforce all rules of
practice and procedure that are not inconsistent with law and that
are necessary to expedite the dispatch of appeals from the
municipal courts of record.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.501 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00021 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00024. DISPOSITION ON APPEAL. (a) According to
the law and the nature of the case, the appellate court may:
(1) affirm the judgment of the municipal court of
record;
(2) reverse and remand for a new trial;
(3) reverse and dismiss the case; or
(4) reform and correct the judgment.
(b) Unless the matter was made an issue in the trial court or
it affirmatively appears to the contrary from the transcript or the
statement of facts, the appellate court shall presume that:
(1) venue was proven in the trial court;
(2) the jury, if any, was properly impaneled and
sworn;
(3) the defendant was arraigned and pleaded to the
complaint; and
(4) the municipal judge certified the charge before it
was read to the jury.
(c) In each case decided by the appellate court, the court
shall deliver a written opinion or order either sustaining or
overruling each assignment of error presented. The court shall set
forth the reasons for its decision. The appellate court clerk shall
mail copies of the decision to the parties and to the municipal
judge as soon as the decision is rendered.
(d) The appellate court may determine the rules for oral
argument. The parties may submit the case on the record and briefs
without oral argument.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.502 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00022 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00025. CERTIFICATE OF APPELLATE
PROCEEDINGS. (a) When the judgment of the appellate court
becomes final, the clerk of that court shall certify the
proceedings and the judgment and shall mail the certificate to the
municipal clerk. The municipal clerk shall file the certificate
with the papers in the case and note the certificate on the case
docket.
(b) If the municipal court of record judgment is affirmed,
to enforce the judgment the court may:
(1) forfeit the bond of the defendant;
(2) issue a writ of capias for the defendant;
(3) issue an execution against the defendant's
property;
(4) order a refund for the defendant's costs; or
(5) conduct an indigency hearing at the court's
discretion.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.503 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00023 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00026. EFFECT OF ORDER OF NEW TRIAL. If the
appellate court awards a new trial to the appellant, the case stands
as if a new trial had been granted by the municipal court of record.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.504 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00024 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
§ 30.00027. APPEALS TO COURT OF APPEALS. (a) The
appellant has the right to appeal to the court of appeals if the
fine assessed against the defendant exceeds $100 and if the
judgment is affirmed by the appellate court.
(b) The provisions of the Code of Criminal Procedure
relating to direct appeals from a county or a district court to the
court of appeals apply to the appeal, except that:
(1) the record and briefs on appeal in the appellate
court constitute the record and briefs on appeal to the court of
appeals unless the rules of the court of criminal appeals provide
otherwise; and
(2) the record and briefs shall be filed directly with
the court of appeals.
Added by Acts 1987, 70th Leg., ch. 811, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code § 30.505 by Acts 1997,
75th Leg., ch. 165, § 8.02, eff. Sept. 1, 1997. Renumbered from
§ 30.00025 and amended by Acts 1999, 76th Leg., ch. 691, § 1,
eff. Sept. 1, 1999.
SUBCHAPTER B. LUBBOCK
§ 30.00041. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Lubbock.
(b) In this subchapter, "appellate courts" means the county
courts at law of Lubbock County that have criminal appellate
jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code § 30.001 by Acts 1997,
75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 2, eff. Sept. 1, 1999.
§ 30.00044. JUDGE. (a) Repealed by Acts 1999, 76th
Leg., ch. 691, § 139(1), eff. Sept. 1, 1999.
(b) A municipal judge is elected by the qualified voters of
the city for a term of four years.
(c) A municipal judge must be a licensed attorney in good
standing, must have practiced law in this state for five years, and
must be a citizen of the United States and of this state. The judge
must satisfy the residency requirements pertaining to a member of
the city council. A person may not serve as a municipal judge while
the person holds other office or employment with the city
government. A municipal judge who takes such an office or
employment vacates the judicial office.
(d) to (i) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(1), eff. Sept. 1, 1999.
(j) A municipal judge shall comply with the financial
statement requirements under Chapter 572.
(k) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(1),
eff. Sept. 1, 1999.
(l) Section 30.00007(b)(5) does not apply to this
subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 1248, § 27, eff. Sept. 1, 1989; Acts
1995, 74th Leg., ch. 76, § 5.95(40), eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Government Code § 30.004 by Acts 1997,
75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 3, 139(1), eff. Sept. 1, 1999.
§ 30.00046. COURT REPORTER. (a), (b) Repealed by Acts
1999, 76th Leg., ch. 691, § 139(1), eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code § 30.006 by Acts 1997,
75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997. Amended by Acts
1999, 76th Leg., ch. 691, § 4, 139(1), eff. Sept. 1, 1999.
§ 30.00049. COMPLAINT; PROSECUTION; PLEADING. (a) A
proceeding in a municipal court of record commences with a
complaint. The complaint must begin "In the name and by the
authority of the State of Texas" and must conclude "Against the
peace and dignity of the State." If the offense is only covered by
an ordinance, it may also conclude "Contrary to the said
ordinance."
(b) A complaint before the court may be sworn to before an
officer authorized to administer oaths or before the municipal
judge, clerk, city secretary, or city attorney, or the assistant or
deputy of the judge, clerk, city secretary, or city attorney, each
of whom may administer oaths for that purpose.
(c) A complaint must be in writing and must state:
(1) the name of the accused, if known;
(2) an accurate description of the accused, if the
name is unknown;
(3) in plain and intelligible words, the offense with
which the accused is charged;
(4) the place where the offense was committed, which
must appear to be within the jurisdiction of the court; and
(5) the date on which the offense was committed, which
must show that the offense is not barred by limitations.
(d) A prosecution in a court shall be conducted by the city
attorney or an assistant or deputy city attorney.
(e) All pleadings must be in writing and must be filed with
the clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code § 30.009 by Acts 1997,
75th Leg., ch. 165, § 8.03, eff. Sept. 1, 1997.
SUBCHAPTER C. IRVING
§ 30.00081. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Irving.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Dallas County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0241 by Acts
1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 5, eff. Sept. 1, 1999.
§ 30.00084. JUDGE. (a) to (g) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(2), eff. Sept. 1, 1999.
(h) In addition to exercising powers under Section
30.00006, a municipal judge, with the approval of all parties, may
order a defendant and the victim or complainant in a case before the
municipal court to engage in mediation or alternative dispute
resolution. The city shall provide mediation services and pay all
costs of those services.
(i) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(2),
eff. Sept. 1, 1999.
(j) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0244 by Acts
1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 6, 139(2), eff. Sept. 1, 1999.
§ 30.00085. CLERK; OTHER PERSONNEL. (a) The city
manager of the city may appoint a clerk of the municipal court of
record who may hire, direct, and remove the personnel authorized in
the city's annual budget for the clerk's office. The clerk shall
perform the duties in accordance with statutes, the city charter,
and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0245 by Acts
1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 7, eff. Sept. 1, 1999.
§ 30.00086. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(2), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 477, § 1, eff. June 12, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0246 by Acts
1997, 75th Leg., ch. 165, § 8.05, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 8, 139(2), eff. Sept. 1, 1999.
SUBCHAPTER D. EL PASO
§ 30.00121. SHORT TITLE; APPLICATION. (a) This
subchapter may be cited as the El Paso Courts Act.
(b) This subchapter applies to the City of El Paso.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.031 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00122. DEFINITION. In this subchapter, "appellate
court" means the El Paso Municipal Court of Appeals.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.032 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00123. MARRIAGE CEREMONIES. The judge of the
appellate court and each municipal judge may conduct marriage
ceremonies in the city.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.033 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00128. JUDGE. (a) Repealed by Acts 1999, 76th
Leg., ch. 691, § 139(3), eff. Sept. 1, 1999.
(b) A municipal judge is elected by the qualified voters of
the city for a term of two years unless the city by charter
amendment provides for a four-year term as provided by Article XI,
Section 11, of the Texas Constitution.
(c), (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(3), eff. Sept. 1, 1999.
(e) The municipal judges shall select by a majority vote of
those judges a presiding judge of the municipal courts of record.
(f) The presiding municipal judge may, when necessary for
the expeditious disposition of the business of the courts and with
the approval of the governing body of the city, divide a municipal
court of record into one or more divisions. A division is presided
over by an associate municipal judge. A division has concurrent
jurisdiction with the other divisions and municipal courts of
record. Divisions of the courts may be in concurrent and continuous
session, either day or night, at the discretion of the presiding
judge. The presiding judge may assign and transfer any case pending
in any of the courts or divisions to any other of the courts or
divisions. The presiding judge may direct the manner in which cases
are filed and docketed. He may assign a case or proceeding pending
in any of the courts to the judge of another court or division. He
may assign the judge of any of the courts or divisions to try a case
or hear a proceeding pending in another court or division.
(g) In addition to complying with Section 30.00006(h), the
salary of the presiding judge must be set at an amount that is at
least 20 percent more than the salary of the regular municipal
judges.
(h) to (k) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(3), eff. Sept. 1, 1999.
(l) Section 30.00007(b) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.038 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 9, 139(3), eff. Sept. 1, 1999.
§ 30.00129. COURT CLERK; OTHER PERSONNEL. In addition
to satisfying the requirements of Section 30.00009, the governing
body of the city shall provide a clerk of the municipal courts of
record, deputy clerks, and other municipal court personnel,
including at least one bailiff for each court, as necessary for the
proper operation of the municipal courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.039 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 10, eff. Sept. 1, 1999.
§ 30.00130. COURT REPORTER; USE OF
TRANSCRIPTS. (a) To preserve a record in cases tried before the
municipal courts of record, the city shall provide a court
reporter. The governing body of the city shall determine the
qualifications and compensation of the court reporter.
(b) The court reporter may preserve the record of
proceedings by written notes, transcribing equipment, recording
equipment, or any combination of those methods. The court reporter
is not required to take or record testimony in a case in which
neither the defendant, the prosecutor, nor the judge demands it.
(c) Testimony, exhibits, and evidence given by a witness in
a proceeding in a municipal court of record are solely for the
purposes of that proceeding or an appeal from that proceeding, and
in any civil proceeding, evidence relating to the testimony,
exhibits, evidence, or reproductions of testimony, exhibits, or
evidence is privileged and not admissible except for impeachment
purposes.
(d) Repealed by Acts 2003, 78th Leg., ch. 1263, § 1.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.040 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 11, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 1263, § 1, eff. Sept. 1, 2003.
§ 30.00136. CONTINUATION OF MUNICIPAL COURT OF
APPEALS. (a) The El Paso Municipal Court of Appeals continues in
existence as long as a municipal court of record exists in the city.
(b) If the municipal court of record ordinance is repealed,
the appellate court continues in existence as long as there are
appeals before it. A reversal and remand for new trial or other
order returning a case to the trial court shall be to the municipal
court that replaces the municipal courts of record.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.046 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00137. APPELLATE COURT JURISDICTION. (a) The
appellate court has exclusive jurisdiction over all appeals from
the municipal courts of record of the city. The county courts at
law of El Paso County have no jurisdiction over appeals from
municipal courts.
(b) The appellate court and the judge of that court have the
power in criminal law matters to issue to the municipal courts and
judges of those courts the writs of mandamus, procedendo,
prohibition, injunction, and other writs necessary to protect the
appellate court's jurisdiction or enforce its judgments.
(c) The appellate court has the power on affidavit or
otherwise to ascertain matters of fact necessary to the exercise of
its jurisdiction.
(d) The judge of the appellate court is a magistrate within
the meaning of the Code of Criminal Procedure, 1965.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.047 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00138. TERM OF COURT. The appellate court may sit
for the transaction of business at any time during the year, and
each term begins and ends with the calendar year. The appellate
court may use the city council chambers or other appropriate
location as its courtroom for argument of cases and other court
matters.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.048 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00139. APPELLATE COURT CLERK. In addition to other
duties, the city clerk serves as the appellate court clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.049 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00140. APPELLATE COURT JUDGE. (a) The appellate
judge shall be elected by the qualified voters of the city for a
term of two years, unless the city by charter amendment provides for
a four-year term as provided by Article XI, Section 11, of the Texas
Constitution. The appellate judge must be a citizen of the United
States and of this state and must have been a practicing attorney of
this state for at least five years immediately preceding his
election or appointment.
(b) A vacancy in the appellate court shall be filled by
appointment by the governing body of the city. The appointee serves
until the next regular municipal election, and at that election the
vacancy for the unexpired or full term shall be filled by election
by the qualified voters of the city.
(c) The appellate judge shall take the oath of office
required for a municipal judge.
(d) An appointed or elected appellate judge may not be
removed from office except in the same manner and for the same
causes as provided by law for county judges and as provided by
Article V, Section 1-a, of the Texas Constitution.
(e) The appellate judge is entitled to compensation from the
city as set by the governing body of the city. The judge's
compensation may not be diminished but may be increased during his
term of office.
(f) The city shall provide the appellate court with
necessary clerical help. The appellate judge and the city may agree
that the judge will provide for his own clerical help, and in that
event the judge is entitled to additional reasonable compensation
by agreement with the city.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.050 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00141. APPELLATE COURT SEAL. The seal of the
appellate court is the same as that provided by law for municipal
courts of record, except that the seal must contain the words
"Municipal Court of Appeals of the City of El Paso," and the seal
shall be judicially noticed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.051 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00142. SPECIAL APPELLATE JUDGE. (a) If the
appellate judge is unable to act, the governing body of the city may
appoint a person, or the appellant and the city attorney in a
particular case may agree on a person, to serve as the special
appellate judge. The special appellate judge has the powers and
duties of the office and is entitled to receive the same
compensation as the regular appellate judge for serving as a
special appellate judge.
(b) A municipal judge or associate municipal judge may not
be appointed or selected as a special appellate judge.
(c) Except as provided by Subsection (d), an appointment of
a special appellate judge automatically terminates when the regular
appellate judge returns to duty.
(d) If an appellate judge is disqualified from hearing a
particular case, the governing body of the city may appoint a
person, or the appellant and the city attorney may agree on a
person, to serve as the special appellate judge. A special
appellate judge appointed or selected under this subsection is
entitled to receive the same daily compensation as the regular
appellate judge for each day he works on the case he was appointed
or selected to hear. An appointment automatically terminates at
the time the mandate or mandates issue in the case he was appointed
to hear.
(e) A special appellate judge must have the qualifications
required of the regular appellate judge and shall, before he begins
serving as a special appellate judge, take the oath of office
required for a municipal judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.052 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00143. RULES. The appellate judge may make and
publish rules of appellate criminal procedure not inconsistent with
this subchapter or other law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.053 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00144. NEW TRIAL. (a) A motion for new trial is
not necessary to authorize an appeal.
(b) If a motion for new trial is made, it must be filed not
later than the 10th day after the date of the rendition of the
judgment of conviction.
(c) One or more amended motions for new trial may be filed
without leave of court before any preceding motion for new trial
filed by the movant is overruled if the motion is filed not later
than 15 days after the date of the rendition of the judgment of
conviction.
(d) If an original or amended motion for new trial is not
determined by written order signed not later than 30 days after the
date of the rendition of the judgment of conviction, the motion is
overruled by operation of law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.054 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 12, eff. Sept. 1, 1999.
§ 30.00145. RIGHT OF APPEAL. (a) A defendant has the
right of appeal from a judgment of conviction in the municipal court
of record under the rules prescribed by this subchapter. The state
has the right of appeal as provided by Article 44.01, Code of
Criminal Procedure. The El Paso Municipal Court of Appeals has
jurisdiction over appeals from the municipal courts of record, and
all appeals from convictions in the municipal court of record must
be prosecuted in the appellate court, the court of appeals, or the
court of criminal appeals by the city attorney or an assistant city
attorney.
(b) Section 30.00014 does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.055 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 13, eff. Sept. 1, 1999.
§ 30.00146. NO DE NOVO APPEALS. An appeal from the
municipal court of record may not be taken to a trial de novo in the
appellate court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.056 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00147. PERFECTING APPEAL. (a) A defendant, as a
condition of perfecting an appeal to the appellate court, must file
an appeal bond, unless the defendant is in custody. An appeal may
be perfected by timely filing with the municipal court clerk an
appeal bond that meets the requirements of Subchapter A. It is not
necessary to file a notice of appeal. If the defendant is in
custody, the appeal is perfected when notice of appeal is given as
provided by Article 44.13, Code of Criminal Procedure.
(b) At the same time the defendant files the appeal bond,
the defendant must pay to the municipal court clerk a $25 appellate
court docket fee. The clerk collects the fee on behalf of the
appellate court.
(c) The appeal bond must be filed not later than the 10th day
after overruling of the motion or amended motion for new trial, or
if there is no motion or amended motion for new trial, not later
than the 10th day after the rendition of the judgment of conviction.
(d) For good cause shown, not later than the 100th day after
the date of rendition of the judgment of conviction, the appellate
court or the court of appeals may permit the filing of an appeal
bond or the giving of notice of appeal in the municipal court of
record even though the time limits set under this section have
expired.
(e) Except for the limitation contained in Subsection (d),
the appellate court may, for good cause shown, extend any time
limits set in this subchapter for the appellate process.
(f) In a case in which an appellant or the prosecutor files a
motion in the appellate court, the opposite party shall be given an
opportunity to answer the motion under time limits and conditions
set by the appellate court rules.
(g) The appellate court shall waive the $25 appellate court
docket fee if the appellate court finds after hearing that the
defendant is unable to pay the fee. The defendant must file and
personally sign an affidavit that he is unable to pay. The
defendant must file the affidavit not later than the 10th day after
the record on appeal is filed in the appellate court. The affidavit
of inability to pay must contain reasonable information as the
appellate court may require by rules. The prosecutor may
controvert, under time limits and conditions set by the appellate
court rules, the affidavit of inability to pay the docket fee and
may call the appellant as a witness on that issue.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.057 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 14, eff. Sept. 1, 1999.
§ 30.00162. DISPOSITION ON APPEAL; PRESUMPTIONS;
DECISION. (a) The appellate court may:
(1) affirm the judgment of the municipal court of
record;
(2) reverse and remand for a new trial;
(3) reverse and dismiss the case;
(4) reform and correct the judgment;
(5) abate the appeal or dismiss the appeal; or
(6) enter any other appropriate order, as the law and
the nature of the case require.
(b) Unless the following matters were made an issue in the
trial court or it affirmatively appears to the contrary from the
transcript or statement of the facts, the appellate court shall
presume that:
(1) venue was proven in the court below;
(2) the jury was properly impaneled and sworn;
(3) the defendant was arraigned;
(4) the defendant pleaded to the complaint; and
(5) the court's charge was certified by the municipal
court judge before it was read to the jury.
(c) In each case decided by the appellate court, the court
shall deliver a written opinion or order either sustaining or
overruling each assignment of error presented and a judgment shall
be entered on the opinion or order. If an assignment of error is
overruled, no reason need be given by the appellate court, but cases
relied on by the court may be cited. If an assignment of error is
sustained, the appellate court shall set forth the reasons for the
decision and precedent if it exists. The appellate court clerk
shall mail copies of the decision and judgment of the appellate
court to the parties and to the municipal court clerk as soon as the
decision is rendered by the appellate court.
(d) After the decision of the appellate court is delivered,
a party desiring a rehearing must present, not later than the 10th
day after the date the decision is delivered, to the court a motion
for rehearing. The motion must distinctly specify the grounds
relied on for rehearing and must be accompanied by written argument
in behalf of the motion. Oral argument in support of the motion is
not permitted. A reply to a motion for rehearing need not be filed
unless requested by the court. If a motion for rehearing is
granted, the court may make final disposition of the case without
reargument, may order the case resubmitted, with or without oral
argument, or may issue other orders appropriate under the
circumstances of the particular case. A second motion for
rehearing may not be filed by the losing party unless permitted by
appellate court rules.
(e) Immediately after a decision of the appellate court
becomes final, the clerk of that court shall issue a mandate and a
bill of costs in the case to the trial court unless directed to
withhold the mandate by the appellate court.
(f) If a decision of the appellate court is appealed to a
court of appeals, the appellate court on receipt of the mandate or
other order from the court of appeals shall immediately comply with
the order or mandate by issuing its own order or mandate and bill of
costs, as the case may be. When a decision of a court of appeals
becomes final, the clerk of that court shall issue a mandate in the
case to the appellate court. A decision of a court of appeals is
final as provided by Article 42.045, Code of Criminal Procedure,
1965.
(g) Original papers transmitted as the record on appeal to
the court of appeals, on final disposition of the case in the court
of appeals or the court of criminal appeals, shall be returned to
the court clerk from which they were received. The clerk of each
court shall preserve copies of briefs and papers originally filed
in that court.
(h) The municipal court clerk and the appellate court clerk
shall keep a copy of each decision of the appellate court in a
volume or volumes with an index so that the public can inspect the
decisions of the appellate court without the necessity of
inspecting individual records of each case.
(i) When the mandate of the appellate court is received by
the municipal court clerk, the clerk shall file it with the papers
in the case and note it on the docket. If the judgment has been
affirmed or the appeal is dismissed, a proceeding is not necessary
after filing the appellate court mandate in the municipal court of
record to enforce the judgment of the court, except to forfeit the
bond of the defendant, to issue a capias for the defendant, or to
issue an execution against the defendant's property.
(j) If the appellate court awards a new trial to the
defendant, the cause stands as if a new trial had been granted by
the municipal court of record, and the defendant shall continue on
his appeal bond and shall appear for trial on notification mailed to
his address on the appeal bond.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 5.02(3), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Government Code, § 30.072 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
§ 30.00164. ALTERNATE APPELLATE PROCEDURE. (a) If the
El Paso Municipal Court of Appeals created by this subchapter is
held unconstitutional or invalid, all appeals under this subchapter
shall be considered as taken to the county courts at law of El Paso
County. Those appeals shall be docketed as provided by county court
at law rules. The county courts at law of El Paso County have
jurisdiction over those appeals and this subchapter applies to
those appeals. One county court at law of El Paso County shall act
as the appellate court. That court shall be designated from time to
time as the appellate court by the majority vote of the judges of
the county courts at law of El Paso County. All appeals pending in
the appellate court on the date that any decision becomes final
holding the municipal court of appeals unconstitutional or invalid
shall be transferred by the appellate court to the county courts at
law of El Paso County, and all decisions of the appellate court that
have become final on or before that date are valid.
(b) If appeals are taken to the county courts at law of El
Paso County under Subsection (a), a reference to "appellate court"
in this subchapter means the county court at law of El Paso County
that is designated as the appellate court under this section,
except that a provision of this subchapter that is inconsistent
with the laws, statutes, and rules applicable to creation and
organization of the county courts at law of El Paso County will not
apply, and an appeal is not tried de novo in the county court at law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.074 by Acts
1997, 75th Leg., ch. 165, § 8.06, eff. Sept. 1, 1997.
SUBCHAPTER E. KENNEDALE
§ 30.00181. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Kennedale.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Tarrant County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0761 by Acts
1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 15, eff. Sept. 1, 1999.
§ 30.00184. JUDGE. (a) to (j) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(4), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0764 by Acts
1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 16, 139(4), eff. Sept. 1, 1999.
§ 30.00185. CLERK; OTHER PERSONNEL. (a) The city
manager or city administrator of the city shall appoint a clerk of
the municipal court of record who may hire, direct, and remove the
personnel authorized in the city's annual budget for the clerk's
office. The clerk shall perform the duties in accordance with
statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0765 by Acts
1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 17, eff. Sept. 1, 1999.
§ 30.00186. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(4), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 180, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.0766 by Acts
1997, 75th Leg., ch. 165, § 8.07, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 18, 139(4), eff. Sept. 1, 1999.
SUBCHAPTER F. SAN ANTONIO
§ 30.00221. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of San Antonio.
(b) In this subchapter, "appellate courts" means the county
courts at law of Bexar County that have criminal appellate
jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.081 by Acts
1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 19, eff. Sept. 1, 1999.
§ 30.00224. JUDGE. (a), (b) Repealed by Acts 1999, 76th
Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
(c) In addition to satisfying the requirements of Section
30.00006(c), a municipal judge must have been a resident of the city
for at least three years immediately preceding the judge's
appointment.
(d) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(5), eff. Sept. 1, 1999.
(k) Section 30.00007(b)(5) does not apply to this
subchapter.
(l) In addition to the duties imposed under Sections
30.00007(b)(1)-(4), the presiding judge shall promulgate work
rules for the administration of the municipal courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.37(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 1248, § 28, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Government Code, § 30.084 by Acts
1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 691, § 20, 139(5), eff. Sept. 1, 1999.
§ 30.00225. CLERK; OTHER PERSONNEL. (a), (b) Repealed
by Acts 1999, 76th Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
(c) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.38(a), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Government Code, § 30.085 by Acts
1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 21, eff. Sept. 1, 1999.
§ 30.00226. COURT REPORTER. (a) The city shall
provide a court reporter for the purpose of preserving a record in
cases tried before the municipal court of record. The person
selected as court reporter must meet the qualifications provided by
law for official court reporters. The chief administrative officer
of the city shall set the compensation of the court reporter on the
recommendation of the presiding municipal judge.
(b) The court reporter may preserve the record through
written notes, transcribing equipment, recording equipment, or any
combination of those methods. The reporter is not required to
record testimony in a case in which neither the defendant, the
prosecutor, nor the judge demands it.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.086 by Acts
1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997.
§ 30.00229. COMPLAINT; PROSECUTION;
PLEADING. (a) to (d) Repealed by Acts 1999, 76th Leg., ch. 691,
§ 139(5), eff. Sept. 1, 1999.
(e) All pleadings in a municipal court of record must be in
writing and must be filed with the clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.089 by Acts
1997, 75th Leg., ch. 165, § 8.08, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 139(5), eff. Sept. 1, 1999.
SUBCHAPTER G. MANSFIELD
§ 30.00261. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Mansfield.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Tarrant County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1041 by Acts
1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 22, eff. Sept. 1, 1999.
§ 30.00264. JUDGE. (a) to (j) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(6), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1044 by Acts
1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 23, 139(6), eff. Sept. 1, 1999.
§ 30.00265. MAGISTRATES. (a) The governing body may
appoint one or more magistrates.
(b) A magistrate does not have to possess all the
qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear
contested cases.
(d) A magistrate may:
(1) conduct an arraignment;
(2) hold an indigency hearing;
(3) accept a plea;
(4) sign a judgment;
(5) set the amount of a bond; and
(6) perform other functions under Article 15.17, Code
of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1045 by Acts
1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997.
§ 30.00266. CLERK; OTHER PERSONNEL. (a) The city
manager of the city shall appoint a clerk of the municipal court of
record who may hire, direct, and remove the personnel authorized in
the city's annual budget for the clerk's office. The clerk shall
perform the duties in accordance with statutes, the city charter,
and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1046 by Acts
1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 24, eff. Sept. 1, 1999.
§ 30.00267. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(6), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 182, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1047 by Acts
1997, 75th Leg., ch. 165, § 8.09, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 25, 139(6), eff. Sept. 1, 1999.
SUBCHAPTER H. WICHITA FALLS
§ 30.00301. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Wichita Falls.
(b) In this subchapter, "appellate courts" means the county
courts at law of Wichita County that have criminal appellate
jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.111 by Acts
1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 26, eff. Sept. 1, 1999.
§ 30.00304. JUDGE. (a) Repealed by Acts 1999, 76th
Leg., ch. 691, § 139(7), eff. Sept. 1, 1999.
(b) In addition to satisfying the requirements of Section
30.00006(c), a municipal judge must maintain residence in the city
during the tenure of office but need not be a resident of the city at
the time of the appointment. The judge may not engage in the
private practice of law while in office. The judge must execute a
bond and take the oath of office required of a county judge.
(c) to (h) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(7), eff. Sept. 1, 1999.
(i) Sections 30.00007(a) and (b)(5) do not apply to this
subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.114 by Acts
1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 27, 139(7), eff. Sept. 1, 1999.
§ 30.00305. CLERK. (a) The city manager shall appoint
a clerk of the municipal courts of record. The clerk holds office at
the pleasure of the city manager and is subject to all city charter
provisions, ordinances, and personnel policies relating to
non-civil service city employees.
(b) Section 30.00009(c) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 83, § 1, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code, § 30.115 by Acts
1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 691, § 28, eff. Sept. 1, 1999.
§ 30.00306. COURT REPORTER. (a) The city manager
shall appoint an official court reporter under Section 30.00010 for
the purpose of preserving a record in cases tried before the
municipal courts of record. The reporter holds office at the
pleasure of the city manager. The city manager may appoint more
than one reporter for each court if necessary to dispose of the
business of the court without delay. If a reporter is not demanded,
a statement of facts may be prepared from mechanical, audio, or
video recordings of the proceedings.
(b) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 83, § 2, eff. Aug. 31, 1987.
Renumbered from V.T.C.A., Government Code, § 30.116 by Acts
1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 691, § 29, eff. Sept. 1, 1999.
§ 30.00308. CIVIL SERVICE ORDINANCE; VACATION OF
COURT. (a) The judges, clerk and deputy clerks, and court
reporters of the municipal courts are not classified employees
under the city civil service ordinance. The governing body of the
city may provide by ordinance that all other employees of the courts
may be hired and paid as classified employees under the city civil
service ordinance. The judges, clerk and deputy clerks, and court
reporters are entitled to receive the same vacation, sick leave,
and other benefits that are provided for other nonclassified
employees under regulations provided by the governing body by
ordinance and may be authorized or required by the governing body to
participate in the city retirement program.
(b) If after the establishment of a municipal court of
record the governing body finds by ordinance that the condition of
the dockets of the other courts of the county does not require the
existence of the court to dispose properly of the cases arising in
the city, the governing body shall declare the offices of the
municipal judge, clerk, court reporter, and other employees of the
court to be vacated at the end of the term for which the judge was
last appointed. Any case then pending shall be transferred to a
court with proper jurisdiction of the offense.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.118 by Acts
1997, 75th Leg., ch. 165, § 8.10, eff. Sept. 1, 1997.
§ 30.00310. FILING OF ORIGINAL PAPERS.
Text of subsec. (a) as amended by Acts 1989, 71st Leg., ch. 1248,
§ 29
(a) The clerk of the municipal courts of record shall file
the original complaint and the original of other papers and
proceedings in each case under the direction of the presiding
judge. The filed original papers constitute the records of the
courts and a separate record book is not required.
Text of subsec. (a) as amended by Acts 1989, 71st Leg., ch. 1020,
§ 3 [designation of (a) was deleted by ch. 1020]
The clerk of the municipal courts of record shall file the
original papers and proceedings in each case under the direction of
the presiding judge. Instead of filing the original papers, papers
may be preserved by microfilm or other process that correctly and
legibly reproduces or that forms a medium for copying or
reproducing. The filed or preserved papers constitute the records
of the courts and a separate record book is not required. Preserved
records are admissible in evidence in civil cases as provided by the
Texas Rules of Evidence relating to the admissibility of contents
of writing, recordings, and photographs. Records, however
maintained, shall be destroyed by the court clerk after five years
after final disposition of the case. Records, however maintained,
relating to parking offenses shall be destroyed by the court clerk
after two years after final disposition of the case.
(b) Deleted by Acts 1989, 71st Leg., ch. 1020, § 3.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 1020, § 3, eff. Sept. 1, 1989; Acts
1989, 71st Leg., ch. 1248, § 29, eff. Sept. 1, 1989. Renumbered
from V.T.C.A., Government Code, § 30.120 by Acts 1997, 75th
Leg., ch. 165, § 8.10, eff. Sept. 1, 1997.
SUBCHAPTER I. BURLESON
§ 30.00341. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Burleson.
(b) In this subchapter, "appellate courts" means the county
courts at law of Johnson County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1341 by Acts
1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 30, eff. Sept. 1, 1999.
§ 30.00344. JUDGE. (a) to (j) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(8), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1344 by Acts
1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 31, 139(8), eff. Sept. 1, 1999.
§ 30.00345. CLERK; OTHER PERSONNEL. (a) The city
manager of the city shall appoint a clerk of the municipal court of
record who may hire, direct, and remove the personnel authorized in
the city's annual budget for the clerk's office. The clerk shall
perform the duties in accordance with statutes, the city charter,
and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1345 by Acts
1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 32, eff. Sept. 1, 1999.
§ 30.00346. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(8), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 181, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1346 by Acts
1997, 75th Leg., ch. 165, § 8.11, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 33, 139(8), eff. Sept. 1, 1999.
SUBCHAPTER J. FORT WORTH
§ 30.00381. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Fort Worth.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Tarrant County that have criminal appellate
jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.141 by Acts
1997, 75th Leg., ch. 165, § 8.12, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 34, eff. Sept. 1, 1999.
§ 30.00384. JUDGE. (a), (b) Repealed by Acts 1999, 76th
Leg., ch. 691, § 139(9), eff. Sept. 1, 1999.
(c) The judge must maintain residence in the city during the
tenure of office.
(d) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(9), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.40(a), eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 599, § 1, eff. June 18, 1987; Acts
1991, 72nd Leg., ch. 290, § 1, eff. Aug. 26, 1991. Renumbered
from V.T.C.A., Government Code, § 30.144 by Acts 1997, 75th
Leg., ch. 165, § 8.12, eff. Sept. 1, 1997; Acts 1999, 76th Leg.,
ch. 691, § 35, 139(9), eff. Sept. 1, 1999.
§ 30.00385. CLERK. (a) The city manager with the
consent of the governing body of the city shall appoint a clerk of
the municipal courts of record. The clerk shall perform the duties
in accordance with statutes, the city charter, and city ordinances.
(b) Section 30.00009(c) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.145 by Acts
1997, 75th Leg., ch. 165, § 8.12, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 36, eff. Sept. 1, 1999.
§ 30.00388. CIVIL SERVICE ORDINANCE; VACATION OF
COURT. (a) The judges, clerk and deputy clerks, and court
reporters of the municipal courts of record are not classified
employees under civil service, charter, or ordinance provisions.
The governing body of the city may provide by ordinance that all
other employees of the courts may be hired and paid as classified
employees under civil service, charter, or ordinance provisions.
Judges, clerks, deputy clerks, and court reporters are entitled to
receive the same vacation, sick leave, and other benefits that are
provided for other nonclassified employees under regulations
provided by the governing body by ordinance and may be authorized or
required by the governing body to participate in the city
retirement program.
(b) If after the establishment of a municipal court of
record the governing body finds by ordinance that the condition of
the dockets of the other courts of the county does not require the
existence of the court to properly dispose of the cases arising in
the city, the governing body shall declare the offices of the
municipal judge, clerk, court reporter, and other employees of the
court to be vacated at the end of the term for which the judge was
last appointed. Any case then pending shall be transferred to a
court with proper jurisdiction of the offense.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.148 by Acts
1997, 75th Leg., ch. 165, § 8.12, eff. Sept. 1, 1997.
SUBCHAPTER K. GRAND PRAIRIE
§ 30.00421. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Grand Prairie.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Dallas County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1641 by Acts
1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 37, eff. Sept. 1, 1999.
§ 30.00426. JUDGE. (a) to (j) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(10), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1646 by Acts
1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 38, 139(10), eff. Sept. 1, 1999.
§ 30.00427. CLERK; OTHER PERSONNEL. (a) The city
manager shall appoint a clerk of a municipal court of record who may
hire, direct, and remove the personnel authorized in the city's
annual budget for the clerk's office. The clerk shall perform the
duties in accordance with statutes, the city charter, and city
ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1647 by Acts
1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 39, eff. Sept. 1, 1999.
§ 30.00428. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010. The
reporter shall be compensated by the city in the manner determined
by the city manager.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(10), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 163, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1648 by Acts
1997, 75th Leg., ch. 165, § 8.13, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 40, 139(10), eff. Sept. 1, 1999.
SUBCHAPTER L. SWEETWATER
§ 30.00461. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Sweetwater.
(b) In this subchapter, "appellate courts" means the County
Court of Nolan County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.171 by Acts
1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 41, eff. Sept. 1, 1999.
§ 30.00464. JUDGE. (a) Repealed by Acts 1999, 76th
Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
(b) A municipal judge must be a licensed attorney in good
standing in this state. The judge must be a citizen of the United
States and of this state. The judge must maintain residence in the
city during the tenure of office but need not be a resident of the
city at the time of the appointment.
(c) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(11), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this
subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.174 by Acts
1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 42, 139(11), eff. Sept. 1, 1999.
§ 30.00465. CLERK; OTHER PERSONNEL. (a) Repealed by
Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
(b) The governing body of the city shall provide deputy
clerks, warrant officers, and other personnel, including at least
one bailiff for each court, as needed for the proper operation of
the courts.
(c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(11),
eff. Sept. 1, 1999.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.175 by Acts
1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 139(11), eff. Sept. 1, 1999.
§ 30.00466. COURT REPORTER. (a) The municipal judge
shall appoint a court reporter under Section 30.00010, whose
qualifications shall be determined by the judge or, if there is more
than one municipal judge, by the presiding municipal judge.
(b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(11),
eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.176 by Acts
1997, 75th Leg., ch. 165, § 8.14, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 43 and 139(11), eff. Sept. 1,
1999
SUBCHAPTER M. CROWLEY
§ 30.00491. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Crowley.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Tarrant County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1881 by Acts
1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 44, eff. Sept. 1, 1999.
§ 30.00494. JUDGE. (a) to (j) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(12), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1884 by Acts
1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 45, 139(12), eff. Sept. 1, 1999.
§ 30.004945. MAGISTRATES. (a) The governing body may
appoint one or more magistrates in addition to magistrates provided
under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the
qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear
contested cases.
(d) A magistrate may:
(1) conduct an arraignment;
(2) hold an indigency hearing;
(3) accept a plea;
(4) sign a judgment;
(5) set the amount of a bond; or
(6) perform other functions under Article 15.17, Code
of Criminal Procedure.
Added by Acts 1999, 76th Leg., ch. 691, § 46, eff. Sept. 1, 1999.
§ 30.00495. CLERK; OTHER PERSONNEL. (a) The city
manager or city administrator of the city shall appoint a clerk of
the municipal court of record who may hire, direct, and remove the
personnel authorized in the city's annual budget for the clerk's
office. The clerk shall perform the duties in accordance with
statutes, the city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1885 by Acts
1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 47, eff. Sept. 1, 1999.
§ 30.00496. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(12), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 193, § 1, eff. May 23, 1995.
Renumbered from V.T.C.A., Government Code, § 30.1886 by Acts
1997, 75th Leg., ch. 165, § 8.15, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 48, 139(12), eff. Sept. 1, 1999.
SUBCHAPTER N. LONGVIEW
§ 30.00531. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Longview.
(b) In this subchapter, "appellate courts" means the County
Court of Gregg County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.201 by Acts
1997, 75th Leg., ch. 165, § 8.16, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 49, eff. Sept. 1, 1999.
§ 30.00534. JUDGE. (a) to (e) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(13), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this
subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.204 by Acts
1997, 75th Leg., ch. 165, § 8.16, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 50, 139(13), eff. Sept. 1, 1999.
§ 30.00536. COURT REPORTER. The municipal judge shall
appoint the court reporter under Section 30.00010.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.206 by Acts
1997, 75th Leg., ch. 165, § 8.16, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 51, 139(13), eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1260, § 1, eff. June 20, 2003.
SUBCHAPTER O. PANTEGO
§ 30.00561. APPLICATION; DEFINITION. (a) This
subchapter applies to the town of Pantego.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Tarrant County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2191 by Acts
1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 52, eff. Sept. 1, 1999.
§ 30.00564. JUDGE. (a) to (j) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(14), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2194 by Acts
1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 53, 139(14), eff. Sept. 1, 1999.
§ 30.00565. CLERK; OTHER PERSONNEL. (a) The city
manager of the town shall appoint a clerk of the municipal court of
record who may hire, direct, and remove the personnel authorized in
the town's annual budget for the clerk's office. The clerk shall
perform the duties in accordance with statutes, the town charter,
and town ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2195 by Acts
1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 54, eff. Sept. 1, 1999.
§ 30.00566. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(14), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 274, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2196 by Acts
1997, 75th Leg., ch. 165, § 8.17, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 55, 139(14), eff. Sept. 1, 1999.
SUBCHAPTER P. MIDLAND
§ 30.00601. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of Midland.
(b) In this subchapter, "appellate courts" means the County
Court of Midland County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.231 by Acts
1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 56, eff. Sept. 1, 1999.
§ 30.00604. JUDGE. (a) Repealed by Acts 1999, 76th
Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
(b) In addition to satisfying the requirements of Section
30.00006(c), a municipal judge must maintain residence in the city
during the tenure of office but need not be a resident of the city at
the time of the appointment. The judge shall serve full time and
may not engage in the private practice of law while in office.
(c) to (e) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(15), eff. Sept. 1, 1999.
(f) Section 30.00007(b)(5) does not apply to this
subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.234 by Acts
1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 5, 139(15), eff. Sept. 1, 1999.
§ 30.00605. CLERK; OTHER PERSONNEL. (a) Repealed by
Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
(b) The governing body of the city shall provide deputy
clerks, warrant officers, and other personnel, including at least
one bailiff for each court, as needed for the proper operation of
the municipal courts of record.
(c) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(15),
eff. Sept. 1, 1999.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.235 by Acts
1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 139(15), eff. Sept. 1, 1999.
§ 30.00606. COURT REPORTER. (a) The municipal judge
shall appoint the court reporter under Section 30.00010, who must
meet qualifications determined by the judge or, if there is more
than one judge, by the presiding municipal judge. The governing
body of the city shall set the compensation of the court reporter on
the recommendation of the presiding judge.
(b) Repealed by Acts 1999, 76th Leg., ch. 691, § 139(15),
eff. Sept. 1, 1999.
(c) Section 30.00010(d) does not apply to this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
Renumbered from V.T.C.A., Government Code, § 30.236 by Acts
1997, 75th Leg., ch. 165, § 8.18, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 58, 139(15), eff. Sept. 1, 1999.
SUBCHAPTER Q. RIVER OAKS
§ 30.00631. APPLICATION; DEFINITION. (a) This
subchapter applies to the City of River Oaks.
(b) In this subchapter, "appellate courts" means the county
criminal courts of Tarrant County that have criminal appellate
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2481 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 59, eff. Sept. 1, 1999.
§ 30.00634. JUDGE. (a) to (c) Repealed by Acts 1999,
76th Leg., ch. 691, § 139(16), eff. Sept. 1, 1999.
(d) In addition to exercising powers under Section
30.00006(e), a municipal judge shall devote as much time to the
office as it requires.
(e) to (j) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(16), eff. Sept. 1, 1999.
(k) Sections 30.00007(b)(1), (2), (3), and (5) do not apply
to this subchapter.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2484 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 60, 139(16), eff. Sept. 1, 1999.
§ 30.00635. MAGISTRATES. (a) The governing body may
appoint one or more magistrates in addition to magistrates provided
under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the
qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear
contested cases.
(d) A magistrate may:
(1) conduct an arraignment;
(2) hold an indigency hearing;
(3) accept a plea;
(4) sign a judgment;
(5) set the amount of a bond; and
(6) perform other functions under Article 15.17, Code
of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2485 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00636. CLERK; OTHER PERSONNEL. (a) The city
administrator of the city shall appoint a clerk of the municipal
court of record who may hire, direct, and remove the personnel
authorized in the city's annual budget for the clerk's office. The
clerk shall perform the duties in accordance with statutes, the
city charter, and city ordinances.
(b) Sections 30.00009(c) and (d) do not apply to this
subchapter.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2486 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 61, eff. Sept. 1, 1999.
§ 30.00637. COURT REPORTER. (a) The clerk of the court
shall appoint the court reporter under Section 30.00010.
(b) to (d) Repealed by Acts 1999, 76th Leg., ch. 691, §
139(16), eff. Sept. 1, 1999.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2487 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997. Amended by
Acts 1999, 76th Leg., ch. 691, § 62, 139(16), eff. Sept. 1, 1999.
§ 30.00653. JOINT COURTS: CREATION. (a) The
governing body of the city may contract with one or more
municipalities that have municipal courts of record to establish a
joint municipal court of record to serve the contracting
municipalities.
(b) A joint municipal court of record created under this
section replaces each municipality's individual municipal court of
record.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2503 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00654. JOINT COURT: JUDGES. (a) Notwithstanding
any other law, a joint municipal court of record created under
Section 30.2503 is presided over by a municipal judge or alternate
municipal judge who is appointed by the governing bodies of the
contracting municipalities for a two-year term.
(b) The judge of a joint municipal court of record may be
removed from office by the governing bodies of the contracting
municipalities at any time for incompetency, misconduct,
malfeasance, or inability to perform the tasks of the office.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2504 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00655. JOINT COURTS: JURISDICTION. (a) The
jurisdiction of a joint municipal court of record created under
Section 30.2503 is the combined jurisdiction of the municipal
courts of the contracting municipalities.
(b) An appeal from a joint municipal court of record created
under Section 30.2503 is to the county criminal court of the county
in which the offense occurred. If that county does not have a
county criminal court, appeal is to the county court of law of the
county.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2505 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00656. JOINT COURT: PROSECUTING ATTORNEY. A
municipality that contracts under Section 30.2503 may provide its
own prosecuting attorney or the contracting municipalities may
agree on the selection of one or more prosecuting attorneys.
Added by Acts 1995, 74th Leg., ch. 653, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Government Code, § 30.2506 by Acts
1997, 75th Leg., ch. 165, § 8.19, eff. Sept. 1, 1997.
§ 30.00657. JOINT COURT: APPLICABLE LAW. (a) The
municipalities by contract shall select one of the c
