Skip to code content (skip section selection)
Compare to:
Dallas Overview
The Dallas City Code
CITY OF DALLAS, TEXAS CODE OF ORDINANCES
CHARTER of THE CITY OF DALLAS, TEXAS
VOLUME I
PREFACE
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 3 ADVERTISING
CHAPTER 4 RESERVED
CHAPTER 5 AIRCRAFT AND AIRPORTS
CHAPTER 5A AIR POLLUTION
CHAPTER 6 ALCOHOLIC BEVERAGES
CHAPTER 6A AMUSEMENT CENTERS
CHAPTER 7 ANIMALS
CHAPTER 7A ANTI-LITTER REGULATIONS
CHAPTER 8 BOARDS AND COMMISSIONS
CHAPTER 8A BOARDING HOME FACILITIES
CHAPTER 9 BICYCLES
CHAPTER 9A BILLIARD HALLS
CHAPTER 9B BUILDING SECURITY
CHAPTER 9C RESERVED
CHAPTER 10 RESERVED
CHAPTER 10A RESERVED
CHAPTER 10B RESERVED
CHAPTER 11 CEMETERIES AND BURIALS
CHAPTER 12 CITY YOUTH PROGRAM STANDARDS OF CARE
CHAPTER 12A CODE OF ETHICS
CHAPTER 12B CONVENIENCE STORES
CHAPTER 13 COURTS, FINES AND IMPRISONMENTS
ARTICLE I. IN GENERAL.
ARTICLE II. MUNICIPAL COURT OF RECORD.
SEC. 13-3. MUNICIPAL COURT OF RECORD; CREATED AND DESIGNATED; JURISDICTION; SESSION.
SEC. 13-4. OTHER TERMS AND LAWS APPLICABLE TO THE MUNICIPAL COURT OF RECORD.
SEC. 13-5. POWERS AND DUTIES OF MUNICIPAL JUDGES.
SEC. 13-5.1. JUDICIAL NOMINATING COMMISSION CREATED.
SEC. 13-5.2. JUDICIAL NOMINATING COMMISSION DUTIES AND RESPONSIBILITIES; SELECTION OF MUNICIPAL JUDGES.
SEC. 13-6. BAILIFFS OF THE MUNICIPAL COURT OF RECORD.
SEC. 13-7. DEPARTMENT OF DALLAS MUNICIPAL COURT CREATED; DIRECTOR.
SEC. 13-8. DUTIES OF THE MUNICIPAL CLERK; COURT ADMINISTRATOR AND DIRECTOR; DEPUTY CLERKS.
SEC. 13-9.
SEC. 13-10.
SEC. 13-11.
SEC. 13-12. FIDELITY BONDS.
SEC. 13-13. COLLECTION OF FINES.
SEC. 13-14. MINUTES OF THE MUNICIPAL COURT OF RECORD.
SEC. 13-15. DISPOSITION OF COURT RECORDS.
SEC. 13-16. RECORDING OF PROCEEDINGS; FEES.
SEC. 13-17. APPEALS FROM THE MUNICIPAL COURT OF RECORD.
SEC. 13-18. RECORD OF CASE ON APPEAL.
SEC. 13-19. RESERVED.
SEC. 13-20. FORM OF APPEARANCE BONDS.
SEC. 13-21. DELIVERY OF APPEARANCE BONDS TO MUNICIPAL CLERK; DESTRUCTION OF CERTAIN RECORDS.
SEC. 13-22. ALTERNATIVE METHODS FOR PAYMENT OF FINES; IMPRISONMENT FOR DEFAULT IN PAYMENTS.
SEC. 13-23. APPEAL BONDS.
SEC. 13-24. RECOGNIZANCE BEFORE TRIAL.
SEC. 13-25. RETURN OF DEPOSITS MADE WITH RECOGNIZANCE AGREEMENTS.
SEC. 13-26. CITY OFFICIALS OR EMPLOYEES NOT TO RECOMMEND ATTORNEYS OR SURETIES.
SEC. 13-27. TRAFFIC CITATIONS AND COMPLAINTS TO BE DELIVERED TO THE MUNICIPAL CLERK.
SEC. 13-28. VIOLATION OF PROMISE TO APPEAR.
SEC. 13-28.1. LOCAL CONSOLIDATED FEE.
SEC. 13-28.2. RESERVED.
SEC. 13-28.3. REIMBURSEMENT FEE FOR CERTAIN PAYMENTS THROUGH THE INTERNET OR AN INTERACTIVE VOICE RESPONSE TELEPHONE SYSTEM.
ARTICLE III. RESERVED.
ARTICLE IV. PRISONERS GENERALLY.
CHAPTER 13A DALLAS TRANSIT SYSTEM
CHAPTER 14 DANCE HALLS
CHAPTER 14A RESERVED
CHAPTER 14B EMERGENCY MANAGEMENT
CHAPTER 15 RESERVED
CHAPTER 15A ELECTIONS
CHAPTER 15B EQUAL EMPLOYMENT OPPORTUNITY CONTRACT COMPLIANCE
CHAPTER 15C EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 15D EMERGENCY VEHICLES
CHAPTER 16 DALLAS FIRE CODE
CHAPTER 17 FOOD ESTABLISHMENTS
CHAPTER 18 MUNICIPAL SOLID WASTES
CHAPTER 19 HEALTH AND SANITATION
CHAPTER 19A RESERVED
CHAPTER 20 EARNED PAID SICK TIME
CHAPTER 20A FAIR HOUSING AND MIXED INCOME HOUSING
CHAPTER 21 RESERVED
CHAPTER 22 RESERVED
CHAPTER 23 RESERVED
CHAPTER 24 LIBRARY
CHAPTER 25 LOAN BROKERS
CHAPTER 25A MASSAGE ESTABLISHMENTS
CHAPTER 26 RESERVED
CHAPTER 27 MINIMUM PROPERTY STANDARDS
CHAPTER 28 MOTOR VEHICLES AND TRAFFIC
VOLUME II
VOLUME III
ARTICLE II.
MUNICIPAL COURT OF RECORD.
SEC. 13-3.   MUNICIPAL COURT OF RECORD; CREATED AND DESIGNATED; JURISDICTION; SESSION.
   (a)   In accordance with Section 1, Chapter VIII of the Dallas city charter and Chapter 30 of the Texas Government Code, there is hereby created a municipal court of record, which is divided into 16 divisions to be designated as Municipal Court of Record No. 1, Municipal Court of Record No. 2, Municipal Court of Record No. 3, Municipal Court of Record No. 4, Municipal Court of Record No. 5, Municipal Court of Record No. 6, Municipal Court of Record No. 7, Municipal Court of Record No. 8, Municipal Court of Record No. 9, Municipal Court of Record No. 10, Municipal Court of Record No. 11, Community Court No. 12, Community Court No. 13, Community Court No. 14, Community Court No. 15, and Community Court No. 16.
   (b)   Each municipal court of record division shall have and exercise concurrent jurisdiction with the other municipal court of record divisions, the jurisdiction being that which is conferred upon all municipal courts and municipal courts of record by Chapter 30 of the Texas Government Code and other state law.
   (c)   Jurisdiction under Subchapter B, Chapter 54, Texas Local Government Code.
      (1)   In addition to the jurisdiction granted in Subsection (b) of this section and in accordance with Section 30.00005 of the Texas Government Code, each municipal court of record division has concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Texas Local Government Code, within the city’s territorial limits and property owned by the city located in the city’s extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances.
      (2)   The municipal clerk is authorized to charge and collect fees and costs of court for litigation filed in municipal court pursuant to Subchapter B, Chapter 54 of the Texas Local Government Code. The fees and costs charged and collected will be the same as those authorized by law to be collected by a clerk of a county court.
      (3)   Any party in a case filed under this subsection has the right to appeal the decision of the municipal court by filing a verified petition in state district court alleging error in the municipal court’s decision. The petition must be filed within 30 calendar days after the municipal court issues its ruling, or else the municipal court’s decision will become final. An appeal in state district court is limited to a hearing under the substantial evidence rule.
   (d)   The municipal court of record divisions may be in concurrent and continuous session, either day or night. (Ord. Nos. 7429; 15603; 16661; 19802; 24763; 24946; 24978; 25496; 25927; 27438; 27706; 27823; 30769)
SEC. 13-4.   OTHER TERMS AND LAWS APPLICABLE TO THE MUNICIPAL COURT OF RECORD.
   (a)   Wherever the term “corporation court” or “municipal court” is used in this code, it means “municipal court of record.”
   (b)   Any provision of the city charter, city ordinances, or state law that is applicable to a municipal court will be applicable to the municipal court of record unless the provision is in conflict or inconsistent with Chapter 30 of the Texas Government Code, which governs the municipal court of record in the city of Dallas. (Ord. Nos. 7429; 15603; 14802; 19802; 24946)
SEC. 13-5.   POWERS AND DUTIES OF MUNICIPAL JUDGES.
   (a)   A judge shall preside over each of the municipal court of record divisions. A judge appointed under Section 4, Chapter VIII of the city charter shall be known as a “municipal judge.” A judge appointed under Section 6, Chapter VIII of the city charter shall be known as an “associate municipal judge.”
   (b)   A municipal judge shall:
      (1)   hold a respective court within the city at a place designated by the city council;
      (2)   follow all rules of procedure contained in the ordinances of the city and state law;
      (3)   enter on the docket of the municipal court of record division over which the municipal judge presides, appropriate notations of the disposition of each case;
      (4)   have authority to preside over any of the municipal court of record divisions, and may exchange benches with other municipal judges; and
      (5)   have all other powers and duties assigned to a municipal judge by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law.
   (c)   The administrative municipal judge of the municipal court of record shall:
      (1)   provide for equal distribution of cases among the municipal court of record divisions and select so many bailiffs of the municipal court of record as are necessary;
      (2)   have the power to transfer cases from one municipal court of record division to another and assign municipal judges to preside over the various divisions;
      (3)   promulgate work rules for the administration of the municipal court of record;
      (4)   provide at least one performance evaluation annually of each municipal judge; and
      (5)   have all other powers and duties assigned to the administrative municipal judge by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law. (Ord. Nos. 7429; 15603; 18477; 18837; 19802; 20201; 21011; 22496; 24946)
SEC. 13-5.1.   JUDICIAL NOMINATING COMMISSION CREATED.
   (a)   There is hereby created the judicial nominating commission of the city, which shall be an advisory body of 16 members. Fifteen of the members will be appointed by the city council, with each city council member appointing one member of the commission. The sixteenth member of the commission will be the Dallas city attorney, who shall serve as an ex officio, voting member of the commission and who, for purposes of Section 13, Chapter XXIV of the city charter, shall be appointed by the full city council. The mayor shall appoint the chair of the commission, and the full city council shall appoint the vice-chair.
   (b)   Each member of the commission shall be appointed for a two-year term beginning on October 1 of each odd-numbered year. All members shall serve until their successors are appointed and qualified. The term limits established for board and commission members in Section 8-1.5 of this code do not apply to the city attorney’s service on the commission.
   (c)   A city of Dallas municipal judge shall serve as an ex officio, nonvoting member of the commission.
   (d)   The commission must reflect, as nearly as practicable, the racial, ethnic, and gender makeup of the city’s population.
   (e)   The commission must meet at least once each quarter of the commission’s term and may hold additional meetings at the call of the chair.
   (f)   No member of the judicial nominating commission may engage in the practice of law in or before the municipal courts of the city. (Ord. Nos. 21011; 21515; 21804; 24003; 27833; 29645)
SEC. 13-5.2.   JUDICIAL NOMINATING COMMISSION DUTIES AND RESPONSIBILITIES; SELECTION OF MUNICIPAL JUDGES.
   (a)   The judicial nominating commission shall act as an advisory body to the city council and shall:
      (1)   recommend nominees to serve as full- time and associate governmental judges;
      (2)   make reports and recommendations to the city council ad hoc judicial nominations committee on the status of the selection process for municipal judges;
      (3)   review and make recommendations to the city council ad hoc judicial nominations committee on the salary structure for municipal judges, including evaluating the feasibility of a merit pay plan;
      (4)   make recommendations to the city council concerning the selection, removal, and pay of administrative law judges in accordance with Article XXVII, Chapter 2 of this code; and
      (5)   perform other duties assigned by the city council.
   (b)   The ad hoc judicial nominations committee of the city council shall provide to the judicial nominating commission minimum qualifications and evaluation guidelines for assessing applicants for a vacancy in the office of municipal judge and a time schedule for recommending nominees. The guidelines must include appropriate goals for achieving sufficient racial, ethnic, and gender diversity within the municipal court of record. Each associate and full-time municipal judge, including the administrative municipal judge, shall reside in the city of Dallas within four months after the date of appointment and throughout his or her term as a municipal judge for the city of Dallas.
   (c)   When there is a vacancy in the office of full- time or associate municipal judge (including a vacancy created by the expiration of a judge’s term), the director of human resources shall receive applications, which shall be forwarded to the judicial nominating commission through its chair. The commission shall review the applications and resumes, research applicant qualifications, and conduct interviews; except that if a vacancy occurs within 120 days after the appointment of any full-time or associate municipal judge, for which the commission conducted interviews, the commission is not required to conduct additional interviews but may, in its discretion, recommend nominees to fill the new vacancy from applicants who were interviewed for any municipal judge position that was filled within the preceding 120 days. The commission may also, by a two-thirds vote, waive the interview requirement for any person who has completed at least eight consecutive years of continuous service as a full-time municipal judge for the city when that person applies for a position as an associate municipal judge. If in the opinion of the commission, none of the applicants for a municipal judge position meets minimum qualifications established by the city council ad hoc judicial nominations committee, the commission may search for and interview additional applicants.
   (d)   After deliberation, the judicial nominating commission shall recommend to the city council ad hoc judicial nominations committee a number of nominees equal to 150 percent of the number of vacancies in the office of full-time or associate municipal judge, rounded up to whole numbers. The nominees must be divided into two groups, one for full-time judges and one for associate judges, with the members of each group being ranked in the order of preference by the judicial nominating commission, with Number 1 being the highest ranking. If the number of applicants for all of the vacant municipal judge positions is less than the number of nominees required by this subsection to be recommended to the ad hoc judicial nominations committee, then the commission may, in its discretion, either recommend any persons who have applied or seek additional candidates.
   (e)   Upon receiving the judicial nominating commission’s recommendation of nominees, the city council ad hoc judicial nominations committee may interview one or more of the nominees or other applicants interviewed by the commission. If not satisfied with any number of the nominees or other applicants interviewed by the commission, the ad hoc judicial nominations committee may request that the commission recommend a specified number of additional nominees to the committee. After deliberation, the ad hoc judicial nominations committee shall forward to the full city council a number of nominees equal to 150 percent of the number of vacancies in the office of full-time or associate municipal judge, rounded up to whole numbers. The nominees must be divided into two groups, one for full-time judges and one for associate judges, with the members of each group being ranked in the order of preference by the ad hoc judicial nominations committee, with Number 1 being the highest ranking. Rankings of the nominees by the judicial nominating commission must also be forwarded to the full city council.
   (f)   Upon receiving the recommendation of nominees from the ad hoc judicial nominations committee, the city council shall select one nominee or other applicant interviewed by the ad hoc judicial nominations committee or the judicial nominating commission to fill each vacancy. Before making a selection, the city council may interview one or more of the nominees or other applicants interviewed by the ad hoc judicial nominations committee or the judicial nominating commission. If not satisfied with any number of these candidates, the city council may, in its discretion, fill whatever vacancies it desires and request that the judicial nominating commission recommend to the ad hoc judicial nominations committee a specified number of additional nominees for the unfilled vacancies.
   (g)   When there is a vacancy in the office of the administrative municipal judge (including a vacancy created by the expiration of the judge’s term), the judicial nominating commission shall conduct interviews of all interested full-time municipal judges of the city of Dallas, and all interested applicants for vacant full-time municipal judge positions, for the office of administrative municipal judge. After deliberation, the commission shall recommend to the full city council three nominees for the office of administrative municipal judge ranked in the order of preference, with Number 1 being the highest ranking. The city council shall interview the nominees and select one as the administrative municipal judge, or, if not satisfied with any of the nominees, the city council may reject all and request that the judicial nominating commission repeat the nominating process.
   (h)   The city manager shall provide staff to assist the judicial nominating commission in performing its duties and responsibilities.
   (i)   Nothing in this section affects the holdover status of an incumbent municipal judge under applicable city, state, and federal laws. (Ord. Nos. 21011; 21515; 21804; 22321; 22612; 23124; 24946; 25518; 25655; 26093; 29394)
SEC. 13-6.   BAILIFFS OF THE MUNICIPAL COURT OF RECORD.
   (a)   The bailiffs of the municipal court of record, under the direction and supervision of the administrative municipal judge, shall serve the municipal court of record.
   (b)   The bailiffs shall:
      (1)   be selected by the administrative municipal judge;
      (2)   meet all qualifications necessary to be certified as peace officers by the Texas Commission on Law Enforcement Officer Standards and Education; and
      (3)   be appointed and commissioned by the city marshal as deputy city marshals.
   (c)   The administrative municipal judge or his designee shall supervise the activities of bailiffs and shall have the authority to impose disciplinary action in accordance with city personnel rules. If the administrative municipal judge terminates the employment of a bailiff, the city marshal shall remove the appointment and commission of the bailiff as a deputy city marshal.
   (d)   Appeals from disciplinary actions taken by the administrative judge shall be to the city manager or his designee and then to the trial board in cases where that body has jurisdiction. If a bailiff whose employment has been terminated is reinstated during the appeal process, then the bailiff shall be reappointed as a bailiff by the administrative municipal judge and reappointed and recommissioned by the city marshal as a deputy city marshal. (Ord. Nos. 18477; 18837; 19802)
Loading...