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If a case is appealed from the municipal court of record to the county criminal court, or other court to which an appeal may be made, the municipal clerk shall cause a record of the case to be prepared from the transcript and the statement of facts, which must conform to the requirements of Chapter 30 of the Texas Government Code. After approval of the record by the municipal judge, the municipal clerk shall deliver the record and the appeal bond in the case to the county clerk, or deputy county clerk, authorized by law to receive such appeals. The municipal clerk shall procure from the county clerk or deputy county clerk a receipt showing that the appeal in the particular case was received. A full copy of the record on appeal must be kept in the office of the municipal clerk. (Code 1941, Art. 28-3; Ord. Nos. 8215; 19802; 24946; 31395, eff. 1/1/20)
Appearance bond forms, approved by any municipal judge, shall be printed and retained in the office of the city jail, available without charge for use of anyone desiring to submit an appearance bond and being released from jail pending his appearance in the municipal court of record. Appearance bond forms shall also be retained in the office of the municipal clerk, available without charge for use of anyone desiring to submit an appearance bond in order to have an alias case redocketed for trial. Each form of bond must be filled out showing the signature of the official before whom the bond is executed, the face amount of the bond, the names and addresses of the principal and sureties, and the date. Any other bond approved by a municipal judge, or pursuant to any order by a municipal judge complying with state law, may be accepted in lieu of bonds printed on the approved form provided for in this section. (Code 1941, Art. 28-6; Ord. Nos. 8215; 19802)
Within 24 hours after acceptance by the office of the city jail, each appearance bond shall be delivered to and retained by the municipal clerk, such bonds to be a part of the records of the municipal court of record. The municipal court of record may at any time order the destruction of any of these records; provided, that no records shall be destroyed which pertain to any case not yet disposed of or which has been disposed of within less than 12 months. (Code 1941, Art. 28-7; Ord. Nos. 8215; 19802)
When a defendant is convicted of any offense over which the municipal court of record has jurisdiction, a judgment that the defendant pay a fine may also direct that payment of the fine be made within a limited time or in installments on specified dates and that, on default of payment as stipulated, the defendant shall be imprisoned until the fine is satisfied in full. Unless such direction is given in the judgment, the fine is payable immediately. Any judgment providing for an installment payment must be in writing, with a copy being given to the defendant and a copy being signed by the defendant acknowledging his receipt of the copy. It is expressly provided that if the defendant has duly posted an appearance bond, appeal bond, or cash escrow deposit, he shall remain free pending further disposition of his case. (Code 1941, Art. 28-8; Ord. Nos. 8215, 13216; 19802)
(a) Forms of bonds of appeal of any cause from the municipal court of record, approved by any municipal judge, shall be printed and retained in the office of the municipal clerk and made available without charge to any person desiring to appeal from any order of the municipal court of record. Any other appeal bond approved by a municipal judge and complying with the state statutes with reference to appeal bonds may be accepted by a municipal judge in lieu of bonds printed on the approved form provided for in this subsection.
(b) An appeal bond must be in the amount of $50 or double the amount of the fines and costs adjudged against a defendant, whichever is greater. An appeal bond must:
(1) state that the defendant was convicted in the case and has appealed; and
(2) be conditioned on the defendant’s appearance, upon notice, in the court to which the appeal is taken. (Code 1941, Art. 28-9; Ord. Nos. 8215; 19802)
(a) A person in the city jail charged with violating a provision of this code or other city ordinance may be discharged from the jail on his own recognizance if he executes a recognizance agreement on a form provided for that purpose and delivers it and an escrow deposit to the municipal clerk. The escrow deposit must be an amount of cash equal to that amount set by the municipal judges for the offense charged. The municipal clerk shall perform this duty subject to the direction of the city manager.
(b) Recognizance agreement forms shall be kept in the offices of the city jail and the municipal court of record. These forms shall be serially numbered in triplicate so that the agreements may be prepared with an original (which within 24 hours after its acceptance shall be delivered to the municipal clerk, together with the jail arrest card prepared in the case), a duplicate (which may be delivered to the person charged), and a triplicate (which shall be delivered to the municipal clerk together with the escrow deposit accepted with the agreement). A recognizance agreement must include:
(1) a description of the offense with which the person has been charged;
(2) the agreement of the person charged to appear in the municipal court of record before a municipal judge on a certain date and hour; and
(3) a statement that upon failure of the person executing the agreement to appear before the municipal judge, or to cause someone on his behalf to appear, the amount, or any part of the amount, paid as an escrow deposit in lieu of an appearance bond may on default be assessed as a fine against the person and the escrow deposit applied as payment of the fine.
(c) A person who makes an escrow deposit when executing a recognizance agreement shall be entitled to a return of his deposit if he:
(1) at any time, in lieu of the deposit, submits an appearance bond that is found sufficient by a municipal judge;
(2) complies with the terms of the agreement and, at a hearing before a municipal judge, is acquitted or the proceedings dismissed; or
(3) after complying with the terms of the agreement and being fined, pays the fine or executes an appeal bond that is approved and filed;
otherwise, as the recognizance agreement shall provide, the amount of the escrow deposit shall be applied to the payment of the fine and all costs in the case, with any balance to be returned to the person. (Code 1941, Art. 28-10; Ord. Nos. 8215; 15279; 17029; 19802)
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