That the following fees are hereby and shall be imposed and collected by the City Municipal Court in the following instances.
   (A)   Defendant convicted of misdemeanor.
      (1)   When a defendant has been convicted in the Municipal Court of the city, the defendant shall pay the sum of $35 for the execution or processing of an issued arrest warrant or capias by a peace officer. The fee shall be assessed on conviction, regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted.
      (2)   When a peace officer employed by or acting under a contract with the city executes or processes an issued arrest warrant or capias and the defendant for whom the warrant is issued is convicted in the Municipal Court, the city shall retain the $35 fee. If a peace officer employed by the state shall execute or process such an issued arrest warrant, the city shall retain $28 and shall forward, by the last day of the month following each calendar quarter, $7 to the state comptroller of public accounts.  The city shall retain all interest earned on the funds.
   (B)   Defendant not convicted of misdemeanor.
      (1)   Whenever a warrant of arrest is issued and served and the defendant made the subject of the warrant is not convicted in the Municipal Court of the violation for which the arrest warrant was issued, a fee not to exceed the sum of $25 shall be imposed and collected by the city in the following instances:
         (a)   When a person fails to appear in accordance with Tex. Penal Code, § 38.10, as amended, and with Tex. Trans. Code, Ch. 543; and
         (b)   In all other instances where there has been a violation of a law or ordinance which imposed criminal penalties for violations thereof, provided that written notice of the issuance of an arrest warrant and imposition of the warrant fee has first been given to the offender.
      (2)   The Judge of the Municipal Court shall set the warrant fee authorized by this division (B) in an amount not to exceed $25.
      (3)   The funds collected pursuant to this division (B) shall be paid into the City Treasury for the use and benefit of the city.
(2005 Code, § 5-1-6)  (Ord. 900104C, passed 1-4-1990)