Section
33.01 Established
33.02 Jurisdiction
33.03 Municipal Judge; appointment, removal, vacancy
33.04 Oath of Judge
33.05 Clerk of Municipal Court and Court Administrator
33.06 Municipal Judge; continuance of term
33.07 Court reporter
33.08 Clerk of Municipal Court; duties
33.09 Municipal Judge; authority
33.10 Municipal Judge; writs and search warrants
33.11 Appeal; transcripts
33.12 Right of appeal; requirements
33.13 Warrant of arrest; service, expenses
The City of Texas City Municipal Court is hereby established by the City Commission as a Municipal Court of Record, pursuant to the authority granted in Tex. Gov’t Code Ch. 30, Subch. A, and known as the Uniform Municipal Courts of Record Act, and the terms set forth therein governing the operation of said court terms are hereby adopted.
(Ord. 13-54, passed 12-18-2013)
(A) The Court has the jurisdiction provided by general law for municipal courts.
(B) The Court has jurisdiction over criminal cases arising under ordinances authorized by Tex. Local Gov’t Code §§ 215.072, 217.042, 341.903 and 551.002.
(C) The Court has concurrent jurisdiction with any justice court in any precinct in which the city is located in criminal cases that arise within the city and are punishable only by fine.
(D) The Court has civil jurisdiction for the purpose of enforcing ordinances enacted under Tex. Local Gov’t Code Ch. 214, Subch. A, or Tex. Transportation Code Ch. 683, Subch. E.
(E) The Court has concurrent jurisdiction with a district court at law under the Tex. Local Gov’t Code Ch. 54, Subch. B, within the city's territorial limits and property owned by the city in the city's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances.
(F) The Court has the authority to issue:
(1) Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
(2) Seizure warrants for the purpose of securing, removing or demolishing the offending property and removing debris from the premises.
(G) The Court has the authority to establish procedures and local rules for the purpose of promoting the speedy resolution of disputes involving the enforcement of the health and safety and nuisance abatement ordinances of the city.
(Ord. 13-54, passed 12-18-2013)
The Municipal Judged shall preside over the Municipal Court of Record and shall be appointed by the City Commission for a term as established in the city charter for municipal judges, and shall meet all the qualifications established in said charter. A Judge of a Municipal Court of Record may be removed from office by the City Commission for the reasons stated and by the procedures provided for the removal of officials provided by Texas Constitution Article V, § 1-a. In the event a vacancy occurs of a Municipal Judge, the City Commission shall appoint a qualified person to fill the office for the remainder of the unexpired term. An individual may not serve as a Municipal Judge if that person is otherwise employed by the city. A Municipal Judge who accepts other employment with the city vacates the judicial office. Any Municipal Judge appointed by the City Commission must comply with the policy adopted by the City of Commission concerning consanguinity.
(Ord. 13-54, passed 12-18-2013)
The Clerk of the Municipal Court shall be appointed by the City Commission, who shall perform duties in accordance with state law, and the City Charter and city ordinances. The current Court Administrator shall continue in office through the expiration of his or her current term as Clerk of the Municipal Court for the Court of Record.
(Ord. 13-54, passed 12-18-2013)
The Municipal Judge(s), or their designee, shall appoint a court reporter, who must meet the qualifications provided by law for official court reporters. The court reporter or court staff may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings of the Court. The court reporter or court staff shall not be required to record testimony in any proceeding, unless the Judge, or one of the parties to any proceeding, requests a record in writing, and files such request with the Court before such proceeding begins. If a record is made, it shall be kept for a period of 20 days beginning from the day after the last day of any such court proceeding or trial or the denial of a motion for new trial, whichever occurs last. The court reporter shall not be required to be present during proceedings of the Municipal Court of Record; provided, however, when a request has been submitted for a copy of the record in any proceeding, such record may be recorded by a quality electronic recording device.
(Ord. 13-54, passed 12-18-2013)
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