2005 Texas Government Code CHAPTER 29. MUNICIPAL COURTS

GOVERNMENT CODE

CHAPTER 29. MUNICIPAL COURTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 29.001. DEFINITION.  In this chapter, "municipality" 
means an incorporated city, town, or village.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.002. CREATION.  A municipal court is created in each 
municipality.  A reference in state law to a "corporation court" 
means a "municipal court."

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.003. JURISDICTION.  (a) A municipal court, including 
a municipal court of record, shall have exclusive original 
jurisdiction within the municipality's territorial limits and 
property owned by the municipality located in the municipality's 
extraterritorial jurisdiction in all criminal cases that:
		(1)  arise under:                                                             
			(A)  the ordinances of the municipality;  or                                 
			(B)  a resolution, rule, or order of a joint board 
operating an airport under Section 22.074, Transportation Code;  
and
		(2)  are punishable by a fine not to exceed:                                  
			(A)  $2,000 in all cases arising under municipal 
ordinances or resolutions, rules, or orders of a joint board that 
govern fire safety, zoning, or public health and sanitation, 
including dumping of refuse;  or
			(B)  $500 in all other cases arising under a 
municipal ordinance or a resolution, rule, or order of a joint 
board.
	(b)  The municipal court has concurrent jurisdiction with 
the justice court of a precinct in which the municipality is located 
in all criminal cases arising under state law that arise within the 
municipality's territorial limits or property owned by the 
municipality located in the municipality's extraterritorial 
jurisdiction and that:
		(1)  are punishable only by a fine, as defined in 
Subsection (c);  or       
		(2)  arise under Chapter 106, Alcoholic Beverage Code, 
and do not include confinement as an authorized sanction.
	(c)  In this section, an offense which is punishable by "fine 
only" is defined as an offense that is punishable by fine and such 
sanctions, if any, as authorized by statute not consisting of 
confinement in jail or imprisonment.
	(d)  The fact that a conviction in a municipal court has as a 
consequence the imposition of a penalty or sanction by an agency or 
entity other than the court, such as a denial, suspension, or 
revocation of a privilege, does not affect the original 
jurisdiction of the municipal court.
	(e)  The municipal court has jurisdiction in the forfeiture 
and final judgment of all bail bonds and personal bonds taken in 
criminal cases of which the court has jurisdiction.
	(f)  This section does not affect the powers given 
exclusively to a joint board operating an airport under Section 
22.074(d), Transportation Code.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.32(a), eff. Sept. 1, 1987;  
Acts 1987, 70th Leg., ch. 641, § 1, eff. Sept. 1, 1987;  Acts 
1987, 70th Leg., ch. 680, § 3, eff. Sept. 1, 1987;  Acts 1991, 
72nd Leg., ch. 108, § 7, eff. Sept. 1, 1991;  Acts 1995, 74th 
Leg., ch. 449, § 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 
533, § 3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1013, 
§ 40, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 611, § 1, 
eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 660, § 1, eff. June 
18, 1999;  Acts 2001, 77th Leg., ch. 1122, § 1, eff. Sept. 1, 
2001.


	§ 29.004. JUDGE.  (a) The judge and alternate judges of 
the municipal court in a home-rule city are selected under the 
municipality's charter provisions relating to the election or 
appointment of judges.  The judge shall be known as the "judge of 
the municipal court" unless the municipality by charter provides 
for another title.
	(b)  In a general-law city, the mayor is ex officio judge of 
the municipal court unless the municipality by ordinance authorizes 
the election of the judge or provides for the appointment and 
qualifications of the judge.  If the municipality authorizes an 
election, the judge shall be elected in the manner and for the same 
term as the mayor.  If the municipality authorizes the appointment, 
the mayor ceases to be judge on the enactment of the ordinance.  The 
first elected or appointed judge serves until the expiration of the 
mayor's term.
	(c)  If a general-law municipality changes the method of 
judicial selection from election to appointment, the first 
appointee takes office on the expiration of the term of the 
previously elected judge.
	(d)  A reference in the laws of this state to a "recorder" 
means a "judge of the municipal court."

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.005. TERM OF OFFICE.  The judge of a municipal court 
serves for a term of office of two years unless the municipality 
provides for a longer term pursuant to Article XI, Section 11, of 
the Texas Constitution.  A municipal court judge who is not 
reappointed by the 91st day following the expiration of a term of 
office shall, absent action by the appointing authority, continue 
to serve for another term of office beginning on the date the 
previous term of office expired.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1993, 73rd Leg., ch. 764, § 1, eff. Jan. 1, 1994.


	§ 29.006. TEMPORARY REPLACEMENT IN GENERAL-LAW 
MUNICIPALITIES.  If a municipal judge of a municipality 
incorporated under the general laws of this state is temporarily 
unable to act, the governing body may appoint one or more persons 
meeting the qualifications for the position to sit for the regular 
municipal judge.  The appointee has all powers and duties of the 
office and is entitled to compensation as set by the governing body.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.007. MUNICIPAL COURT PANELS OR DIVISIONS;  TEMPORARY 
JUDGES.  (a) A home-rule city by charter or by ordinance may divide 
the municipal court into two or more panels or divisions, one of 
which shall be presided over by a presiding judge.  Each additional 
panel or division shall be presided over by an associate judge, who 
is a magistrate with the same powers as the presiding judge.
	(b)  The panels or divisions may hold concurrent or 
continuous sessions either day or night.
	(c)  Each panel or division may exercise municipal court 
jurisdiction and has concurrent jurisdiction with the other panels 
or divisions.
	(d)  Except as otherwise provided by the charter, the 
municipality by ordinance may establish:
		(1)  the qualifications for appointment as a judge;                           
		(2)  the ability of a judge to transfer cases, exchange 
benches, and preside over any of the panels or divisions;
		(3)  the office of the municipal court clerk, who shall 
serve as clerk of all the panels or divisions with the assistance of 
deputy clerks as needed;  and
		(4)  a system for the filing of complaints with the 
municipal court clerk so that the case load is equally distributed 
among the panels or divisions.
	(e)  Except as modified by this section, procedure before a 
panel or division and appeal from the decision of a panel or 
division is governed by general law applicable to municipal courts.
	(f)  If the municipality has established the office of 
municipal court clerk, the clerk shall keep minutes of the 
proceedings of the municipal court and its panels or divisions, 
administer oaths, issue process, and generally perform the duties 
for the municipal court that a county clerk performs for a county 
court.
	(g)  The municipality may provide by charter or by ordinance 
for the appointment of one or more temporary judges to serve if the 
regular judge, the presiding judge, or an associate judge is 
temporarily unable to act.  A temporary judge must have the same 
qualifications as the judge he replaces and has the same powers and 
duties as that judge.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.010. CLERK.  (a) In a municipality that provides for 
the election of a municipal judge, the municipal court clerk is 
elected in the same manner unless by ordinance the city secretary 
serves as clerk.  A city secretary who serves as clerk may be 
authorized to appoint a deputy clerk.
	(b)  The clerk serves a two-year term of office unless the 
municipality provides for a longer term pursuant to Article XI, 
Section 11, of the Texas Constitution.  If the city secretary serves 
as clerk, that person serves as clerk during the term as city 
secretary.
	(c)  The clerk shall keep minutes of the proceedings of the 
court, issue process, and generally perform the duties for the 
municipal court that a county clerk performs for a county court.
	(d)  Subsection (a) does not apply to a home-rule 
municipality that provides by charter for the appointment of the 
clerk.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1991, 72nd Leg., ch. 774, § 1, eff. Sept. 1, 1991.


	§ 29.011. VACANCY.  The governing body of the 
municipality shall by appointment fill a vacancy in the office of 
municipal judge or clerk for the remainder of the unexpired term of 
office only.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.012. SITTING FOR DISQUALIFIED OR RECUSED JUDGE.  (a) 
If the judge of a municipal court is disqualified or recused in a 
pending case, the judge of another municipal court located in an 
adjacent municipality may sit in the case.
	(b)  A municipal court judge may not sit in a case for another 
municipal court judge under this section if either party objects to 
the judge.  An objection under this subsection must be filed before 
the first hearing or trial, including pretrial hearings, over which 
the judge is to preside.

Added by Acts 1999, 76th Leg., ch. 912, § 1, eff. Sept. 1, 1999.           

SUBCHAPTER B. MUNICIPAL COURTS IN CERTAIN CITIES


	§ 29.101. MUNICIPALITY OF MORE THAN 250,000.  (a) A 
municipality with a population of more than 250,000 may by 
ordinance establish two municipal courts.  With the confirmation of 
the governing body of the municipality, the mayor may appoint two or 
more judges for the courts and may designate the seniority of the 
judges.
	(b)  Either or both of the courts may hold concurrent or 
continuous sessions either day or night.
	(c)  Each court may exercise municipal court jurisdiction 
and has concurrent jurisdiction with the other municipal courts.
	(d)  The municipality by ordinance may establish:                              
		(1)  the qualifications for appointment as a municipal 
judge;               
		(2)  the ability of a judge to transfer cases, exchange 
benches, and preside over any of the municipal courts;
		(3)  the office of the municipal court clerk, who shall 
serve as clerk of all the municipal courts with the assistance of 
deputy clerks as needed;  and
		(4)  a system for the filing of complaints with the 
municipal court clerk so that the case load is equally distributed 
among the courts.
	(e)  Except as modified by this section, procedure before 
each of the courts and appeal from a decision of either of the 
courts are governed by general law applicable to municipal courts.
	(f)  This section supersedes any municipal charter provision 
that conflicts with this section.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.102. MUNICIPALITY OF 130,001 TO 285,000.  (a) An 
incorporated municipality with a population of 130,001 to 285,000 
by ordinance may establish up to four additional municipal courts.  
The judge of each additional court must meet the same 
qualifications and be selected in the same manner as provided in the 
city charter for the judges of the existing municipal courts.  If 
the charter provides for the election of municipal judges, the 
governing body of the municipality may appoint a person to serve as 
judge in each newly created court until the next regular city 
election.
	(b)  The courts may hold concurrent or continuous sessions 
either day or night.
	(c)  Each court may exercise municipal court jurisdiction 
and has concurrent jurisdiction with the other municipal courts.
	(d)  Except as otherwise provided by the charter, the 
governing body by ordinance may establish:
		(1)  the qualifications for appointment as a municipal 
judge;               
		(2)  the ability of a judge to transfer cases, exchange 
benches, and preside over any of the municipal courts;
		(3)  the office of the municipal court clerk, who shall 
serve as clerk of all the municipal courts with the assistance of 
deputy clerks as needed;  and
		(4)  a system for the filing of complaints with the 
municipal court clerk so that the case load is equally distributed 
among the courts.
	(e)  Except as modified by this section, procedure before 
each of the courts and appeal from a decision of any of the courts 
are governed by general law applicable to municipal courts.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.103. MUNICIPAL COURTS IN EL PASO.  (a) The City of El 
Paso by ordinance may establish additional municipal courts as 
needed.  The judge of each additional court must meet the same 
qualifications and be selected in the same manner as provided in the 
city charter for the judges of the existing municipal courts.  If 
the charter provides for the election of municipal judges, the 
governing body of the municipality may appoint a person to serve as 
judge in each newly created court until the next regular city 
election.
	(b)  The courts may hold concurrent or continuous sessions 
either day or night.
	(c)  Each court may exercise municipal court jurisdiction 
and has concurrent jurisdiction with the other municipal courts.
	(d)  Except as otherwise provided by the charter, the 
governing body may by ordinance establish:
		(1)  the qualifications for appointment as a municipal 
judge;               
		(2)  the ability of a judge to transfer cases, exchange 
benches, and preside over any of the municipal courts;
		(3)  the office of the municipal court clerk, who shall 
serve as clerk of all the municipal courts with the assistance of 
deputy clerks as needed;  and
		(4)  a system for the filing of complaints with the 
municipal court clerk so that the case load is equally distributed 
among the courts.
	(e)  Except as modified by this section, procedure before 
each of the courts and appeal from a decision of any of the courts 
are governed by general law applicable to municipal courts.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.104. MUNICIPAL COURT PROCEEDINGS OUTSIDE CORPORATE 
LIMITS.  The municipal court of a municipality with a population of 
700 or less may conduct its proceedings within the corporate limits 
of a contiguous incorporated municipality.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 29.105. MUNICIPAL COURT PROCEEDINGS IN MUNICIPALITY 
PARTICIPATING IN POLICE DEPARTMENT CONTRACT.  A municipality that 
contracts with one or more municipalities for the operation of a 
joint police department may conduct its municipal court proceedings 
within the municipal limits of any municipality that is a party to 
the contract.

Added by Acts 1995, 74th Leg., ch. 741, § 1, eff. June 15, 1995.