Hawk Cove:Title 3
TITLE 3 - JUDICIAL DEPARTMENT
CHAPTER 3.01 - MUNICIPAL COURT
§ 3.01.001 Municipal Court Established
- (a) There is hereby established and maintained a court designated as the Municipal Court for the City of Hawk Cove.
- (b) The Municipal Court shall hear and determine misdemeanor offenses and violations within its jurisdiction.
- (c) The Municipal Court shall possess and exercise all powers, duties, authority, and jurisdiction now or hereafter prescribed by the laws of the State of Texas applicable to municipal courts.
(Ord. 99-6, Aug. 31, 1999)
§ 3.01.002 Jurisdiction
- (a) The Municipal Court shall have the jurisdiction assigned to municipal courts by the laws of the State of Texas, as amended.
- (b) The Municipal Court shall exercise all authority granted to municipal courts and corporation courts under applicable state law.
(Ord. 99-6, Aug. 31, 1999)
CHAPTER 3.20 – MUNICIPAL COURT JUDGE
§ 3.20.001 – Appointment
The Municipal Court Judge shall be appointed by majority vote of the City Council.
(Ord. 99-6, Aug. 31, 1999)
§ 3.20.002 – Temporary Judge
If the Municipal Court Judge is temporarily unable to act, the City Council may appoint a qualified person to serve as substitute judge during such absence or disability.
(Ord. 99-6, Aug. 31, 1999)
§ 3.20.003 – Title
The presiding judicial officer shall be known as the Judge of the Municipal Court.
(Ord. 99-6, Aug. 31, 1999)
§ 3.20.004 – Term of Office
The Municipal Court Judge shall serve a two-year term and may be reappointed.
(Ord. 99-6, Aug. 31, 1999)
§ 3.20.005 – Qualifications
The Municipal Court Judge shall:
- (a) Be licensed to practice law in the State of Texas; or
- (b) Possess judicial experience and qualifications authorized by state law and applicable certification requirements.
(Ord. 99-6, Aug. 31, 1999)
CHAPTER 3.30 – MUNICIPAL COURT CLERK
§ 3.30.001 – Appointment
The Municipal Court Clerk shall be appointed by the Mayor.
(Ord. 99-6, Aug. 31, 1999)
§ 3.30.002 – Interim Clerk
The City Secretary shall serve as interim Municipal Court Clerk in the absence of an appointed clerk.
(Ord. 99-6, Aug. 31, 1999)
§ 3.30.003 – Compensation
The Municipal Court Clerk shall receive compensation established by the City Council.
(Ord. 99-6, Aug. 31, 1999)
§ 3.30.004 – Powers and Duties
The Municipal Court Clerk may administer oaths and affidavits, issue certificates, affix the seal of the court, and perform duties customarily performed by court clerks.
(Ord. 99-6, Aug. 31, 1999)
§ 3.30.005 – Bond
The City Council may require the Municipal Court Clerk to execute a bond conditioned upon faithful performance of official duties.
(Ord. 99-6, Aug. 31, 1999)
CHAPTER 3.40 – MUNICIPAL COURT BUILDING SECURITY FUND
§ 3.40.001 – Definitions
For purposes of this chapter, a person is considered convicted if:
- (a) A sentence is imposed upon the person;
- (b) The person receives community supervision, including deferred adjudication; or
- (c) The court defers final disposition of the person's case.
(Ord. 99-8, Aug. 31, 1999)
§ 3.40.002 – Fund Established
There is established a Municipal Court Building Security Fund for the purposes authorized by this chapter and applicable state law.
(Ord. 99-8, Aug. 31, 1999)
§ 3.40.003 – Administration
The Municipal Court Building Security Fund shall be administered by or under the direction of the City Council.
(Ord. 99-8, Aug. 31, 1999)
§ 3.40.004 – Security Fee Assessed
A defendant convicted of a misdemeanor offense in the Municipal Court shall pay a court building security fee as a cost of court in the amount authorized by state law.
(Ord. 99-8, Aug. 31, 1999)
§ 3.40.005 – Collection and Deposit
The Municipal Court Clerk shall collect the court building security fee and remit the fee for deposit into the Municipal Court Building Security Fund.
(Ord. 99-8, Aug. 31, 1999)
§ 3.40.006 – Authorized Uses
Money deposited in the Municipal Court Building Security Fund may be used only for purposes authorized by state law relating to security of municipal court facilities, including:
- (a) Security screening equipment;
- (b) Surveillance and access control systems;
- (c) Security personnel;
- (d) Security signage;
- (e) Security hardware and locking systems;
- (f) Security training; and
- (g) Other security-related expenditures authorized by law.
(Ord. 99-8, Aug. 31, 1999)
CHAPTER 3.50 – MUNICIPAL COURT TECHNOLOGY FUND
§ 3.50.001 – Fund Established
There is established a Municipal Court Technology Fund in accordance with applicable state law.
(Ord. 99-9, Aug. 31, 1999)
§ 3.50.002 – Administration
The Municipal Court Technology Fund shall be administered by or under the direction of the City Council.
(Ord. 99-9, Aug. 31, 1999)
§ 3.50.003 – Technology Fee Assessed
A defendant convicted of a misdemeanor offense in Municipal Court shall pay a municipal court technology fee as a cost of court in the amount authorized by state law.
For purposes of this section, a person is considered convicted if:
- (a) A sentence is imposed;
- (b) The person is placed on community supervision, including deferred adjudication; or
- (c) The court defers final disposition of the case.
(Ord. 99-9, Aug. 31, 1999)
§ 3.50.004 – Collection and Deposit
The Municipal Court Clerk shall collect the technology fee and remit the fee for deposit into the Municipal Court Technology Fund.
(Ord. 99-9, Aug. 31, 1999)
§ 3.50.005 – Authorized Uses
Money deposited in the Municipal Court Technology Fund may be used only for technological enhancements authorized by state law for municipal courts, including:
- (a) Computer systems;
- (b) Computer networks;
- (c) Computer hardware;
- (d) Computer software;
- (e) Imaging systems;
- (f) Electronic kiosks;
- (g) Electronic ticket writers;
- (h) Docket management systems; and
- (i) Other technological equipment, services, or enhancements authorized by law.
(Ord. 99-9, Aug. 31, 1999)