OR 98-846 Establish Municipal Court of Record & appointment of Municipal Judges AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 98846
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
COPPELL, BY AMENDING CHAPTER 5 TO AMEND ARTICLE 5-1 AND
ADD ARTICLE 5-2 TO ESTABLISH A MUNICIPAL COURT OF
RECORD; PROVIDING FOR THE APPOINTMENT OF THE
MUNICIPAL JUDGE AND ALTERNATE MUNICIPAL JUDGES;
PROVIDING FOR THE POWERS AND DUTIES OF MUNICIPAL
JUDGES; PROVIDING FOR THE DUTIES OF THE MUNICIPAL COURT
ADMINISTRATOR; PROVIDING FOR THE RECORDING OF
PROCEEDINGS AND FOR APPEALS FROM THE MUNICIPAL COURT
OF RECORD; PROVIDING A TRANSCRIPT PREPARATION FEE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the 751h Legislature has amended Chapter 30 of the TEX. GOV'T CODE to
add subchapter LL to authorize the City of Coppell, Texas, to create a municipal court of record;
and
WHEREAS, the City Council of the City of Coppell, Texas, determines that the
formation of a municipal court of record is necessary to provide a more efficient disposition of
cases arising in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas, be and the same
is hereby amended by amending Chapter 5, Article 5-1, to establish a municipal court of record, to
read as follows:
"CHAPTER 5 - THE MUNICIPAL COURT OF RECORD
ARTICLE 5-1 ESTABLISHMENT OF THE MUNICIPAL COURT OF RECORD
Sec. 5-1-1 Designation, Powers, Duties, Jurisdiction
A. There is hereby created a municipal court of record in and for the City
of Coppell Texas, to be designated as the "Coppell Municipal Court
No. 1." Said municipal court and any municipal court of record
subsequently established shall exercise that jurisdiction cofferred upon
this court by Section 30.01443 of Chapter 30 of the TEX. GOV'T CODE,
as amended.
B. A municipal court of record created under this Chapter has the
following jurisdiction:
1. jurisdiction within the territorial limits of the City in all criminal
cases arising under the ordinances of the City;
2. concurrentjurisdiction with ajustice ofthe peace in any precinct in
which the City is located in criminal cases within the justice court
jurisdiction that arise within the territorial limits of the City; and are
punishable by a fine only;
3. jurisdiction over cases arising outside the territorial limits of the
City under ordinances authorized by Sections 215.072, 217.042,
341.903, and 401.002, TEX. LOC. GOV'T CODE, as amended.
C. The Coppell Municipal Court No. 1 and any subsequent municipal
court of record of the City of Coppell, Texas, has no term and may sit
at any time for the transaction of business of the Court.
Sec. 5-1-2 Other Terms and Laws Applicable to the Municipal Court of Record
A. Where the term corporation court (or municipal court) is used in this
Code, it shall mean a municipal court of record created under this
Chapter.
B. Any provision of the City Charter, City ordinances, or State law that is
applicable to a municipal court shall be applicable to a municipal court
of record created under this Chapter unless the provision is in conflict
or inconsistent with Chapter 30, subchapter LL of the TEX. GOV'T
CODE which governs the municipal court of record in the City of
Coppell.
Sec. 5-1-3 Powers and Duties of Municipal Judges
A. The Coppell Municipal Court No. 1 is presided over by the municipal
judge who shall be appointed by the City Council for a term of two (2)
years and who must be a licensed attorney in good standing in Texas, a
citizen of the United States, and a resident of the State of Texas. The
municipal court judge appointed under Section 4.06(B) of the City
Charter shall be known as and serve as the "Municipal Judge."
Alternate municipal court judges appointed under Section 4.06(D) of
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the City Charter shall be known as and shall serve as an "Alternate
Municipal Judge."
B. If more than one municipal court of record is created, the judge of each
municipal court of record may at any time exchange benches and sit
and act for each other in any pending case, matter, or proceeding.
C. The municipal judge and alternate municipal judges appointed
hereunder are entitled to receive compensation as set by the City
Manager, subject to approval by the City Council. The compensation of
the municipal judge and alternate municipal judges may not be
diminished during the term of office and may not be based directly or
indirectly on fines, fees or other costs that the judges are required by
law to collect during a term of office.
D. In the event a vacancy occurs in the office of municipal judge or
alternate municipal judge, the City Council shall appoint a qualified
person to fill the office for the remainder of the unexpired term.
E. The City Council shall appoint persons to serve as alternate municipal
judges for a term of two (2) years who shall meet the qualifications
prescribed for the municipal judge. The municipal judge may assign an
alternate municipal judge to act for the municipal judge who is
temporarily unable to act for any reason. An alternate municipal judge
has all the powers and duties of the office while acting for the municipal
judge.
F. The municipal judge and alternate municipal judges serve at the
pleasure of the City Council and may be removed from office with or
without cause.
G. The municipal judge and alternate municipal judges shall:
1. hold court within the City at a place designated by the City Council;
2. follow all rules of procedure contained in the City Ordinances and
State law;
3. enter on the docket of the municipal court of record over which the
municipal judge presides appropriate notations of the disposition of
each case;
4. have authority to preside over any municipal court of record of the
City, and may exchange benches with other judges; and
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5. have all other powers and duties assigned to municipal judges and
magistrates by the City Charter, City ordinances, Chapter 30,
subchapter LL of the TEX. GOV'T CODE, or the Constitution and
laws of the State of Texas.
H. The municipal judge of the municipal court of record and any alternate
municipal judge may grant writs of mandamus, injunction, attachment,
or other writs necessary for the enforcement of the jurisdiction of the
court and may issue writs of habeas corpus in cases in which the
offense charged is within the jurisdiction of the court.
Sec. 5-1-4 Duties of the Municipal Court Administrator
A. The City Manager shall appoint a clerk of the municipal court of record
who shall be known as the "Municipal Court Administrator." The
municipal court administrator may hire, direct, and remove the
personnel authorized in the City's annual budget for the administrator's
office, including court support personnel and marshals, as may be
necessary or appropriate, in accordance with the ordinances, policies
and procedures of the City.
B. The municipal court administrator or the administrator's deputies shall
keep the records of the municipal court, issue process, and generally
perform the duties for the courts that a clerk of the county court
exercising criminal jurisdiction is required by law to perform for that
court. The administrator shall perform the duties in accordance with
State law, the City Charter, and City ordinances.
C. The municipal court administrator shall further:
1. prepare and maintain accurate dockets and minutes for each
municipal court of record created under this Chapter;
2. have custody of all documents and papers relating to the business of
the municipal court;
3. supervise the collections of fines, fees and costs imposed by the
municipal court;
4. maintain complaints for all cases in the municipal court for which a
complaint is required by law;
5. have all other powers and duties assigned to the municipal court
administrator by the City Charter, City ordinances, Chapter 30,
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subchapter LL of the TEX. GOV'T CODE, and the Constitution and
laws of the State of Texas;
6. be responsible for full and proper accounting of all fines, fees and
costs collected and issue receipt to a person who pays a fine, fee or
cost with cash money;
7. preserve the records of the municipal court in accordance with any
City records retention schedule; and
8. appoint a court reporter who must meet the qualifications provided
by law for official court reporters.
Sec. 5-1-5 Record of Proceedings; Fees
A. A municipal court of record created under this Chapter shall comply
with the recording procedures set forth in Chapter 30, subchapter LL
of the TEX. GOV'T CODE.
B. Upon request of the judge or upon written request of one of the parties
to a trial, proceedings of the municipal court of record, limited to trial
testimony and motions before the Court, shall be recorded. The
proceedings may be recorded mechanically, electronically or recorded
by a qualified court reporter who may use written notes, transcribing
equipment, or a combination of those methods to record the
proceedings of the court.
C. The record of a municipal court of record proceeding shall be kept and
stored for not less than twenty (20) days beginning the day after the last
day of the court proceeding, trial, or denial of motion for new trial,
whichever occurs last. The proceedings that are appealed shall be
transcribed by a court reporter or other person authorized to transcribe
the court of record proceedings, which, when transcribed, shall be
referred to as the statement of facts. The court reporter or other
person transcribing the proceedings is not required to have been
present at the proceedings when they were recorded.
D. The appellant shall pay for any transcription of the proceedings unless
the court finds, after a heating in response to an affidavit by the
defendant, that the defendant is unable to pay or provide security for
the transcription. If the court so finds, the court shall order the
reporter to prepare the record without charge to the defendant.
E. Before the recorded proceedings are transcribed, the defendant shall,
unless found by the court to be unable to pay for the transcription, post
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a cash deposit with the municipal court for the estimated cost of the
transcription. The cash deposit shall be based on an estimate provided
by the court reporter or the length of proceedings as indicated by the
amount of tape used to electronically record the proceedings, if any, the
cost of the court reporter, typing, and other incidental services. The
municipal court may post a current schedule of the charges for
transcription fees, including deposits. If the cash deposit exceeds the
actual cost of the transcription, the court reporter shall refund the
difference to the defendant. If the cash deposit is insufficient to cover
the actual cost of the transcription, the defendant must pay the
additional amount to the court reporter before the transcription may be
submitted. If a case is reversed on appeal, the court shall promptly
refund to the defendant any amounts paid for a transcription.
F. The court reporter shall certify the official record.
Sec. 5-1-6 Prosecution By City Attorney
All prosecutions in the municipal court of record must be conducted by the
City Attorney or designee, who for this purpose shall be referred to as the City
Prosecutor. The City Attorney or his designee shall represent the City in all
appeals from the municipal courts of record.
Sec. 5-1-7 Complaint; Pleading
A. A proceeding in a municipal court of record commences with the filing
of a complaint. A complaint must begin "In the name and by authority
of the State of Texas" and must conclude "Against the peace and
dignity of the State."
B. Complaints must comply with Article 45.17 Code of Criminal
Procedure, as amended.
C. Pleadings must be in writing and filed with the municipal court clerk.
Sec. 5-1-8 Jury
A. A person brought before the municipal court of record and charged
with an offense is entitled to be tried by a jury of six (6) persons, unless
that right is waived according to law.
B. A juror for the municipal court of record must have the qualifications
required of jurors by law and must be a resident of the City.
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C. A juror is entitled to receive the compensation for each day and each
fraction of a day in attendance on a municipal court of record jury as
provided by law.
D. The municipal court administrator shall establish a fair, impartial, and
objective juror selection process.
Sec. 5-1-9 Court Rules
A. Except as modified by Chapter 30, subchapter LL, TEX. GO V'T CODE,
the Code of Criminal Procedure as applied to county courts at law
governs the trial of cases before the municipal courts of record.
B. Bonds must be payable to the State for the use and benefit of the City.
The court may not assess court costs other than warrant fees, capins
fees, and other fees authorized for municipal courts.
C. A peace officer may serve a process issued by a municipal court of
record.
D. On conviction, judgment and sentence are in the name of the State, and
the State recovers from the defendant the fine, fees and costs for the
use and benefit of the City. The court may require that the defendant
remain in the custody of the chief of police until the fines and costs are
paid and shall order that execution issue to collect the fines and
penalties.
E. Fines, fees, costs and bonds shall be paid to the municipal court
administrator, who shall deposit them in the City general fund.
Sec. 5-1-10 Appeal
A. A defendant has the right of appeal from a judgment or conviction in a
municipal court of record. The State has the right to an appeal as
provided by Article 44.01, Texas Code of Criminal Procedure. The
County Criminal Courts of Appeal of Dallas County have jurisdiction
of appeals from the municipal courts of record.
B. The appellate court shall determine each appeal from a municipal court
of record conviction on the basis of the errors that are set forth in the
appellant's motion and that are presented in the transcript and
statement of facts prepared from the proceedings leading to the
conviction. An appeal from the municipal court of record is not trial de
novo.
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C. To perfect an appeal, the defendant must file a motion for new trial not
later than ten (10) days after the date on which the judgment and
sentence are rendered. The motion must be in writing and must be filed
with the clerk of the municipal court of record. The motion constitutes
the assignment of error on appeal. A ground or an error not set forth in
the motion is waived. If the court does not act on the motion before
the expiration of thirty (30) days after it is filed with the clerk, the
motion is overruled by operation of law.
D. After an order overruling a motion for new trial, the defendant shall
give written notice of appeal and pay a transcript preparation fee
established by resolution or ordinance of the City Council not to exceed
fifty dollars ($50.00), not later than ten (10) days after the date on
which the motion is overruled. The court shall note the payment of the
fee on the docket of the court. If the case is reversed on appeal, the fee
shall be refunded to the defendant.
Sec. 5-1-11. Appeal Bond; Record on Appeal
A. If the defendant is not in custody, the defendant may not take an appeal
until the defendant files an appeal bond with the municipal court of
record. The bond must be approved by the court and must be filed not
later than ten (10) days after the date on which the motion for new trial
is overruled. If the defendant is in custody, the defendant shall be
committed to jail unless the defendant posts the appeal bond.
B. The appeal bond must be in the amount of Fifty Dollars ($50.00) or
double the amount of the fines and costs adjudged against the
defendant, whichever is greater. The bond must be payable to the State
for the use and benefit of the City and must be conditioned on the
defendant's appearance in the court to which the appeal is taken.
C. The record on appeal consists of a transcript and, if necessary to
appeal, a statement of facts. The court reporter shall prepare the
statement of facts from the reporter's records or mechanical or
electronic recordings of the proceedings.
Sec. 5-1-12 Transcript
A. The municipal court administrator shall prepare under his or her hand
and the seal of the court a transcript of the proceedings in the municipal
court of record after payment of the transcript preparation fee. The
municipal court administrator shall prepare the transcript under written
instructions from the appellant or the appellant's attorney, and unless
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otherwise agreed by the parties in writing, the transcript must include a
copy of:
1. the complaint;
2. court orders on any motions or exceptions;
3. the judgment;
4. the verdict of the jury;
5. any findings of fact or conclusions of law made by the court;
6. the motion for new trial and the order of the court on the motion;
7. the notice of appeal;
8. any statement of the parties regarding material to be included in the
record;
9. the appeal bond; and
10. any signed paper designated as material by either party.
B. The appellant or the appellant's attorney shall file a copy of the written
instructions with the court and shall deliver a copy to the appellee.
C. The appellee shall file a written instruction to the clerk or administrator
of the municipal court of record if additional portions of the trial
proceedings in the transcript are to be included.
Sec. 5-1-13 Statement of Facts
A. A statement of facts included in the record on appeal must contain:
1. a transcription of all or any part of the municipal court of record
proceedings in the case as recorded on the electronic recording
device or shown by the notes of the court reporter recorded or
taken before, during, or after the trial, if the transcription is
requested by a party, a party' s attorney, or the municipal judge;
2 a brief statement of the facts of the case proven at trial as agreed to
by the defendant or the defendant's attorney and the prosecuting
attorney; or
3. a partial transcription and the agreed statement of the facts of the
case.
B. The court reporter shall transcribe in duplicate any portion of the
recorded proceedings or the notes of the court proceedings in the case
at the request of either party or the municipal judge. The appellant
shall pay for the transcription unless the appellant is the defendant and
the court finds, after hearing in response to an affidavit by the
defendant, that the defendant is unable to pay or give security for the
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transcription. On certification by the court that the court reporter has
rendered the service without charge to the defendant, the court reporter
shall be paid for the services by the City.
Sec. 5-1-14 Transfer of Record; Fee
The parties must file the transcript and the statement of facts with the
administrator of the municipal court of record not later than sixty (60) days after
the date on which the transcript preparation fee was paid. The administrator shall
promptly forward them to the appellate court clerk.
Sec. 5-1-15 Brief on Appeal
A. The appellant must file a brief on appeal with the appellate court clerk
not later than the twentieth (20th) day after the date on which the
transcript and statement of facts are filed with that clerk.
B. The appellee must file the appellee's brief with the appellate court clerk
not later than the twentieth (20th) day after the date on which the
appellant' s brief is served on the appellee.
C. To avoid unnecessary delay, the record and briefs on appeal shall be
limited as far as possible to the questions relied on for reversal.
D. On filing, each party shall immediately deliver a copy of the brief to the
opposing party.
Sec. 5-1-16 Certificate of Appellate Proceedings
A. When the judgment of the appellate court becomes final, the clerk of
that court shall certify the proceedings and the judgment and shall mail
the certificate to the clerk or administrator of the municipal court of
record. The administrator shall file the certificate with the papers in the
case and note the certificate on the case docket. If the municipal court
of record's judgment is affirmed, further action to enforce the judgment
is not necessary except to:
1. forfeit the bond of the defendant;
2. issue a writ ofcapias for the defendant; or
3. issue an execution against the defendant's property.
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B. If the appellate court awards a new trial to the defendant, the case
stands as if a new trial had been granted by the municipal court of
record.
Sec. 5-1-17 Appeal to the Court of Appeals
An appeal of the appellate court decision to the court of appeals is governed by
the Texas Rules of Appellate Procedure and the Code of Criminal Procedure,
except that the transcript, briefs, and statement of facts filed in the appellate
court constitute the transcript, briefs, and statement of facts on appeal to the
court of appeals unless the rules of the court of criminal appeals provide
otherwise."
SECTION 2. That Chapter 5 of the Code of Ordinances is amended to add Article 5-2 to
read as follows:
"ARTICLE 5-2 COURT COSTS AND FEES
Sec. 5-2-1 TRANSCRIPT PREPARATION FEE
There is hereby assessed and the municipal courts of record of the City shall
impose and collect a transcript preparation fee of Fifty Dollars ($50.00) from a
defendant seeking to appeal a judgment from the municipal courts of record.
Sec. 5-2-2 ADDITIONAL COURT COSTS
The municipal court of record shall assess a court cost of Five Dollars ($5.00)
for every person convicted of a vehicle parking violation of any City ordinance
regulating stopping, standing, or parking of vehicles in the City.
Sec. 5-2-3 MUNICIPAL COURT SECURITY FUND
A. There is hereby established a Municipal Court Building Security Fund
to be used only to finance the following items when used for the
purpose of providing security services for buildings housing a municipal
COUrt~
1. the purchase or repair of X-ray machines and conveying systems;
2, handheld metal detectors;
3. walkthrough metal detectors;
4. identification cards and systems;
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5. electronic locking surveillance equipment;
6. bailiffs, deputy sheriffs, deputy constables, or contract security
personnel during times when they are providing appropriate
security services;
7. signage;
8. confiscated weapon inventory and tracking systems;
9. locks, chains or other security hardware;
10. continuing education on security issues for court personnel and
security personnel; and
11. any other item or for any other purpose authorized by Article
102.017, Texas Code of Criminal Procedure, as amended.
B. A person convicted of a misdemeanor offense in the municipal court of
record of the City shall pay a Three Dollar ($3.00) security fee as costs
of court, in addition to any other costs, fees or fines imposed by law. A
person is considered convicted if:
1. a sentence is imposed on the person;
2. the person receives community supervision, including deferred
adjudication; or
3. the court defers final disposition of the person' s case.
C. The municipal court clerk or administrator shall collect the costs and
pay them to the Municipal Treasurer or other official of the City who
discharges the duties delegated to the Municipal Treasurer for deposit
in a fund to be known as the Municipal Court Building Security Fund."
SECTION 3. That all provisions of the ordinances of the City of Coppell in conflict with
the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of
the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall
remain in full force and effect.
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SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the pan
so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of
Ordinances as a whole.
SECTION 5. That the municipal court judge and any alternate or assistant municipal
judges appointed under Section 4.06 of the City Charter holding such offices at the time of
adoption of this ordinance shall continue to hold such offices until reappointed by the City
Council or until their current terms expire, whichever is earlier, at which time the City Council
shall appoint a municipal judge and any alternate municipal court judges in accordance with this
ordinance, the City Charter, and the laws of the State of Texas.
SECTION 6. An offense committed before the effective date of this ordinance is govemed by
prior law and the provisions of the Coppell City Code, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 7. This Ordinance shall take effect on November 1, 1998 as the law and
charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the 8:"?' -/t day of
( /e,~ ~t:~,- 1998.
CANDY S~EIYAL'q, iXflX~OR
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ATTEST:
APPROVED AS TO FORM:
PETER G. S~TH, C~~Y
~/pr 9/8/98)
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