Chapter 60. Municipal Court

(a) The city council hereby creates a municipal court of record to be known as the "Municipal Court of Record in the City of Baytown, Texas" in order to provide a more efficient disposition of cases arising in the city and in order to more effectively enforce the ordinances of the city.

(b) The city council hereby adopts state law regarding municipal courts of record, as amended, and to the extent that this article conflicts with state law, state law shall govern.

(Ord. No. 11,746, § 2, 9-22-11)

(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 V.T.C.A., Local Government Code §§ 215.072, 217.042, 341.903 and 401.002.

(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 V.T.C.A., Local Government Code, ch. 214, subch. A or V.T.C.A., Transportation Code, ch. 683, subch. E.

(e) The court has concurrent jurisdiction with a district court or a county court at law under V.T.C.A., Local Government 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 in accordance with V.T.C.A., Local Government Code § 30.00005.

(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. No. 11,746, § 2, 9-22-11)

Except as provided in V.T.C.A., Government Code, ch. 30, as amended, the Texas Code of Criminal Procedure and the Texas Rules of Appellate Procedure shall govern cases proceeding before the court.

(Ord. No. 11,746, § 2, 9-22-11)

The city council shall provide the court with a seal. The seal's appearance and use shall substantially conform to Vernon's Ann. C.C.P. art. 45.02. The seal shall include the following phrase: "Municipal Court of Record in the City of Baytown, Texas."

(Ord. No. 11,746, § 2, 9-22-11)

The court shall be presided over by one or more municipal judges, who shall be appointed by the city council to serve for a term of two years, commencing February first of every even-numbered year. If more than one judge is appointed, the city council shall appoint one of the judges to serve as the presiding judge. The presiding judge shall:

(1) Maintain a central docket for cases filed in the city over which the court has jurisdiction;

(2) Provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the court;

(3) Request the jurors needed for cases that are set for trial by jury;

(4) Temporarily assign judges to act for each other in proceedings pending in the court if necessary for the expeditious disposition of business in the court; and

(5) Supervise and control the operation and clerical functions of the administrative department of the court, including the court's personnel.

(Ord. No. 11,746, § 2, 9-22-11)

(a) An individual appointed to serve as municipal judge shall be:

(1) A resident of the state;

(2) A citizen of the United States;

(3) A licensed attorney in good standing; and

(4) Have two or more years of experience in the practice of law in the state.

(b) An individual may not serve as municipal judge if he is otherwise employed by the city. A municipal judge who accepts other employment with the city vacates the judicial office.

(Ord. No. 11,746, § 2, 9-22-11)

If a vacancy occurs in the office of municipal judge, the city council shall appoint a qualified individual, as provided in section 60-26, to fill the office for the remainder of the unexpired term. The city council may appoint one or more qualified individuals to serve for a municipal judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The presiding judge or the municipal judge if there is no presiding judge shall select one of the qualified persons appointed by the city council to serve during the absence of the municipal judge. The substitute judge, while serving as the municipal judge, shall have all of the powers and shall discharge all of the duties of the municipal judge.

(Ord. No. 11,746, § 2, 9-22-11)

The clerk and other court personnel shall perform their duties under the direction and control of the presiding judge.

(Ord. No. 11,746, § 2, 9-22-11)

(a) Appointment; duties generally. The city clerk shall appoint a qualified individual to serve as the clerk of court for the court. The clerk of court shall keep the records of the court, issue process and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the clerk of court shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The clerk of court shall perform his duties under the direction and control of the presiding judge.

(b) Removal. The clerk of court may be removed pursuant to the city's personnel and administrative regulations manual.

(Ord. No. 11,746, § 2, 9-22-11)

The city manager shall appoint one or more court reporters to preserve a record in cases tried before the court in which the proceedings are not recorded by a good quality recording device. The court reporter must meet the qualifications provided by law for official court reporters. The court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods to record the proceedings of the court. The court reporter shall keep the record for the 20-day period beginning the day after the last day of the proceeding, trial or denial of motion for new trial, or until any appeal is final, whichever occurs last. The court reporter shall not be required to record testimony or any proceeding in a case unless the municipal judge or one of the parties requests a record. The party requesting the services of the official court reporter shall bear the cost of those services. When an electronic recording device is being used to record the proceedings, it is not necessary to have a court reporter present to record the proceedings nor to certify the statement of facts. The city manager shall set the compensation of the court reporter.

(Ord. No. 11,746, § 2, 9-22-11)

The court reporter or court staff is not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. All proceedings before the court, to the extent requested, shall be recorded by use of a good quality electronic recording device. This shall be the primary method for the recording of proceedings utilized by the court. As an alternative to the electronic recording device, proceedings shall be recorded by an official court reporter appointed by the city manager. The record of the proceedings shall be kept by the clerk of court if an electronic recording device is used, or the court reporter in cases where the court reporter records the proceedings, for the 20-day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. If a case is appealed, the proceedings shall be transcribed from the recording by the city's official court reporter.

(Ord. No. 11,746, § 2, 9-22-11)

A defendant has the right to appeal from a judgment or conviction in the court, as provided by V.T.C.A., Government Code § 30.00014, as amended. The state has the right to appeal from a judgment in the court in manner provided for by Vernon's Ann. C.C.P. art. 44.01, as amended. The appropriate county court of Harris County, Texas, shall have jurisdiction of appeals from the court. All appeals shall be conducted in the manner provided for by V.T.C.A., Government Code, ch. 30, as amended. Upon the enactment of this article, all cases for offenses alleged to have been committed on or after October 2, 2011, shall be appealed in accordance with V.T.C.A., Government Code, ch. 30, as amended.

(Ord. No. 11,746, § 2, 9-22-11)

In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The clerk 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 appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to V.T.C.A., Government Code §§ 30.00014 and 30.00019.

(Ord. No. 11,746, § 2, 9-22-11)

(a) Conformance to state rules. The record on appeal must substantially conform to the provisions relating to the preparation of a record on appeal in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended.

(b) Transfer. Not later than the sixtieth day after the date on which the notice of appeal is given or filed, the parties must file with the clerk of court the statement of facts; a written description of material to be included in the transcript in addition to the required material; and any material to be included in the transcript that is not in the custody of the clerk of court. Upon completion of the record, the municipal judge shall approve the record in the manner provided for record completion, approval and notification in the court of appeals. After the municipal judge approves the record, the clerk of court shall promptly send the record to the appellate court clerk for filing. V.T.C.A., Government Code § 30.00020, as amended, charges the appellate court clerk with the responsibility of notifying the defendant and the prosecuting attorney that the record has been filed.

(Ord. No. 11,746, § 2, 9-22-11)

The statement of facts must substantially conform to the provisions relating to the preparation of a statement of facts in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended. The appellant shall pay for the statement of facts.

(Ord. No. 11,746, § 2, 9-22-11)

The transcript must substantially conform to the provisions relating to the preparation of a transcript in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended.

(Ord. No. 11,746, § 2, 9-22-11)

Bills of exception must substantially conform to the provisions relating to the preparation of bills of exception in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended.

(Ord. No. 11,746, § 2, 9-22-11)

(a) State law adopted. The city council specifically adopts state law, as amended, relative to appeals.

(b) Requirements. In order to perfect a right to appeal, the appellant must file a written motion for new trial with the clerk of court and must also give notice of the appeal to the appellee and to the court.

(c) Motion for new trial. The written motion for new trial must be filed with the clerk of court not later than the tenth day after the date on which judgment is rendered. The motion must set forth the points of error of which the appellant complains. The motion or amended motion may be amended with leave of court at any time before action on the motion is taken, but may not be amended later than the twentieth day after the date on which the original or amended motion is filed. The court may for good cause extend the time for filing or amending, but the extension may not exceed 90 days from the original filing deadline. If the court does not act on the motion before the expiration of the 30 days allowed for determination of the motion, the original or amended motion is overruled by operation of law.

(d) Notice of appeal. If the appellant requests a hearing on the motion for new trial, the appellant may give the notice of appeal orally in open court after the motion is overruled. If there is no hearing, the appellant must file the notice with the court not later than the tenth day after the date on which the motion is overruled. The court may for good cause extend the time period for providing notice; however, the extension shall not exceed 90 days from the original filing deadline. If the defendant is in custody, the appeal is perfected when the notice of appeal is given as provided by Vernon's Ann C.C.P. art. 44.13, as amended.

(Ord. No. 11,746, § 2, 9-22-11)

If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the court. The bond must be approved by the court and must be filed not later than the tenth day after the date on which the motion for new trial is overruled. The appeal bond must be in the amount of $100.00 or double the amount of the fines and costs adjudged against the defendant, whichever is greater. The bond must state that the defendant was convicted in the case and has appealed and must be conditioned on the defendant's immediate and daily personal appearance in the court to which the appeal is taken. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond.

(Ord. No. 11,746, § 2, 9-22-11)

(a) Generally. Both the appellant and the appellee are required to file briefs with the appellate court clerk. Each party, on the filing of the party's brief with the appellate court clerk, shall deliver a copy of the brief to the opposing party and to the municipal judge. The record and the brief, on appeal, shall be limited as far as possible to the questions relied on for reversal. The municipal judge shall decide from the briefs of the parties whether the appellant should be permitted to withdraw the notice of appeal and be granted a new trial by the court. The court may grant a new trial at any time before the record is filed with the appellate court.

(b) Appellant's brief. The appellant must file a brief with the appellate court clerk not later than the fifteenth day after the date on which the transcript and statement of facts are filed with that clerk. The appellant or the appellant's attorney must certify that the brief has been properly mailed to the appellee.

(c) Appellee's brief. The appellee must file its brief with the appellate clerk not later than the fifteenth day on which the appellant's brief is filed.

(Ord. No. 11,746, § 2, 9-22-11)