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Sec. 8.101 Creation

Oak Leaf Municipal Court is created by law in the State of Texas, V.T.C.A., Government Code, Sec. 29.002. The municipal court shall have exclusive original jurisdiction within the territorial limits of the city, in all criminal cases arising under the ordinances of the city in which punishment is by fine only and where the maximum of such fine does not exceed $2,000.00 in all cases arising under municipal ordinances that govern fire safety, zoning or public health and sanitation including dumping of refuse and where the maximum of such fine does not exceed $500.00 in all other cases; and shall also have concurrent jurisdiction with any justice of the peace in any precinct in which the city is situated in all criminal cases arising under the criminal laws of this state, in which punishment is by fine only, and where the maximum of such fine may not exceed $200.00 and arising within such territorial limits. V.T.C.A., Government Code, Sec. 29.003 and Art. 4.14 C.C.P. as amended, effective September 1, 1985. (Ordinance 886 of 12/88; Ordinance adopting Code)

Sec. 8.102 Term

Municipal courts have no terms and may sit at any time to try cases. [Art. 4.15 C.C.P.]

Sec. 8.103 Seal

The court shall have a seal with a five point star in the center and with the words “Municipal Court in Oak Leaf, Texas”. [Art. 45.02 C.C.P.]

Sec. 8.104 Complaints

(a) Proceedings in municipal court are commenced by complaint, which shall begin “In the name and authority of the State of Texas,” and shall conclude: “Against the peace and dignity of the State.” If the offense is only covered by an ordinance, it may also conclude: “Contrary to the said ordinance.” [Art. 45.01 C.C.P.]

(b) A complaint may be sworn to before any officer authorized to administer oaths or before the judge, clerk, city secretary, city attorney or his deputy. Art. 45.01 C.C.P. The complaint may be signed upon information and belief by the person signing the complaint without personal knowledge of the offense. [Richards V. State, 305 S. W. 2d 375; Butler V. State, S. W. 2d 136.]

(c) Complaints must be written and shall state:

(1) The name of the accused, if known, and if unknown, shall describe him as accurately as practicable.

(2) The offense with which he is charged, in plain and intelligible words.

(3) The city and county in which the complaint is made and offense committed.

(4) The offense from the date of commitment is not barred by limitation.

The complaint must state facts sufficient to show commission of offense charged, but same particularity is not required as is necessary in indictment of information. [Vallejo V. State, 408 S. W. 2d 113; Ex Parte Quintanilla, 207 S. W. 2d 377.]

(d) When complaint unnecessary Article 27.14 C. C. P. provides:

If written notice of a violation for which the maximum possible punishment is by fine only or a violation relating to the manner, time, and place of parking has been prepared, delivered, and filed with the court and a legible duplicate copy has been given to the defendant, the duplicate copy serves as a complaint to which the defendant may plead guilty or not guilty or nolo contendere. If the defendant pleads not guilty to the offense, a complaint shall be filed that conforms to the requirements of Article 45.01, Code of Criminal Procedure, 1965, as amended, and that complaint serves as an original complaint. A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed on the written notice of the charged offense if the defendant agrees in writing with the prosecution, signs the agreement, and files it with the court.

Sec. 8.105 Judge*

(a) Municipal courts shall be presided over by a judge to be known as the “Judge of the Oak Leaf Municipal Court,” who, shall be the mayor of Oak Leaf.

(b) The mayor may also appoint an alternate judge to serve for when he is on vacation, sick or disqualified to sit on a particular case, or is temporarily unable to act for any reason.

(c) Temporary Replacement: While the municipal judge is temporarily unable to act for any reason, the governing body may appoint an additional person or persons meeting the qualifications for such position to sit for the regular municipal judge. The appointee shall have all the powers and duties of the office and shall receive the same compensation set by the governing body of Oak Leaf.

(d) All judges appointed under the provisions of this article shall take and subscribe to the constitutional oath of office before entering upon the performance of their duties as such.

(e) The judge shall have the power to admit to bail, and to forfeit bonds under such rules as govern such taking and forfeiture in the county courts. [Art. 45.12 C.C.P.]

(f) A municipal court may punish by a fine in accordance with the general penalty provision found in Section 1.106 of this code, or by confinement for not more than three days, or both, any person guilty of contempt of the court. [Art. 1911a.]

Sec. 8.106 Court Clerk*

(a) The city council shall appoint a court clerk for the city. The city council may also appoint such deputy clerks as may be necessary for the efficient operation of the municipal court.

(b) The clerk of the municipal court and such deputy clerks as may be appointed shall perform all the duties and have all the powers bestowed upon clerks of municipal courts by state law.

Sec. 8.107 Training

(a) Municipal court judge in the State of Texas who is not a licensed attorney in this state must complete successfully within one year from the date he is first elected or appointed a 24 hour course in the performance of his duties. The judge must complete a minimum of 12 hours each calendar year following the calendar year in which the initial course was taken. The course may be completed in an accredited state supported school of higher education or in a continuing education course, program, seminar, or law school or law enforcement school approved by the Texas Judicial Council.

(b) A municipal court judge in the State of Texas who is a licensed attorney and in good standing with the state bar must complete successfully within one year from the date is first elected or appointed a 12 hour course in the performance of his duties. The judge must complete a 12 hour course each calendar year following the calendar year in which the initial course was taken. The course may be completed in an accredited state supported school of higher education or in a continuing education course, program, or seminar approved by the Texas Judicial Council.

(c) The Texas Judicial Council shall have general supervisory authority over the administration of this act. The Texas Judicial Council shall accredit courses, programs, and seminars which will satisfy the educational requirements of this act. The Texas Judicial Council may make and adopt rules and regulations not inconsistent with this act governing the conduct of business and the performance of its duties.

(d) Not later than the 60th day after the day on which an accredited course is completed, the municipal court judge successfully completing the course shall make a written report of the fact to the Texas Judicial Council in the manner and form prescribed by the council.

(e) In individual cases, the Texas Judicial Council on proper application may grant waivers of extensions of the minimum educational or reporting requirements.

(f) The Texas Judicial Council shall prepare an annual report containing a list of all accredited courses for the previous year, a list of all municipal court judges who attended the courses, and a list of all municipal court judges who did not attend the courses. The council shall submit the report to the chief justice of the supreme court, the attorney general, and the mayor of each municipality in which a judge who did not attend a course presides.

(g) The municipal court judges and personnel training fund is established in the state treasury to be administered by the criminal justice division of the governor’s office. The fund associations of the municipal court judges and municipal court personnel to provide continuing education courses or seminars for those judges and personnel. A course or seminar for municipal court judges created under this program must conform to Sections 1 and 2 of the act and must be approved by the Texas Judicial Council.

Sec. 8.108 Criminal Docket

Oak Leaf municipal court judge shall keep a docket in which he shall enter the proceedings of each trial held before him. Each docket shall show:

(1) the style of the action;

(2) the nature of the offense;

(3) the date the warrant was issued and the return thereon;

(4) the time when the examination trial was had, and if a trial, whether it was by a jury or by himself;

(5) the verdict of the jury, if any;

(6) the judgment and sentence of the court;

(7) motion for new trial, if any, and the decision thereon;

(8) if an appeal was taken; and

(9) the time when, and the manner in which judgment and sentence was enforced. [Art. 45.13 C.C.P.]

Sec. 8.109 Service of Process

All process issued out of a municipal court shall be served by a marshal or compliance officer under the same rules as are provided by law for the service by sheriffs and constables of process issuing out of the justice court, so far as applicable, Art. 45.04 C.C.P., and process may be served throughout Ellis County where Oak Leaf is located.

Sec. 8.110 Costs of Court

(a) The special expenses and costs as provided for in the fee schedule found in the appendix of this code are authorized to be collected by the clerk of the municipal court.

(b) The officer collecting the costs shall keep separate records of the funds collected as costs under this section, and shall deposit the funds in the municipal treasury.

(c) Each officer collecting court costs under this section shall file the reports required. If no funds due as costs under this section have been collected in any quarter, the report required for each quarter shall be filed in the regular manner, and the report shall state that no funds due under this section were collected.

(d) The custodian of a municipal treasury shall keep records of the amount of funds on deposit collected under this section, and shall remit to the comptroller of public accounts on or before the last day of the month following each calendar quarter period of three months the funds collected under this section during the preceding quarter. The city may retain as a collection fee 10 percent of the funds collected under this section. Funds collected are subject to audit by the comptroller and funds expended are subject to audit by the state auditor and by the governor’s division of planning coordination.

(e) Bail is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond and a personal bond.

(f) A bail bond is written undertaking entered into by the defendant and his sureties for the appearance of the defendant before the court to answer a criminal accusation. The defendant may deposit a cash bond in lieu of having sureties sign the bond.

(g) The court may, in its discretion, release the defendant on his personal bond without sureties or other security.

Sec. 8.111 Prosecutions

All prosecutions in the municipal court shall be conducted by the city attorney of the city, but the county attorney may represent the state in all prosecutions involving violations of state law.

Sec. 8.112 Trials

(a) Trials in municipal court are before the judge thereof or before a jury of six persons. The defendant may waive a trial by jury. As a qualification for service on a jury of a municipal court, including a municipal court of record, a person must be a resident of the city of Oak Leaf.

(b) The judge shall charge the jury on the law when requested by the defendant or his attorney.

(c) If there is a material variance between the allegations in the complaint and the proof offered at the trial by the state, or the state has failed to prove a prima facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of “not guilty” as in any other criminal case.

(d) Defendant may appear in person and by attorney.

(e) Rules of evidence in the district court shall apply to the trial of cases before a municipal court.

Sec. 8.113 Plea of Guilty or Nolo Contendere

(a) A defendant charged with a misdemeanor for which the maximum possible punishment is by fine only may mail to the court a plea of guilty or of nolo contendre and a waiver of jury trial. The defendant may also request in writing that the court notify the defendant, at the address stated in the request, of the amount of an appeal bond that the court will approve.

(b) If the court receives a plea and waiver before the time the defendant is scheduled to appear in court, the court shall dispose of the case without requiring a court appearance by the defendant.

(c) The court shall notify the defendant by certified mail, return receipt requested, of any fine assessed in the case and, if requested by the defendant, the amount of an appeal bond that the court will approve. The defendant shall pay any fine assessed or give an appeal bond in the amount stated in the notice before the 31st day after receiving the notice.

Sec. 8.114 Judgment and Commitment

(a) When the defendant is committed to custody, he shall be committed to the custody of the compliance officer in accordance with the ordinance providing for the custody of prisoners convicted before the court. [Art. 45.04 C.C.P.]

(b) All fines and special expense shall be paid into the city treasury.

(c) New trials require motion at least one day after judgment. Only one new trial may be granted.

(d) Credit of $15.00 per day is extended for each day served on fine imposed.

Sec. 8.115 Appeals

(a) Appeals from the municipal court shall be to the county court, unless the jurisdiction of the county court has been transferred to the district court or to a county court of law, in which case an appeal will be to the court which such appellate jurisdiction has been transferred.

(b) Notice of appeal shall be given within ten days form date of judgment and the filing of an appeal bond perfects the appeal. Appeal bond to be double amount of fine in accordance with the general penalty provision found in Section 1.106 of this code.

(c) All of the original papers in the case, together with a certified transcript of all the proceedings had in the court shall be delivered without delay to the clerk of the court to which the appeal was taken.

(d) The case shall be tried de novo in the appellate court.

(e) A find imposed by a county court in a case heard on appeal from Oak Leaf’s court must be returned to the Oak Leaf treasury.

(f) A clerk for the municipal court shall be elected by the governing board of Oak Leaf, but it may provide by ordinance that the city secretary shall be ex-officio clerk of the court who may be authorized to appoint a deputy with the same power as the secretary.

Sec. 8.116 Payment

(a) Oak Leaf will accept payment of a fee, fine or court cost in cash or money order.

(b) Oak Leaf governing body shall set the processing fee in an amount that is reasonably related to the expense incurred by the municipal officer or official in processing the payment. The fee may not be set that exceeds five percent of the fee, fine, court cost, or other charge being paid.

(c) The processing fee shall be deposited in the general fund of the city.

(d) The clerk shall keep minutes of the proceedings of the court, issue all process, and generally perform all the duties of the clerk of a court as prescribed by law for a county clerk.

Sec. 8.117 Fees and Punishments*

Attachment A - Fees and Attachment B - Punishments will be in effect and followed by the Oak Leaf Municipal Court.

(Ordinance 886 of 12/88)

Sec. 8.118 Municipal Court Technology Fee*

(a) Fee Establish. There is hereby established a municipal court technology fund to be used only to finance the items when used for the purpose of providing technological enhancements for the municipal court including:

(1) computer systems;
(2) computer networks;
(3)  computer hardware;
(4)  computer software;
(5)  imaging systems;
(6)  electronic kiosks;
(7)  electronic ticket writers; and
(8)  docket management systems.

(b) Fee Imposed. A defendant for a misdemeanor offense in the municipal court of the City of Oak Leaf, Texas, shall pay a technology fee as provided for in the fee schedule found in the appendix of this code. 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.

The clerk of the municipal court shall collect the costs and pay them to the municipal treasurer or other official of the City of Oak Leaf, Texas, who discharges the duties delegated to the municipal treasurer for deposit in a fund to be known as the municipal court technology fund.

(Ordinance 0001 adopted 11/2/00)

Sec. 8.119 Municipal Court Building Security Fund

(a) There is hereby established a Municipal Court Building Security Fund to be used only to finance the items when used for the purpose of providing security enhancements for the municipal court including:

(1) The purchase or repair of x-ray machines and conveying systems;
(2) Handheld metal detectors;
(3) Walk-through metal detectors;
(4) Identification cards and systems;
(5) Electronic locking and surveillance equipment;
(6) Bailiff, deputy sheriffs, deputy constables or contract security personnel during times when they are providing appropriate security service;
(7) Signage;
(8) Confiscated weapon inventory and tracking devices;
(9) Locks, chains, alarms or similar security devices;
(10) The purchase or repair of bullet-proof glass; or
(11) The continuing education on security for court personnel and security personnel.

(b) Building Fee Imposed. A defendant convicted for a misdemeanor offense in the municipal court of the City of Oak Leaf, Texas shall pay a building security fee, as provided for in the fee schedule found in the appendix of this code, as costs of court. 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 clerk of the municipal court shall collect the costs and pay them to the municipal treasurer or other official of the City of Oak Leaf, Texas, who discharges the duties delegated to the municipal treasurer for deposit in a fund to be known as the municipal court building security fund.

(Ordinance 0101 of 2/1/01)