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.
