CHAPTER 29. MUNICIPAL COURTS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 29. MUNICIPAL COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 29.001. DEFINITION. In this chapter, "municipality" means
an incorporated city, town, or village.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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.
(g) A municipal court, including a municipal court of record,
shall have exclusive appellate jurisdiction within the
municipality's territorial limits in a case arising under Chapter
707, Transportation Code.
(h) A municipality with a population of 1.9 million or more and
another municipality contiguous to that municipality may enter
into an agreement providing concurrent jurisdiction for the
municipal courts of either jurisdiction for all criminal cases
arising from offenses under state law that are:
(1) committed on the boundary of those municipalities or within
200 yards of that boundary; and
(2) punishable by fine only.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.32(a), eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 641, Sec. 1, eff. Sept.
1, 1987; Acts 1987, 70th Leg., ch. 680, Sec. 3, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 108, Sec. 7, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 449, Sec. 2, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 533, Sec. 3, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1013, Sec. 40, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 611, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 660, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch.
1122, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1149, Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
230, Sec. 3, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 764, Sec. 1, eff. Jan. 1,
1994.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 774, Sec. 1, eff. Sept. 1,
1991.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER B. MUNICIPAL COURTS IN CERTAIN CITIES
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. June 15,
1995.