reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. General Provisions › Section 29.015. Location for Court Proceedings and Terms and Sessions of Court Following Certain Disasters

Sec. 29.015.  LOCATION FOR COURT PROCEEDINGS AND TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.  (a)  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a municipal court from conducting its proceedings at the location assigned for the proceedings, the presiding judge of the administrative judicial region, with the approval of the judge of the affected municipal court, may designate for the proceedings an alternate location:
(1)  in the corporate limits of the municipality; or
(2)  outside the corporate limits of the municipality at the location the presiding judge determines is closest in proximity to the municipality that allows the court to safely and practicably conduct its proceedings, provided the presiding judge of the administrative judicial region for the designated location approves if that presiding judge is not the presiding judge making the designation.
(b)  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a municipal court from holding its terms, the presiding judge of the administrative judicial region, with the approval of the judge of the affected municipal court, may designate the terms and sessions of court.
Added by Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 13, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.051. Definitions

Sec. 29.051.  DEFINITIONS.  In this chapter:
(1)  "Active judge" means a person who holds office as a district court judge or statutory county court judge.
(2)  "Presiding judge" means the presiding judge of a municipal court, including a municipal court of record.
(3)  "Regional presiding judge" means the presiding judge of the administrative judicial region appointed under Section 74.005.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.052. Motion for Recusal or Disqualification

Sec. 29.052.  MOTION FOR RECUSAL OR DISQUALIFICATION.  (a)  A party in a hearing or trial in a municipal court, including a municipal court of record, may file with the clerk of the court a motion stating grounds for the recusal or disqualification of the municipal judge.  The grounds may include any disability of the judge to preside over the case.
(b)  A motion for the recusal or disqualification of a municipal judge must:
(1)  be filed at least 10 days before the date of the hearing or trial, except as provided by Subsection (c);
(2)  be verified; and
(3)  state with particularity the alleged grounds for recusal or disqualification of the judge based on:
(A)  personal knowledge that is supported by admissible evidence; or
(B)  specifically stated grounds for belief of the allegations.
(c)  A motion for recusal or disqualification must be filed at the earliest practicable time before the beginning of the trial or other hearing if a judge is assigned to a case 10 or fewer days before the date set for a trial or hearing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.053. Notice

Sec. 29.053.  NOTICE.  A party filing a motion for recusal or disqualification under this subchapter shall serve on all other parties or their counsel:
(1)  copies of the motion; and
(2)  notice that the movant expects the motion to be presented to the judge three days after the filing of the motion unless the judge orders otherwise.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.054. Statement Opposing or Concurring With Motion

Sec. 29.054.  STATEMENT OPPOSING OR CONCURRING WITH MOTION.  A party may file with the clerk of the court a statement opposing or concurring with a motion for recusal or disqualification at any time before the motion is heard.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.055. Procedure Following Filing of Motion; Recusal or Disqualification Without Motion

Sec. 29.055.  PROCEDURE FOLLOWING FILING OF MOTION; RECUSAL OR DISQUALIFICATION WITHOUT MOTION.  (a)  Before further proceedings in a case in which a motion for the recusal or disqualification of a municipal judge has been filed, the judge shall:
(1)  recuse or disqualify himself or herself; or
(2)  request the regional presiding judge to assign a judge to hear the motion.
(b)  A municipal judge who with or without a motion recuses or disqualifies himself or herself:
(1)  shall enter an order of recusal or disqualification and:
(A)  if the municipal judge is not the presiding judge, request the presiding judge to assign any other judge of the municipal court, including the presiding judge, to hear the case;
(B)  if the municipal judge is the presiding judge, request the regional presiding judge to assign another judge of the municipal court to hear the case; or
(C)  if the municipal judge serves in a municipality with only one municipal judge, request the regional presiding judge to assign a judge of another municipal court in the county to hear the case; and
(2)  may not take other action in the case, except that a judge who recuses himself or herself for good cause may take other action as stated in the order in which the action is taken.
(c)  A municipal judge who does not recuse or disqualify himself or herself:
(1)  shall forward, in original form or certified copy, an order of referral, the motion, and all opposing and concurring statements to the regional presiding judge; and
(2)  may not take other action in the case during the time after the filing of the motion for recusal or disqualification and before a hearing on the motion, except for good cause stated in the order in which the action is taken.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.056. Hearing on Motion

Sec. 29.056.  HEARING ON MOTION.  (a)  A regional presiding judge who receives a request for the assignment of a judge to hear a motion to recuse or disqualify shall:
(1)  immediately set a hearing before the regional presiding judge, an active judge, or a judge on the list of judges who are eligible to serve on assignment under Section 74.055;
(2)  cause notice of the hearing to be given to all parties or their counsel; and
(3)  make any other orders, including orders on interim or ancillary relief in the pending cause as justice may require.
(b)  A judge who hears a motion for recusal or disqualification under Subsection (a) may also hear any amended or supplemented motion for recusal or disqualification filed in the case.
(c)  If none of the parties to an action object, a hearing under Subsection (a) or (b) may be conducted by telephone.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.057. Procedure Following Granting of Motion

Sec. 29.057.  PROCEDURE FOLLOWING GRANTING OF MOTION.  (a)  If a motion for recusal or disqualification is granted after a hearing is conducted as provided by Section 29.056, the judge who heard the motion shall enter an order of recusal or disqualification, and:
(1)  if the judge who was the subject of the motion is not the presiding judge, request that the presiding judge assign any other judge of the municipality, including the presiding judge, to hear the case;
(2)  if the judge who was the subject of the motion is the presiding judge, request the regional presiding judge to assign another judge of the municipality to hear the case; or
(3)  if the judge subject to recusal or disqualification is located in a municipality with only one municipal judge, request the regional presiding judge to assign a judge of another municipal court in the county to hear the case.
(b)  If the presiding judge is unable to assign a judge of the municipality to hear a case when a municipal judge is recused or disqualified under Section 29.055 or 29.056 because there are not any other municipal judges in the municipality or because all the municipal judges have been recused or disqualified or are otherwise unavailable to hear the case, the presiding judge shall request the regional presiding judge to first assign a municipal judge from another municipality in the county or, if necessary, assign a municipal judge from a municipality in an adjacent county to hear the case.
(c)  If the regional presiding judge is unable to assign a judge to hear a case when a municipal judge is recused or disqualified under Section 29.055 or 29.056 because there are not any other municipal judges in the county or because all the municipal judges have been recused or disqualified or are otherwise unavailable to hear the case, the regional presiding judge may assign a municipal judge from a municipality in an adjacent county to hear the case.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.058. Appeal

Sec. 29.058.  APPEAL.  (a)  After a municipal court of record has rendered a final judgment in a case, a party may appeal an order that denies a motion for recusal or disqualification as an abuse of the court's discretion.
(b)  A party may not appeal an order that grants a motion for recusal or disqualification.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.059. Contempt

Sec. 29.059.  CONTEMPT.  If a party files a motion to recuse or disqualify under this subchapter and it is determined by the judge hearing the motion, at the hearing and on motion of the opposing party, that the motion to recuse or disqualify is brought solely for the purpose of delay and without sufficient cause, the judge may in the interest of justice find the party filing the motion in contempt under Section 21.002(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter A. -1. Recusal or Disqualification of Municipal Judges › Section 29.060. Compensation

Sec. 29.060.  COMPENSATION.  (a)  An active judge who is assigned to hear a motion to recuse or disqualify a municipal judge under this subchapter is not entitled to additional compensation other than travel expenses.  A judge assigned to hear a motion to recuse or disqualify who is not an active judge is entitled to:
(1)  compensation of $450 per day of service, prorated for any day for which the judge provides less than a full day of service; and
(2)  travel expenses.
(b)  A municipal judge assigned under this subchapter to hear a case in a court other than the one in which the judge resides or serves is entitled to compensation provided by law for judges in similar cases and travel expenses.
(c)  The municipality in which a case subject to this subchapter is pending shall pay the compensation and travel expenses due or incurred under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1184 (H.B. 3475), Sec. 1, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1324 (S.B. 480), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter B. Municipal Courts in Certain Cities › Section 29.101. Municipality of More Than 250,000

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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter B. Municipal Courts in Certain Cities › Section 29.102. Municipality of 130,001 to 285,000

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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter B. Municipal Courts in Certain Cities › Section 29.103. Municipal Courts in El Paso

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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter B. Municipal Courts in Certain Cities › Section 29.104. Municipal Court Proceedings Outside Corporate Limits

Sec. 29.104.  MUNICIPAL COURT PROCEEDINGS OUTSIDE CORPORATE LIMITS.  The municipal court of a municipality with a population of 3,500 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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 380 (H.B. 3561), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 29 - Municipal Courts › Subchapter B. Municipal Courts in Certain Cities › Section 29.105. Municipal Court Proceedings in Municipality Participating in Police Department Contract

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.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00001. Short Title; Application

Sec. 30.00001.  SHORT TITLE;  APPLICATION.  (a)  This chapter may be cited as the Uniform Municipal Courts of Record Act.
(b)  This subchapter applies to:
(1)  each municipality listed in this chapter;  and
(2)  each other municipality in which the governing body of the municipality has created a municipal court of record as authorized by Section 30.00003.
(c)  If a provision of this subchapter conflicts with a specific provision for a particular municipality, the specific provision controls.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.481 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1127, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00002. Definitions

Sec. 30.00002.  DEFINITIONS.  In this subchapter:
(1)  "Appellate court" means:
(A)  the county criminal court, the county criminal court of appeals, or the municipal court of appeals;  or
(B)  the county court at law if there is no county criminal court, county criminal court of appeals, or municipal court of appeals.
(2)  "Governing body" means the legislative body of a municipality, without regard to the name or title given to any particular body.
(3)  "Municipality" means an incorporated city, town, or village.
(4)  "Presiding judge" means the presiding municipal judge, chief judge, or administrative judge.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.482 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00003. Creation of Municipal Courts of Record

Sec. 30.00003.  CREATION OF MUNICIPAL COURTS OF RECORD.  (a)  The governing body may by ordinance create a municipal court of record if the governing body determines that the creation of the court is necessary to provide a more efficient disposition of the cases arising in the municipality.
(b)  The ordinance may establish as many municipal courts of record as needed as determined by the governing body.
(c)  Except as provided by Subsection (d), the ordinance shall give each court a numerical designation, beginning with "Municipal Court of Record No. 1."
(d)  If a municipality has a unified court of record, that court shall be the "Municipal Court of Record in the City of (name of municipality)" and the municipality may establish by ordinance divisions, beginning with "Division No. 1."
(e)  A municipal court of record may not exist concurrently with a municipal court that is not a municipal court of record in the municipality.
(f)  A municipal court of record has no terms and may sit for any time for the transaction of business of the court.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.483 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00004. Abolition of Court

Sec. 30.00004.  ABOLITION OF COURT.  If the governing body of the city finds that a municipal court of record is unnecessary, the governing body shall by ordinance declare the office of the municipal judge vacant at the end of the term for which the judge was last selected.  Any cases then pending shall be transferred to a court with proper jurisdiction of the offense.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.484 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00005. Jurisdiction

Sec. 30.00005.  JURISDICTION.  (a)  A municipal court of record has the jurisdiction provided by general law for municipal courts.
(b)  The court has jurisdiction over criminal cases arising under ordinances authorized by Sections 215.072, 217.042, 341.903, and 551.002, Local Government Code.
(c)  The governing body may by ordinance provide that the court has concurrent jurisdiction with a justice court in any precinct in which the municipality is located in criminal cases that arise within the territorial limits of the municipality and are punishable only by fine.
(d)  The governing body of a municipality by ordinance may provide that the court has:
(1)  civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, Transportation Code;
(2)  concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Local Government Code, within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances;  and
(3)  authority to issue:
(A)  search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation;  and
(B)  seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.
(e)  The court has concurrent jurisdiction with a district court and a justice court over expunction proceedings relating to the arrest of a person for an offense punishable by fine only.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.485 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1093, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(1), eff. April 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1149 (H.B. 557), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00006. Judge

Sec. 30.00006.  JUDGE.  (a)  A municipal court of record is presided over by one or more municipal judges.
(b)  The governing body shall by ordinance appoint its municipal judges.
(c)  A municipal judge must:
(1)  be a resident of this state;
(2)  be a citizen of the United States;
(3)  be a licensed attorney in good standing;  and
(4)  have two or more years of experience in the practice of law in this state.
(d)  The governing body shall provide by ordinance for the term of office of its municipal judges.  The term must be for a definite term of two or four years.
(e)  The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality. The judge may grant writs of mandamus, attachment, and other writs necessary to 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.  A municipal judge is a magistrate and may issue administrative search warrants.
(f)  The municipal judges within a municipality may exchange benches and act for each other in any proceeding pending in the courts.  An act performed by any of the judges is binding on all parties to the proceeding.
(g)  A person may not serve as a municipal judge if the person is employed by the same municipality.  A municipal judge who accepts employment with the municipality vacates the judicial office.
(h)  The governing body shall determine the salary of a municipal judge.  The amount of a judge's salary may not be diminished during the judge's term of office.  The salary may not be based directly or indirectly on fines, fees, or costs collected by the court.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.486 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00007. Presiding Judge

Sec. 30.00007.  PRESIDING JUDGE.  (a)  If there is more than one municipal judge in the municipality, the governing body of the municipality shall appoint one of the judges as the presiding judge.
(b)  The presiding judge shall:
(1)  maintain a central docket for cases filed within the territorial limits of the municipality over which the municipal courts of record have 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 courts;
(3)  request the jurors needed for cases that are set for trial by jury;
(4)  temporarily assign judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court if necessary for the expeditious disposition of business in the courts;
(5)  supervise and control the operation and clerical functions of the administrative department of each court, including the court's personnel, during the proceedings of the court; and
(6)  establish a court security committee to adopt security policies and procedures for the courts served by the presiding judge that is composed of:
(A)  the presiding judge, or the presiding judge's designee, who serves as presiding officer of the committee;
(B)  a representative of the law enforcement agency or other entity that provides the primary security for the court;
(C)  a representative of the municipality; and
(D)  any other person the committee determines necessary to assist the committee.
(c)  A court security committee may recommend to the governing body the uses of resources and expenditures of money for courthouse security, but may not direct the assignment of those resources or the expenditure of those funds.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.486 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Redesignated from Sec. 30.00006(d), (e) by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 190 (S.B. 42), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00008. Vacancies: Temporary Replacement

Sec. 30.00008.  VACANCIES:  TEMPORARY REPLACEMENT.  (a)  If a vacancy occurs in the office of municipal judge of a court of record, the governing body shall by ordinance or charter provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term.
(b)  The governing body may appoint one or more qualified persons to be available 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 governing body to serve during the absence of a municipal judge.  The substitute judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge.  A substitute judge must meet the qualifications prescribed for the municipal judge.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 34, eff. Sept. 1, 1989.  Renumbered from Government Code Sec. 30.487 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00007 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.000085. Removal of Judge

Sec. 30.000085.  REMOVAL OF JUDGE.  A municipal judge of a general law municipality may be removed from office at any time for the reasons stated and by the procedure provided for the removal of members of a municipal governing body in Subchapter B, Chapter 21, Local Government Code.  A municipal judge of a home-rule municipality may be removed from office by the governing body for the reasons stated and by the procedures provided for the removal of judges in the charter of the municipality or, if the charter does not provide for the removal of judges, as provided by Section 1-a, Article V, Texas Constitution, or by the procedure provided for the removal of members of a municipal governing body in Subchapter B, Chapter 21, Local Government Code.
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 19, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00009. Clerk; Other Personnel

Sec. 30.00009.  CLERK;  OTHER PERSONNEL.  (a)  The governing body shall by ordinance provide for the appointment of a clerk of the municipal courts of record. The municipal clerk shall keep the records of the municipal courts of record, 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 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.
(b)  The governing body may provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the courts.
(c)  The clerk and other court personnel perform their duties under the direction and control of the presiding judge.
(d)  The governing body shall by ordinance provide for the hiring, direction, supervision, and removal of the personnel authorized in the annual budget for the clerk's office.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.488 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00008 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00010. Court Reporter

Sec. 30.00010.  COURT REPORTER.  (a)  The municipality shall provide a court reporter to preserve a record in cases tried before a municipal court of record. The court reporter must meet the qualifications provided by law for official court reporters.  The reporter shall be compensated by the municipality in the manner determined by the governing body.
(b)  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 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.
(c)  The court reporter is not required to record testimony in a case unless the judge or one of the parties requests a record.
(d)  Instead of providing a court reporter, the governing body may provide that the proceedings may be recorded by a good quality electronic recording device.  If the governing body authorizes the electronic recording, the court reporter is not required to be present to certify the reporter's record.  The recording shall be kept 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 an official court reporter.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.489 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00009 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 37 (S.B. 1014), Sec. 1, eff. May 9, 2005.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00011. Prosecutions

Text of section effective until January 01, 2025
Sec. 30.00011.  PROSECUTIONS.  All prosecutions in municipal courts of record shall be conducted as provided by Article 45.03, Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.490 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00010 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.056, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00011. Prosecutions

Text of section effective on January 01, 2025
Sec. 30.00011.  PROSECUTIONS.  All prosecutions in municipal courts of record shall be conducted as provided by Article 45A.005, Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.490 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00010 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.056, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00012. Court Facilities

Sec. 30.00012.  COURT FACILITIES.  The governing body shall provide courtrooms, jury rooms, offices, office furniture, libraries, law books, and other facilities and supplies that the governing body determines are necessary for the proper operation of the municipal courts of record.
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.000123. Location of Court Proceedings and Terms and Sessions of Court Following Certain Disasters

Sec. 30.000123.  LOCATION OF COURT PROCEEDINGS AND TERMS AND SESSIONS OF COURT FOLLOWING CERTAIN DISASTERS.  (a)  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a municipal court of record from conducting its proceedings at the location assigned for the proceedings, the presiding judge of the administrative judicial region, with the approval of the judge of the affected municipal court of record, may designate for the proceedings an alternate location:
(1)  in the corporate limits of the municipality; or
(2)  outside the corporate limits of the municipality at the location the presiding judge determines is closest in proximity to the municipality that allows the court to safely and practicably conduct its proceedings, provided the presiding judge of the administrative judicial region for the designated location approves if that presiding judge is not the presiding judge making the designation.
(b)  Notwithstanding any other law, if a disaster, as defined by Section 418.004, precludes a municipal court of record from holding its terms, the presiding judge of the administrative judicial region, with the approval of the judge of the affected municipal court of record, may designate the terms and sessions of court.
Added by Acts 2019, 86th Leg., R.S., Ch. 507 (S.B. 40), Sec. 14, eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.000125. Seal

Sec. 30.000125.  SEAL.  (a)  The governing body shall provide each municipal court of record with a seal.
(b)  The seal's appearance and use must substantially conform to Article 45.02, Code of Criminal Procedure, but must include the phrase "Municipal Court of/in __________, Texas."
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.000126. Complaint; Pleading

Sec. 30.000126.  COMPLAINT;  PLEADING.  Complaints and pleadings must substantially conform to the relevant provisions of Chapters 27 and 45, Code of Criminal Procedure.
Added by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00013. Jury

Sec. 30.00013.  JURY.
Text of subsection effective until January 01, 2025
(a)  Ordinances, rules, and procedures concerning a trial by a jury, including the summoning of jurors, must substantially conform to Chapter 45, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(a)  Ordinances, rules, and procedures concerning a trial by a jury, including the summoning of jurors, must substantially conform to Chapter 45A, Code of Criminal Procedure.
(b)  The presiding judge, the municipal court clerk, or the court administrator, as determined by ordinance, shall supervise the selection of persons for jury service.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.492 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00012 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.057, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00015. Appeal Bond

Sec. 30.00015.  APPEAL BOND.  (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 the 10th day 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 $100 or double the amount of the fines and costs adjudged against the defendant, whichever is greater.
(c)  The bond must:
(1)  state that the defendant was convicted in the case and has appealed;  and
(2)  be conditioned on the defendant's immediate and daily personal appearance in the court to which the appeal is taken.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.494 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00014 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00016. Record on Appeal

Sec. 30.00016.  RECORD ON APPEAL.  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 Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.495 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00015 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00017. Clerk's Record

Sec. 30.00017.  CLERK'S RECORD.  The clerk's record must substantially conform to the provisions relating to the preparation of a clerk's record in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.496 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00016 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 37 (S.B. 1014), Sec. 3, eff. May 9, 2005.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00018. Bills of Exception

Sec. 30.00018.  BILLS OF EXCEPTION.  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 Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.497 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00017 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 30 - Municipal Courts of Record › Subchapter A. General Law for Municipal Courts of Record › Section 30.00019. Reporter's Record

Sec. 30.00019.  REPORTER'S RECORD.  (a)  A reporter's record included in the record on appeal must substantially conform to the provisions relating to the preparation of a reporter's record in the Texas Rules of Appellate Procedure and the Code of Criminal Procedure.
(b)  The appellant shall pay for the reporter's record.
Added by Acts 1987, 70th Leg., ch. 811, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Government Code Sec. 30.498 by Acts 1997, 75th Leg., ch. 165, Sec. 8.02, eff. Sept. 1, 1997.  Renumbered from Sec. 30.00018 and amended by Acts 1999, 76th Leg., ch. 691, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 37 (S.B. 1014), Sec. 4, eff. May 9, 2005.