Chapter 7: Municipal Court
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 7.01
GENERAL PROVISIONS
§ 7.01.001 Established.
The city council hereby establishes the municipal court, which shall be operated in accordance with
the constitution and laws of the state.
(Ordinance 109, sec. 1, adopted 5/4/99)
§ 7.01.002 Jurisdiction.
(a) The municipal court shall have exclusive original jurisdiction within the territorial limits of the
city in all criminal cases that:
(1) Arise under the ordinances of the municipality; and
(2) Are punishable by a fine not to exceed:
(A) $2,000.00 in all cases arising under municipal ordinances that govern fire safety,
zoning, or public health and sanitation, including dumping of refuse; or
(B) $500.00 in all other cases arising under a municipal ordinance.
(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:
(1) Arise within the territorial limits of the municipality and are punishable only by a fine, as
defined in subsection (c) of this section; 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.
(Ordinance 109, sec. 2, adopted 5/4/99)
§ 7.01.003 Judge and alternate judges.
(a) The municipal court judge and any alternates shall be appointed by the city council.
(b) A person appointed to the position of municipal court judge or alternate municipal court judge
must have at least one year of experience as a judge, municipal or otherwise, or be an attorney
licensed to practice in the state, having at least two years’ experience practicing law in the state.
(Ordinance 184 adopted 3/29/04)
§ 7.01.004 Court clerk.
Pursuant to section 29.010 of the Government Code, the city secretary shall serve as the municipal
court clerk until this chapter is amended to provide for the appointment and qualification of a court
clerk.
(Ordinance 109, sec. 4, adopted 5/4/99)
§ 7.01.005 Prosecuting attorney.
The city attorney shall serve as the prosecuting attorney until this chapter is amended to provide for the
appointment and qualification of a prosecuting attorney.
(Ordinance 109, sec. 5, adopted 5/4/99)
ARTICLE 7.02
FINES, COSTS AND SPECIAL EXPENSES
§ 7.02.001 Effect of remission of fine.
(a) A remission of a fine or penalty or part of a fine or penalty by the city council pursuant to section
54.003 of chapter 54 of the Texas Local Government Code shall not affect a conviction rendered
by the municipal court.
(b) A remission of a fine or penalty or part of a fine or penalty by the city council pursuant to section
54.003 of chapter 54 of the Texas Local Government Code shall not affect any court costs or fees
accompanying a conviction, and such court costs and fees must still be paid by the convicted
person.
(Ordinance 186 adopted 4/6/04)
§ 7.02.002 Technology fund.
(a) Established.
(1) Pursuant to article 102.0172 of the Texas Code of Criminal Procedure, as amended, there is
hereby created and established a municipal court technology fund, hereinafter known as the
“fund.”
(2) The fund shall be administered by or under the direction of the city council.
(b) Amount of fee; assessment and collection.
(1) The fee shall be in the amount of four dollars ($4.00).
(2) The fee shall be assessed and collected from the defendant upon conviction for a
misdemeanor offense in the municipal court as a cost of court. A defendant is considered
convicted if:
(A) A sentence is imposed on the person;
(B) The person is placed on community supervision, including deferred adjudication
community supervision; or
(C) The court defers final disposition of the person’s case.
(3) Each defendant convicted of an offense in the municipal court shall pay the fee in addition
to any other fines, penalties, or court costs required by city ordinance or state or federal law.
A separate fee must be paid for each separate conviction.
(4) The clerk of the court shall collect the fee and pay the fee to the municipal treasurer or other
official who discharges or performs the duties of the treasurer of the city, who shall deposit
the fee into the fund.
(c) Designated use of fund.The fund shall be used only to finance the purchase of technological
enhancements for the municipal court of the city those items as specified in V.T.C.A., Code of
Criminal Procedure, article 102.0172, as amended.
(Ordinance 155 adopted 4/22/02; Ordinance adopting Code)
§ 7.02.003 Building security fund.
(a) Established; designated uses.Pursuant to article 102.017 of the Texas Code of Criminal
Procedure, there is hereby established a municipal court building security fund to be used only
to finance those items as specified in V.T.C.A., Code of Criminal Procedure, article 102.017
when such items are used for the purpose of providing security services for buildings housing a
municipal court.
(b) Amount of fee; assessment and collection.
(1) Each defendant convicted of a misdemeanor offense in the municipal court of the city shall
pay a three dollar ($3.00) security fee as a cost of court. A person is considered convicted
if:
(A) A sentence is imposed on the person;
(B) The person receives community supervision, including deferred adjudication; or
(C) The court defers final disposition of the person’s case.
(2) Each defendant so convicted shall pay the fee in addition to any other fines, penalties, or
court costs required by city ordinance or state or federal law. A separate fee must be paid
for each separate conviction.
(3) The clerk of the municipal court shall collect the costs and pay them to the municipal
treasurer or other official who discharges or performs the duties of the treasurer of the city,
who shall deposit the fee into the municipal court building security fund.
(c) Administration.The municipal court building security fund shall be administered by or under the
direction of the city council.
(Ordinance 156 adopted 4/22/02; Ordinance adopting Code)
LOWRY CROSSING CODE
OFFENSES AND NUISANCES