§ 2-617. Municipal court fees.

(a)

Building security fee.

(1)

A defendant convicted of a misdemeanor offense in the municipal court shall pay a security fee of $3.00 as a court cost.

(2)

A person shall be 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.

(3)

The clerk of the municipal court shall collect the costs and pay them to the city treasurer for deposit in a fund to be known as the municipal court building security fund.

(4)

The municipal court building security fund is established by and shall be administered by and under the direction of the city council.

(b)

Juvenile case manager fee.

(1)

A defendant convicted of a fine-only misdemeanor offense in the municipal court shall pay a juvenile case manager fee of $5.00 as a court cost.

(2)

A person shall be considered convicted if:

a.

A sentence is imposed on the person;

b.

The person receives deferred disposition, including deferred proceedings under Vernon's Ann. C.C.P. art. 45.052 or 45.053; or

c.

The person receives deferred adjudication in county court.

(3)

The judge is hereby authorized to waive the fee imposed in subsection (b)(1) of this section in the case of a financial hardship.

(4)

The clerk of the municipal court shall collect the costs and pay them to the city treasurer for deposit in a fund to be known as the juvenile case manager fund.

(5)

The juvenile case manager fund is established by and shall be administered by and under the direction of the city council.

(c)

Administrative fee for denial of renewal of license for failure to appear.

(1)

Subject to subsection (c)(3), a person who fails to appear for a complaint or citation for an offense described by V.T.C.A., Transportation Code § 706.002(a) shall pay an administrative fee of $30.00 for each complaint or citation reported to the state department of public safety pursuant to V.T.C.A., Transportation Code ch. 706, unless the person is acquitted of the charges for which the person failed to appear. The person shall pay the fee when:

a.

The municipal court enters judgment on the underlying offense reported to the state department of public safety;

b.

The underlying offense is dismissed; or

c.

Bond or other security is posted to reinstate the charge for which the warrant was issued.

(2)

Subject to subsection (c)(3), a person who fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner the municipal court orders shall be required to pay an administrative fee of $30.00.

(3)

Before an administrative fee as prescribed in subsection (c)(1) or (c)(2) may be assessed for a violation of a traffic law in the city, the person shall be issued a written warning in accordance with V.T.C.A, Transportation Code § 706.003. A "traffic law" as used herein shall mean a statute or ordinance, a violation of which is a misdemeanor punishable by a fine in an amount not to exceed $1,000.00, that:

a.

Regulates an operator's conduct or condition while operating a motor vehicle on a highway or street or in a public place;

b.

Regulates the condition of a motor vehicle while it is being operated on a highway or street;

c.

Relates to the driver's license status of an operator while operating a motor vehicle on a highway or street; or

d.

Relates to the registration status of a motor vehicle while it is being operated on a highway or street.

(4)

The clerk of the municipal court shall collect the administrative fees authorized in this subsection (c) and deposit the fees in the municipal treasury. Disbursements of such fees shall be made in accordance with V.T.C.A, Transportation Code ch. 706.

(Ord. No. 7380, §§ 1—4, 8-24-95; Ord. No. 11,944, § 1, 5-24-12; Ord. No. 12,159, § 1, 1-10-13)

Editor's note

Section 1 of Ord. No. 12,159, adopted Jan. 10, 2013, changed the title of § 2-617 from "Municipal court costs—Building security fee and juvenile case manager fee" to "Municipal court fees."

State law reference

Building security fee authorized, Vernon's Ann. C.C.P. art. 102.017.