HomeMy WebLinkAboutOrdinance 996 Amending Chapter 30, Courts, Article II Municipal CourtTOWN OF WESTLAKE
ORDINANCE NO.996
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 30,
COURTS, ARTICLE II, MUNICIPAL COURT BY REPEALING SECTION 30-41,
AMENDING AND REPLACING DIVISION 2, REPEALING DIVISION 3, AND
AMENDING SECTIONS 30-38 & 30-40; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas ("Town"), is a general law municipality and
is authorized to enact regulations as necessary to protect the health, safety and welfare of the
public and, may enact ordinances relative to its citizens' health, safety, and welfare that are not
inconsistent with the Constitution and laws of the State; and
WHEREAS, the Town has created a Municipal Court of record, having concurrent
jurisdiction with the justice court in criminal cases that arise in the Town and that are punishable
by fine only; and
WHEREAS, Senate Bill 346 of the 86' Legislature ("SB 346") consolidated and
allocated criminal court costs contained in current law; and
WHEREAS, SB 346 has a preemptive effect on ordinances adopted prior to its effective
date of January 1, 2020; and
WHEREAS, the Town Council finds and determines that the fees and costs adopted by
this Ordinance are in compliance with the provisions and intent of SB 346, and are thus, revenue
neutral to the greatest extent possible; and
WHEREAS, all statutory and constitutional requirements for the passage of this
Ordinance have been adhered to, including but not limited to the Open Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 30, Courts, Article II, Municipal Court, is amended by
repealing Section 30-41.
SECTION 3: That Chapter 30, Courts, Article II, Municipal Court, Division 2 is
amended and replaced, which shall read as following:
DIVISION 2 — ALLOCATION OF COURT COSTS
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Sec. 30-56. — Municipal Court building security fund
(a) There is hereby created a Municipal Court Building Security Fund.
(b) The Municipal Court Building Fund consists of money allocated to the funds under
Texas Local Government Code Sections 134.103.
(c) The money deposited in the Municipal Court Building Security Fund may be used
to the extent permissible under state law.
Sec. 30-57 — Juvenile case manager; local truancy prevention and diversion fund
(a) The Municipal Court is authorized to employ one (1) or more juvenile case
managers who:
(1) shall assist the court in administering the court's juvenile docket and in
supervising its court orders in juvenile cases; and
(2) may provide prevention services to a child considered at -risk of entering
the juvenile justice system and intervention services to juveniles engaged in
misconduct prior to cases being filed, excluding traffic offenses.
(b) There is hereby created a local Truancy Prevention and Diversion Fund.
(c) The local Truancy Prevention and Diversion Fund consists of money allocated
to the funds under Texas Local Government Code Sections 134.103.
(d) A fund created under this section may be used to the extent permissible under
state law.
Sec. 30-58 — Municipal Court technology fund
(a) There is hereby created a Municipal Court Technology Fund.
(b) The Municipal Court Technology Fund consists of money allocated to the funds
under Texas Local Government Code Sections 134.103.
(c) The money deposited in the Municipal Court Technology Fund may be used to the
extent permissible under state law.
Sec. 30-59 — Municipal jury fund
(a) There is hereby created a Municipal Jury Fund.
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(b) The Municipal Jury Fund consists of money allocated to the funds under Texas Local
Government Code Sections 134.103.
(c) The money deposited in the Municipal Jury Fund may be used to the extent
permissible under state law.
SECTION 4: That Chapter 30, Courts, Section 30-38 is amended and replaced, which
shall read as follows:
Sec. 30-38. — Warrant fee reimbursement
The following reimbursement fees are hereby established and shall be imposed and collected
by the Town's Municipal Court of record no. 1 for a defendant convicted of a misdemeanor in
the following instances:
(1) When a defendant has been convicted in the Municipal Court of the Town, the
defendant shall pay the sum of $50.00 for the execution or processing of an issued arrest
warrant or capias by a peace officer. The reimbursement fee shall be assessed on
conviction regardless of whether the defendant was also arrested at the same time for
another offense, and shall be assessed for each arrest made of a defendant arising out of
the offense for which the defendant has been convicted.
(2) Proceeds collected hereunder shall be retained by the Town in accordance with law.
SECTION 5: That Chapter 30, Courts, Section 30-40 is amended and replaced, which
shall read as follows:
Sec. 30-40. — Credit card processing fee
The Municipal Court shall engage a third party payment processor which will charge a
nominal fee for processing a payment by credit/debit card used to pay outstanding fines, fees,
court costs, or other charges.
SECTION 6: That Chapter 30, Courts, Article II, Municipal Court, Division 3 is hereby
repealed.
SECTION 7: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 8: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
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competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 9: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 20t6 DAY OF MAY 2024.
ATTEST:
Dianna Buchanan Interim, Town Secretary
APPROVTO FORM:
L. S on 1,6WTown Attorney
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