MUNICIPAL COURT OF RECORD.

Dallas City Code ch. 13, art. II

in effect

Dallas City Code § 13-3 MUNICIPAL COURT OF RECORD; CREATED AND DESIGNATED; JURISDICTION; SESSION.

SEC. 13-3. MUNICIPAL COURT OF RECORD; CREATED AND DESIGNATED; JURISDICTION; SESSION. (a) In accordance with Section 1, Chapter VIII of the Dallas city charter and Chapter 30 of the Texas Government Code, there is hereby created a municipal court of record, which is divided into 16 divisions to be designated as Municipal Court of Record No. 1, Municipal Court of Record No. 2, Municipal Court of Record No. 3, Municipal Court of Record No. 4, Municipal Court of Record No. 5, Municipal Court of Record No. 6, Municipal Court of Record No. 7, Municipal Court of Record No. 8, Municipal Court of Record No. 9, Municipal Court of Record No. 10, Municipal Court of Record No. 11, Community Court No. 12, Community Court No. 13, Community Court No. 14, Community Court No. 15, and Community Court No. 16. (b) Each municipal court of record division shall have and exercise concurrent jurisdiction with the other municipal court of record divisions, the jurisdiction being that which is conferred upon all municipal courts and municipal courts of record by Chapter 30 of the Texas Government Code and other state law. (c) Jurisdiction under Subchapter B, Chapter 54, Texas Local Government Code. (1) In addition to the jurisdiction granted in Subsection (b) of this section and in accordance with Section 30.00005 of the Texas Government Code, each municipal court of record division has concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Texas Local Government Code, within the city’s territorial limits and property owned by the city located in the city’s extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances. (2) The municipal clerk is authorized to charge and collect fees and costs of court for litigation filed in municipal court pursuant to Subchapter B, Chapter 54 of the Texas Local Government Code. The fees and costs charged and collected will be the same as those authorized by law to be collected by a clerk of a county court. (3) Any party in a case filed under this subsection has the right to appeal the decision of the municipal court by filing a verified petition in state district court alleging error in the municipal court’s decision. The petition must be filed within 30 calendar days after the municipal court issues its ruling, or else the municipal court’s decision will become final. An appeal in state district court is limited to a hearing under the substantial evidence rule. (d) The municipal court of record divisions may be in concurrent and continuous session, either day or night. (Ord. Nos. 7429; 15603; 16661; 19802; 24763; 24946; 24978; 25496; 25927; 27438; 27706; 27823; 30769)

Dallas City Code § 13-4 OTHER TERMS AND LAWS APPLICABLE TO THE MUNICIPAL COURT OF RECORD.

SEC. 13-4. OTHER TERMS AND LAWS APPLICABLE TO THE MUNICIPAL COURT OF RECORD. (a) Wherever the term “corporation court” or “municipal court” is used in this code, it means “municipal court of record.” (b) Any provision of the city charter, city ordinances, or state law that is applicable to a municipal court will be applicable to the municipal court of record unless the provision is in conflict or inconsistent with Chapter 30 of the Texas Government Code, which governs the municipal court of record in the city of Dallas. (Ord. Nos. 7429; 15603; 14802; 19802; 24946)

Dallas City Code § 13-5 POWERS AND DUTIES OF MUNICIPAL JUDGES.

SEC. 13-5. POWERS AND DUTIES OF MUNICIPAL JUDGES. (a) A judge shall preside over each of the municipal court of record divisions. A judge appointed under Section 4, Chapter VIII of the city charter shall be known as a “municipal judge.” A judge appointed under Section 6, Chapter VIII of the city charter shall be known as an “associate municipal judge.” (b) A municipal judge shall: (1) hold a respective court within the city at a place designated by the city council; (2) follow all rules of procedure contained in the ordinances of the city and state law; (3) enter on the docket of the municipal court of record division over which the municipal judge presides, appropriate notations of the disposition of each case; (4) have authority to preside over any of the municipal court of record divisions, and may exchange benches with other municipal judges; and (5) have all other powers and duties assigned to a municipal judge by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law. (c) The administrative municipal judge of the municipal court of record shall: (1) provide for equal distribution of cases among the municipal court of record divisions and select so many bailiffs of the municipal court of record as are necessary; (2) have the power to transfer cases from one municipal court of record division to another and assign municipal judges to preside over the various divisions; (3) promulgate work rules for the administration of the municipal court of record; (4) provide at least one performance evaluation annually of each municipal judge; and (5) have all other powers and duties assigned to the administrative municipal judge by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law. (Ord. Nos. 7429; 15603; 18477; 18837; 19802; 20201; 21011; 22496; 24946)

Dallas City Code § 13-5.1 JUDICIAL NOMINATING COMMISSION CREATED.

SEC. 13-5.1. JUDICIAL NOMINATING COMMISSION CREATED. (a) There is hereby created the judicial nominating commission of the city, which shall be an advisory body of 16 members. Fifteen of the members will be appointed by the city council, with each city council member appointing one member of the commission. The sixteenth member of the commission will be the Dallas city attorney, who shall serve as an ex officio, voting member of the commission and who, for purposes of Section 13, Chapter XXIV of the city charter, shall be appointed by the full city council. The mayor shall appoint the chair of the commission, and the full city council shall appoint the vice-chair. (b) Each member of the commission shall be appointed for a two-year term beginning on October 1 of each odd-numbered year. All members shall serve until their successors are appointed and qualified. The term limits established for board and commission members in Section 8-1.5 of this code do not apply to the city attorney’s service on the commission. (c) A city of Dallas municipal judge shall serve as an ex officio, nonvoting member of the commission. (d) The commission must reflect, as nearly as practicable, the community served by the city. (e) The commission must meet at least once each quarter of the commission’s term and may hold additional meetings at the call of the chair. (f) No member of the judicial nominating commission may engage in the practice of law in or before the municipal courts of the city. (Ord. Nos. 21011; 21515; 21804; 24003; 27833; 29645; 33288)

Dallas City Code § 13-5.2 JUDICIAL NOMINATING COMMISSION DUTIES AND RESPONSIBILITIES; SELECTION OF MUNICIPAL JUDGES.

SEC. 13-5.2. JUDICIAL NOMINATING COMMISSION DUTIES AND RESPONSIBILITIES; SELECTION OF MUNICIPAL JUDGES. (a) The judicial nominating commission shall act as an advisory body to the city council and shall: (1) recommend nominees to serve as full- time and associate governmental judges; (2) make reports and recommendations to the city council ad hoc judicial nominations committee on the status of the selection process for municipal judges; (3) review and make recommendations to the city council ad hoc judicial nominations committee on the salary structure for municipal judges, including evaluating the feasibility of a merit pay plan; (4) make recommendations to the city council concerning the selection, removal, and pay of administrative law judges in accordance with Article XXVII, Chapter 2 of this code; and (5) perform other duties assigned by the city council. (b) The ad hoc judicial nominations committee of the city council shall provide to the judicial nominating commission minimum qualifications and evaluation guidelines for assessing applicants for a vacancy in the office of municipal judge and a time schedule for recommending nominees. The guidelines must include appropriate goals for achieving a reflection of the community served by the city within the municipal court of record. Each associate and full- time municipal judge, including the administrative municipal judge, shall reside in the city of Dallas within four months after the date of appointment and throughout his or her term as a municipal judge for the city of Dallas. (c) When there is a vacancy in the office of full- time or associate municipal judge (including a vacancy created by the expiration of a judge’s term), the director of human resources shall receive applications, which shall be forwarded to the judicial nominating commission through its chair. The commission shall review the applications and resumes, research applicant qualifications, and conduct interviews; except that if a vacancy occurs within 120 days after the appointment of any full-time or associate municipal judge, for which the commission conducted interviews, the commission is not required to conduct additional interviews but may, in its discretion, recommend nominees to fill the new vacancy from applicants who were interviewed for any municipal judge position that was filled within the preceding 120 days. The commission may also, by a two-thirds vote, waive the interview requirement for any person who has completed at least eight consecutive years of continuous service as a full-time municipal judge for the city when that person applies for a position as an associate municipal judge. If in the opinion of the commission, none of the applicants for a municipal judge position meets minimum qualifications established by the city council ad hoc judicial nominations committee, the commission may search for and interview additional applicants. (d) After deliberation, the judicial nominating commission shall recommend to the city council ad hoc judicial nominations committee a number of nominees equal to 150 percent of the number of vacancies in the office of full-time or associate municipal judge, rounded up to whole numbers. The nominees must be divided into two groups, one for full-time judges and one for associate judges, with the members of each group being ranked in the order of preference by the judicial nominating commission, with Number 1 being the highest ranking. If the number of applicants for all of the vacant municipal judge positions is less than the number of nominees required by this subsection to be recommended to the ad hoc judicial nominations committee, then the commission may, in its discretion, either recommend any persons who have applied or seek additional candidates. (e) Upon receiving the judicial nominating commission’s recommendation of nominees, the city council ad hoc judicial nominations committee may interview one or more of the nominees or other applicants interviewed by the commission. If not satisfied with any number of the nominees or other applicants interviewed by the commission, the ad hoc judicial nominations committee may request that the commission recommend a specified number of additional nominees to the committee. After deliberation, the ad hoc judicial nominations committee shall forward to the full city council a number of nominees equal to 150 percent of the number of vacancies in the office of full-time or associate municipal judge, rounded up to whole numbers. The nominees must be divided into two groups, one for full-time judges and one for associate judges, with the members of each group being ranked in the order of preference by the ad hoc judicial nominations committee, with Number 1 being the highest ranking. Rankings of the nominees by the judicial nominating commission must also be forwarded to the full city council. (f) Upon receiving the recommendation of nominees from the ad hoc judicial nominations committee, the city council shall select one nominee or other applicant interviewed by the ad hoc judicial nominations committee or the judicial nominating commission to fill each vacancy. Before making a selection, the city council may interview one or more of the nominees or other applicants interviewed by the ad hoc judicial nominations committee or the judicial nominating commission. If not satisfied with any number of these candidates, the city council may, in its discretion, fill whatever vacancies it desires and request that the judicial nominating commission recommend to the ad hoc judicial nominations committee a specified number of additional nominees for the unfilled vacancies. (g) When there is a vacancy in the office of the administrative municipal judge (including a vacancy created by the expiration of the judge’s term), the judicial nominating commission shall conduct interviews of all interested full-time municipal judges of the city of Dallas, and all interested applicants for vacant full-time municipal judge positions, for the office of administrative municipal judge. After deliberation, the commission shall recommend to the full city council three nominees for the office of administrative municipal judge ranked in the order of preference, with Number 1 being the highest ranking. The city council shall interview the nominees and select one as the administrative municipal judge, or, if not satisfied with any of the nominees, the city council may reject all and request that the judicial nominating commission repeat the nominating process. (h) The city manager shall provide staff to assist the judicial nominating commission in performing its duties and responsibilities. (i) Nothing in this section affects the holdover status of an incumbent municipal judge under applicable city, state, and federal laws. (Ord. Nos. 21011; 21515; 21804; 22321; 22612; 23124; 24946; 25518; 25655; 26093; 29394; 33288)

Dallas City Code § 13-6 BAILIFFS OF THE MUNICIPAL COURT OF RECORD.

SEC. 13-6. BAILIFFS OF THE MUNICIPAL COURT OF RECORD. (a) The bailiffs of the municipal court of record, under the direction and supervision of the administrative municipal judge, shall serve the municipal court of record. (b) The bailiffs shall: (1) be selected by the administrative municipal judge; (2) meet all qualifications necessary to be certified as peace officers by the Texas Commission on Law Enforcement Officer Standards and Education; and (3) be appointed and commissioned by the city marshal as deputy city marshals. (c) The administrative municipal judge or his designee shall supervise the activities of bailiffs and shall have the authority to impose disciplinary action in accordance with city personnel rules. If the administrative municipal judge terminates the employment of a bailiff, the city marshal shall remove the appointment and commission of the bailiff as a deputy city marshal. (d) Appeals from disciplinary actions taken by the administrative judge shall be to the city manager or his designee and then to the trial board in cases where that body has jurisdiction. If a bailiff whose employment has been terminated is reinstated during the appeal process, then the bailiff shall be reappointed as a bailiff by the administrative municipal judge and reappointed and recommissioned by the city marshal as a deputy city marshal. (Ord. Nos. 18477; 18837; 19802)

Dallas City Code § 13-7 DEPARTMENT OF DALLAS MUNICIPAL COURT CREATED; DIRECTOR.

SEC. 13-7. DEPARTMENT OF DALLAS MUNICIPAL COURT CREATED; DIRECTOR. There is hereby created the department of municipal court and detention services, the director of which shall be the clerk of the municipal court of record who shall be known as the municipal clerk. (Ord. Nos. 18477; 19802; 22669; 32557; 33233)

Dallas City Code § 13-8 DUTIES OF THE MUNICIPAL CLERK; COURT ADMINISTRATOR AND DIRECTOR; DEPUTY CLERKS.

SEC. 13-8. DUTIES OF THE MUNICIPAL CLERK; COURT ADMINISTRATOR AND DIRECTOR; DEPUTY CLERKS. (a) The municipal clerk, who also holds the position of court administrator and director of the department of Dallas municipal court, shall: (1) prepare and maintain accurate dockets and minutes for each municipal court of record division created under this article; (2) have custody of all documents and papers relating to the business of the municipal court of record divisions; (3) supervise the collection of fines imposed by the municipal court of record; (4) maintain complaints for all cases in the municipal court of record for which a complaint is required by law; (5) supervise the administration of arrest warrants; and (6) have all other powers and duties assigned to the municipal clerk by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law. (b) The municipal clerk may appoint deputy clerks who, when acting under the municipal clerk’s direction, shall have the authority to perform all acts required of the municipal clerk by the city charter, city ordinances, or state law. (Code 1941, Art. 28-1; Ord. Nos. 8215; 15603; 17029; 18477; 19802; 22669; 24946; 30994; 32557)

Dallas City Code § 13-9 OFFICE OF THE CITY MARSHAL.

SEC. 13-9. OFFICE OF THE CITY MARSHAL. There is hereby created the office of the city marshal, to be filled by a qualified person appointed by the municipal clerk. The city marshal shall appoint such deputies as are authorized from time to time. The city marshal and his or her deputies shall meet all qualifications necessary to be certified as peace officers by the Texas Commission on Law Enforcement. (Ord. No. 33233)

Dallas City Code § 13-10 DUTIES OF THE CITY MARSHAL.

SEC. 13-10. DUTIES OF THE CITY MARSHAL. The city marshal and his or her deputies, acting under the direction of the municipal court, shall perform the following duties: (1) execute warrants of arrest, subpoenas, and other legal process issuing out of the municipal court of record; (2) execute other warrants of arrest, subpoenas, and legal process as determined by the municipal clerk; (3) enforce state laws and the Dallas City Code; (4) manage and operate the city detention center and sobering center; (5) manage the Dallas Security Services Division, security technology and security badging unit for protection of employees, citizens, and property at facilities that are owned, occupied, or managed by the city to ensure safety, orderly, and lawful conduct on those premises, except as otherwise provided by the city manager, city charter, or ordinance of the city council; and (6) perform such other duties as may be required by the city manager or ordinance of city council. (Ord. No. 33233)

Dallas City Code § 13-11 CITY MARSHAL’S AUTHORITY; ELIGIBILITY FOR PENSION.

SEC. 13-11. CITY MARSHAL’S AUTHORITY; ELIGIBILITY FOR PENSION. (a) The city marshal and his or her deputies shall serve as peace officers and have full police authority in the exercise of their assigned duties. (b) The city marshal and his or her deputies are not members of the police department of the city and are not eligible for membership in the Firemen, Policemen and Fire Alarm Operators Pension Fund; however, they are eligible for membership in the employee’s retirement fund of the city. The city marshal and his or her deputies are paid law enforcement officers for the purpose of qualifying for survivors’ assistance benefits under the provisions of Article 6228f, Vernon’s Texas Civil Statutes. (Ord. No. 33233)

Dallas City Code § 13-12 FIDELITY BONDS.

SEC. 13-12. FIDELITY BONDS. The municipal clerk and all of his assistants having responsibilities for collection of fines shall execute fidelity bonds in favor of the city in an amount prescribed by the city council. The premium of the bond shall be paid by the city. (Ord. Nos. 15603; 17029; 19802)

Dallas City Code § 13-13 COLLECTION OF FINES.

SEC. 13-13. COLLECTION OF FINES. (a) If a person to whom a citation has been issued for a traffic, ordinance, or misdemeanor violation desires to plead guilty and pay a fine set by the municipal judge for the violation charged, the municipal clerk shall collect the amount set by the municipal court judge for that violation. (b) If a person to whom a citation has been issued for a traffic, ordinance, or misdemeanor violation does not plead guilty and pay a fine, the municipal clerk shall cause the case to be docketed for trial. If the person is found guilty of the violation, is assessed a fine by the municipal judge, and desires to pay the fine assessed, the municipal clerk shall collect the fine assessed. (c) The municipal clerk is responsible for full and proper accounting of all fines collected. He shall issue a receipt to a person who pays a fine with cash money. (Code 1941, Art. 28-2; Ord. Nos. 8215; 17029; 19802)

Dallas City Code § 13-14 MINUTES OF THE MUNICIPAL COURT OF RECORD.

SEC. 13-14. MINUTES OF THE MUNICIPAL COURT OF RECORD. The municipal clerk shall maintain a record comprising the minutes of proceedings before each municipal court of record division for five years. The minutes shall contain the following: (1) all entries required under Section 13-5(b)(3) of this chapter; (2) the date of appeal in all cases appealed from the municipal court of record to the county court of criminal appeals; (3) the date or dates of confinement in all cases where a fine is served; and (4) the number of the receipt of payment in all cases where a fine is paid. (Code 1941, Art. 28-1; Ord. Nos. 8215; 15603; 19181; 19802)

Dallas City Code § 13-15 DISPOSITION OF COURT RECORDS.

SEC. 13-15. DISPOSITION OF COURT RECORDS. (a) It shall be the duty of the municipal clerk to preserve the records of the municipal court of record in accordance with a record retention schedule adopted by the city council and maintained on file in the city secretary’s office. (b) Municipal court of record dockets, minutes, warrants, complaints, bond copies, motions, and citations may be reduced to a microphotograph, microfilm, or other process by which the original records may be accurately copied, reproduced, or originated on film, if the following conditions are met: (1) The municipal clerk, or his designated representative, must check and certify that each microfilm record is a true and correct duplication of the original court record. (2) An index to all microfilm records must be prepared and maintained. (3) The public must have free access to any information, to which they are entitled under law, that is contained in the microfilm records. (c) A microfilm record made in compliance with Subsection (b) is an original record and will be accepted by any court or administrative agency of the state. When issued and certified by the municipal clerk, a copy of the microfilm record on paper or film will be accepted as a certified copy of an original record by any court or administrative agency of the state. (d) Unless otherwise required by state or federal law, an original record of the municipal court of record that is microfilmed in compliance with Subsection (b) may be destroyed after the microfilm record has been checked and certified as being a true and correct duplication of the original court record in accordance with Subsection (b)(1); except, that any original court record, the subject matter of which is in litigation, may not be destroyed until the litigation is final. (e) Unless otherwise required by state or federal law, a microfilm record made in compliance with Subsection (b) may be destroyed in accordance with the record retention schedule adopted for the municipal court of record and maintained on file in the city secretary’s office. (Code 1941, Art. 28-5; Ord. Nos. 8215; 19181; 19802)

Dallas City Code § 13-16 RECORDING OF PROCEEDINGS; FEES.

SEC. 13-16. RECORDING OF PROCEEDINGS; FEES. (a) The municipal court of record shall comply with the recording procedures set forth in Chapter 30 of the Texas Government Code. (b) Upon request of the municipal judge or upon written request of one of the parties to a trial, proceedings of the municipal court of record, limited to trial testimony and motions before the court, shall be recorded. The proceedings shall primarily be recorded electronically, but may be recorded by a qualified court reporter. The defendant may, at his expense, have a court reporter present in the courtroom during the proceedings. (c) The recording of municipal court of record proceedings shall be kept and stored for not less than 20 days beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. The proceedings that are appealed shall be transcribed from the recording by a court reporter or other person authorized to transcribe the court of record proceedings. The court reporter or other person transcribing the recorded proceedings is not required to have been present at the proceedings when they were recorded. (d) The defendant shall pay for any transcription of the recorded proceedings unless the court finds, after a hearing in response to an affidavit by the defendant, that the defendant is unable to pay or give security for the transcription. (e) Before the recorded proceedings are transcribed, the defendant shall, unless found by the court to be unable to pay for the transcription, post a cash deposit with the municipal clerk for the estimated cost of the transcription. The cash deposit shall be based on the length of the proceedings, as indicated by the amount of tape used to electronically record the proceedings, and the costs of court reporter, typing, and other incidental services. The municipal clerk shall post a current schedule of charges for transcription fees, including deposits. If the cash deposit exceeds the actual cost of the transcription, the municipal clerk shall refund the difference to the defendant. If the cash deposit is insufficient to cover the actual cost of the transcription, the defendant must pay the additional amount before he is given the transcription. If a case is reversed on appeal, the municipal clerk shall refund to the defendant any amounts paid for a transcription. (Ord. Nos. 19802; 24946)

Dallas City Code § 13-17 APPEALS FROM THE MUNICIPAL COURT OF RECORD.

SEC. 13-17. APPEALS FROM THE MUNICIPAL COURT OF RECORD. A defendant who pleads not guilty has the right of appeal from a judgment of conviction in the municipal court of record under the procedures prescribed by Chapter 30 of the Texas Government Code. A defendant who pleads guilty or nolo contendere waives the right of appeal from a judgment in the municipal court of record. An appeal from the municipal court of record may not be by trial de novo. All appeals from the municipal court of record must comply with the requirements and procedures set forth in Chapter 30 of the Texas Government Code and other applicable law. (Ord. Nos. 19802; 24946)

Dallas City Code § 13-18 RECORD OF CASE ON APPEAL.

SEC. 13-18. RECORD OF CASE ON APPEAL. If a case is appealed from the municipal court of record to the county criminal court, or other court to which an appeal may be made, the municipal clerk shall cause a record of the case to be prepared from the transcript and the statement of facts, which must conform to the requirements of Chapter 30 of the Texas Government Code. After approval of the record by the municipal judge, the municipal clerk shall deliver the record and the appeal bond in the case to the county clerk, or deputy county clerk, authorized by law to receive such appeals. The municipal clerk shall procure from the county clerk or deputy county clerk a receipt showing that the appeal in the particular case was received. A full copy of the record on appeal must be kept in the office of the municipal clerk. (Code 1941, Art. 28-3; Ord. Nos. 8215; 19802; 24946; 31395, eff. 1/1/20)

Dallas City Code § 13-19 RESERVED. (Repealed by Ord. 24978)

Dallas City Code § 13-20 FORM OF APPEARANCE BONDS.

SEC. 13-20. FORM OF APPEARANCE BONDS. Appearance bond forms, approved by any municipal judge, shall be printed and retained in the office of the city jail, available without charge for use of anyone desiring to submit an appearance bond and being released from jail pending his appearance in the municipal court of record. Appearance bond forms shall also be retained in the office of the municipal clerk, available without charge for use of anyone desiring to submit an appearance bond in order to have an alias case redocketed for trial. Each form of bond must be filled out showing the signature of the official before whom the bond is executed, the face amount of the bond, the names and addresses of the principal and sureties, and the date. Any other bond approved by a municipal judge, or pursuant to any order by a municipal judge complying with state law, may be accepted in lieu of bonds printed on the approved form provided for in this section. (Code 1941, Art. 28-6; Ord. Nos. 8215; 19802)

Dallas City Code § 13-21 DELIVERY OF APPEARANCE BONDS TO MUNICIPAL CLERK; DESTRUCTION OF CERTAIN RECORDS.

SEC. 13-21. DELIVERY OF APPEARANCE BONDS TO MUNICIPAL CLERK; DESTRUCTION OF CERTAIN RECORDS. Within 24 hours after acceptance by the office of the city jail, each appearance bond shall be delivered to and retained by the municipal clerk, such bonds to be a part of the records of the municipal court of record. The municipal court of record may at any time order the destruction of any of these records; provided, that no records shall be destroyed which pertain to any case not yet disposed of or which has been disposed of within less than 12 months. (Code 1941, Art. 28-7; Ord. Nos. 8215; 19802)

Dallas City Code § 13-22 ALTERNATIVE METHODS FOR PAYMENT OF FINES; IMPRISONMENT FOR DEFAULT IN PAYMENTS.

SEC. 13-22. ALTERNATIVE METHODS FOR PAYMENT OF FINES; IMPRISONMENT FOR DEFAULT IN PAYMENTS. When a defendant is convicted of any offense over which the municipal court of record has jurisdiction, a judgment that the defendant pay a fine may also direct that payment of the fine be made within a limited time or in installments on specified dates and that, on default of payment as stipulated, the defendant shall be imprisoned until the fine is satisfied in full. Unless such direction is given in the judgment, the fine is payable immediately. Any judgment providing for an installment payment must be in writing, with a copy being given to the defendant and a copy being signed by the defendant acknowledging his receipt of the copy. It is expressly provided that if the defendant has duly posted an appearance bond, appeal bond, or cash escrow deposit, he shall remain free pending further disposition of his case. (Code 1941, Art. 28-8; Ord. Nos. 8215, 13216; 19802)

Dallas City Code § 13-23 APPEAL BONDS.

SEC. 13-23. APPEAL BONDS. (a) Forms of bonds of appeal of any cause from the municipal court of record, approved by any municipal judge, shall be printed and retained in the office of the municipal clerk and made available without charge to any person desiring to appeal from any order of the municipal court of record. Any other appeal bond approved by a municipal judge and complying with the state statutes with reference to appeal bonds may be accepted by a municipal judge in lieu of bonds printed on the approved form provided for in this subsection. (b) An appeal bond must be in the amount of $50 or double the amount of the fines and costs adjudged against a defendant, whichever is greater. An appeal bond must: (1) state that the defendant was convicted in the case and has appealed; and (2) be conditioned on the defendant’s appearance, upon notice, in the court to which the appeal is taken. (Code 1941, Art. 28-9; Ord. Nos. 8215; 19802)

Dallas City Code § 13-24 RECOGNIZANCE BEFORE TRIAL.

SEC. 13-24. RECOGNIZANCE BEFORE TRIAL. (a) A person in the city jail charged with violating a provision of this code or other city ordinance may be discharged from the jail on his own recognizance if he executes a recognizance agreement on a form provided for that purpose and delivers it and an escrow deposit to the municipal clerk. The escrow deposit must be an amount of cash equal to that amount set by the municipal judges for the offense charged. The municipal clerk shall perform this duty subject to the direction of the city manager. (b) Recognizance agreement forms shall be kept in the offices of the city jail and the municipal court of record. These forms shall be serially numbered in triplicate so that the agreements may be prepared with an original (which within 24 hours after its acceptance shall be delivered to the municipal clerk, together with the jail arrest card prepared in the case), a duplicate (which may be delivered to the person charged), and a triplicate (which shall be delivered to the municipal clerk together with the escrow deposit accepted with the agreement). A recognizance agreement must include: (1) a description of the offense with which the person has been charged; (2) the agreement of the person charged to appear in the municipal court of record before a municipal judge on a certain date and hour; and (3) a statement that upon failure of the person executing the agreement to appear before the municipal judge, or to cause someone on his behalf to appear, the amount, or any part of the amount, paid as an escrow deposit in lieu of an appearance bond may on default be assessed as a fine against the person and the escrow deposit applied as payment of the fine. (c) A person who makes an escrow deposit when executing a recognizance agreement shall be entitled to a return of his deposit if he: (1) at any time, in lieu of the deposit, submits an appearance bond that is found sufficient by a municipal judge; (2) complies with the terms of the agreement and, at a hearing before a municipal judge, is acquitted or the proceedings dismissed; or (3) after complying with the terms of the agreement and being fined, pays the fine or executes an appeal bond that is approved and filed; otherwise, as the recognizance agreement shall provide, the amount of the escrow deposit shall be applied to the payment of the fine and all costs in the case, with any balance to be returned to the person. (Code 1941, Art. 28-10; Ord. Nos. 8215; 15279; 17029; 19802)

Dallas City Code § 13-25 RETURN OF DEPOSITS MADE WITH RECOGNIZANCE AGREEMENTS.

SEC. 13-25. RETURN OF DEPOSITS MADE WITH RECOGNIZANCE AGREEMENTS. If any sum is returnable to a person who has made an escrow deposit with the execution of a recognizance agreement, it shall be returned by the municipal clerk who shall obtain an appropriate receipt from the person. (Code 1941, Art. 28-11; Ord. Nos. 8215; 17029; 19802)

Dallas City Code § 13-26 CITY OFFICIALS OR EMPLOYEES NOT TO RECOMMEND ATTORNEYS OR SURETIES.

SEC. 13-26. CITY OFFICIALS OR EMPLOYEES NOT TO RECOMMEND ATTORNEYS OR SURETIES. No appointive official of the city or employee of the city in any capacity may recommend to any person charged with a violation of any provision of this code or other city ordinance a lawyer for representing the person in the matter or a person for serving as surety on any bond for the person in the matter. The penalty for a violation of this section by an official or employee of the city, in addition to any other penalty which may be now or hereafter provided for, shall include, at the option of the appointive power and after a determination that a violation of this section has occurred, immediate discharge of the official or employee in the manner provided for in the city personnel rules. (Code 1941, Art. 28-12; Ord. Nos. 8215; 19802)

Dallas City Code § 13-27 TRAFFIC CITATIONS AND COMPLAINTS TO BE DELIVERED TO THE MUNICIPAL CLERK.

SEC. 13-27. TRAFFIC CITATIONS AND COMPLAINTS TO BE DELIVERED TO THE MUNICIPAL CLERK. The chief of police and the directors of other city departments authorized to issue citations to the municipal court of record shall deliver to the municipal clerk, at least once every 24 hours, the court copy of every citation issued by the department. (Code 1941, Art. 28-14; Ord. Nos. 8215; 15279; 17029; 19802)

Dallas City Code § 13-28 VIOLATION OF PROMISE TO APPEAR.

SEC. 13-28. VIOLATION OF PROMISE TO APPEAR. (a) A person lawfully released from custody, whether by posting of bond or by signing a written notice to appear, on condition that he subsequently appear in the municipal court of record, commits an offense if he fails to appear in the municipal court of record in accordance with the terms of his release. (b) The requirement for appearance in the municipal court of record is met if counsel appears on behalf of a person required to appear. (c) For purposes of this section, “custody” means an arrest or a detention for purposes of issuing a written citation by a police officer or by a person authorized to issue citations under Section 13-1.1 of this chapter. (d) An offense committed under this section is punishable by a fine of not less than $50 nor more than $500. (Ord. Nos. 17030; 17226; 19802)

Dallas City Code § 13-28.1 LOCAL CONSOLIDATED FEE.

SEC. 13-28.1. LOCAL CONSOLIDATED FEE. (a) Pursuant to Chapter 134 of the Texas Local Government Code, as amended, the municipal clerk shall collect a local consolidated fee of $14 for each misdemeanor offense conviction, in addition to any other fines, penalties, or court costs required by city ordinance or state or federal law. (b) The local consolidated fee collected under this section must be deposited and allocated in accordance with Section 134.103(b) of the Texas Local Government Code as follows: (1) Municipal court building security fund. Funds may only be used for security personnel services, and items related to buildings that house the operation of municipal court. A non-exhaustive list of potential uses included in Article 102.017(c) of the Texas Code of Criminal Procedure. (2) Local truancy prevention and diversion fund. Per Section 134.156 of the Texas Local Government Code, funds may only be used to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of juvenile case manager. Funds may not be used to supplement the income of an employee whose primary role is not as a juvenile case manager. (3) Municipal court technology fund. Fund may only be used to finance the purchase of or to maintain technological enhancements for a municipal court. A non-exhaustive list of potential uses is included in Article 102.0172(b) of the Texas Code of Criminal Procedure. (4) Municipal jury fund. Per Section 134.154 of the Texas Local Government Code, funds may only be used for juror reimbursement and to otherwise fund finance jury services. (Ord. Nos. 22669; 23263; 31395; 32003)

Dallas City Code § 13-28.2 RESERVED. (Repealed by Ord. No. 31395)

Dallas City Code § 13-28.3 REIMBURSEMENT FEE FOR CERTAIN PAYMENTS THROUGH THE INTERNET OR AN INTERACTIVE VOICE RESPONSE TELEPHONE SYSTEM.

SEC. 13-28.3. REIMBURSEMENT FEE FOR CERTAIN PAYMENTS THROUGH THE INTERNET OR AN INTERACTIVE VOICE RESPONSE TELEPHONE SYSTEM. (a) Pursuant to Chapter 132 of the Texas Local Government Code, as amended, the municipal clerk may collect a reimbursement fee up to an amount not to exceed five percent of the amount of the fee, fine, court cost, or other charge being paid for each payment of fines, penalties, court costs, or other fees assessed by the municipal court made through: (1) the internet, when the payment is made by check, debit card, or credit card; or (2) an interactive voice response telephone system, when the payment is made by credit card. (b) The reimbursement fee collected under this section must be deposited in the general fund of the city or the municipality must approve any fee charged by a vendor under a contract authorized to provide services through the internet. (Ord. Nos. 27362; 28423; 29149; 31395; 32003)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-139657Fetched: 10/26/2026