Houston Code of Ordinances § 16-41 Generally.
Sec. 16-41. - Generally.
State law shall govern the procedure, practice and administration of the municipal courts in the city.
(Ord. No. 00-325, § 1, 4-26-00)
PRACTICE AND PROCEDURE
Houston Code of Ordinances ch. 16, art. III
in effectHouston Code of Ordinances § 16-42 Terms and business hours; setting trial time.
Sec. 16-42. - Terms and business hours; setting trial time.
The municipal courts shall hold no terms and shall be at all times open for the transaction of business.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-43 Representation of defendants by counsel; informing defendants of rights.
Sec. 16-43. - Representation of defendants by counsel; informing defendants of rights.
(a) All defendants in municipal courts are entitled to be represented by counsel and the judges of each respective municipal court shall so instruct each defendant prior to any plea in the case. If requested, the judge shall grant a reasonable continuance to allow the defendant to retain counsel.
(b) If the defendant is charged with an offense involving moral turpitude or if the defendant is a juvenile charged with a non-traffic offense, the court shall, prior to any plea in the case, inform the defendant of the accusation against him, of the right to be represented by counsel and of the right to have counsel appointed if the defendant is indigent and financially unable to employ counsel.
(c) If the court determines that a defendant charged with an offense involving moral turpitude is indigent, the court shall appoint counsel to represent the defendant. In cases where a juvenile is charged with a non-traffic offense, if the court determines that the juvenile is indigent, that it is in the best interest of the juvenile, and that it is in the interest of justice to do so, the court shall appoint counsel to represent the juvenile defendant. Indigency is to be determined by the court. The defendant shall file an oath or affirmation of indigency under the penalties of perjury stating that he is financially unable to employ counsel. For a juvenile defendant, the court may, in the interest of justice, require a parent or guardian to join the aforesaid oath or affirmation. The court may appoint counsel on the basis of that oath or may hold a separate hearing to determine the defendant's financial ability to pay.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-44 Compensation of court-appointed counsel.
Sec. 16-44. - Compensation of court-appointed counsel.
(a) A counsel appointed to defend a person charged with an offense involving moral turpitude or appointed to defend a juvenile charged in a non-traffic offense shall be paid according to the following schedule:
(1) For each appearance in the municipal courts representing the accused, a reasonable fee to be set by the court of not less than $50.00 nor more than $100.00.
(2) For the representation of an accused during a trial by jury in the municipal courts, a reasonable fee to be set by the court of not less than $100.00 nor more than $150.00.
(3) For the prosecution to a final conclusion of a bona fide appeal from the municipal courts to the county court, a reasonable fee to be set by the court of not less than $100.00 nor more than $150.00.
(b) The minimum fee will be automatically allowed unless the municipal judge who appointed counsel orders a higher fee within five days of the attorney's appearance.
(c) An attorney may not receive more than one fee for each one half day in court, regardless of the number of cases in which he appears as appointed counsel on the same day.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-45 City employee not to represent defendant.
Sec. 16-45. - City employee not to represent defendant.
It shall be unlawful for any person who receives a salary from the city to be in any way, directly or indirectly, interested in the defense representation of any person charged with the violation of any ordinance of the city or of any of the criminal laws of the state, except so far as may be necessary to give evidence in behalf of persons so charged with violating any of said ordinances or criminal laws.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-46 Docket.
Sec. 16-46. - Docket.
The clerk of the municipal courts, under the direction of the presiding judge, shall keep a docket in which he shall enter the proceedings in each trial, which docket shall show:
(1) The style of the action.
(2) The nature of the offense charged.
(3) The date the warrant was issued and the return made thereon.
(4) All pleas, written motions and orders of the court.
(5) The jury charge and verdict, if the trial is by jury.
(6) The judgment of the court.
(7) Motion for new trial, if any, and the decision thereon.
(8) If an appeal was taken.
(9) The time when, and the manner in which the judgment was enforced.
(Ord. No. 00-325, § 1, 4-26-00; Ord. No. 2010-740, § 2, 9-22-2010)
Houston Code of Ordinances § 16-47 Failure of defendant to appear at trial.
Sec. 16-47. - Failure of defendant to appear at trial.
It shall be unlawful for any person knowingly to fail to appear for the arraignment or trial of any charge against the person pending in the municipal courts of the city.
(Ord. No. 00-325, § 1, 4-26-00; Ord. No. 2011-995, § 2, 11-16-2011)
Houston Code of Ordinances § 16-48 Plea by defendant.
Sec. 16-48. - Plea by defendant.
(a) The charge shall be read to the defendant, who shall plead thereto, and the plea shall be entered upon his docket by the judge of one of the municipal courts. All pleas must be made to the judge by the defendant or his legal representative.
(b) No plea of guilty shall be accepted except by the judge of one of the municipal courts. Should the defendant plead guilty before the municipal court, the judge thereof shall thereupon enter the plea on the judge's docket and assess a fine and costs as may be authorized by law. If a plea of not guilty shall be entered to the complaint, a trial shall be had, either by the court or by a jury, as the defendant may elect.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-49 Jury fees.
Sec. 16-49. - Jury fees.
A person who responds to the process of the municipal courts and is not exempted or excused from service, shall be entitled to compensation at the rate of $6.00 per day or any portion of a day, regardless of whether the person is actually selected for or serves on a jury.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-50 Fines to be paid to clerk or officer.
Sec. 16-50. - Fines to be paid to clerk or officer.
All fines assessed by the municipal courts shall be paid to the clerk of the municipal courts or some officer designated by the presiding judge to receive the same. No person is to be imprisoned for nonpayment of a fine except as set out in section 16-51 of this Code.
(Ord. No. 00-325, § 1, 4-26-00; Ord. No. 2010-740, § 2, 9-22-2010)
Houston Code of Ordinances § 16-51 Alternative method for payment of fine.
Sec. 16-51. - Alternative method for payment of fine.
(a) When a defendant has been found guilty, by plea or conviction, a judgment that the defendant pay a fine shall also direct that the defendant may request of the court a deferred payment, either to a certain time or by an installment agreement.
(b) The defendant's petition to the court for an installment agreement shall include:
(1) A statement of the fines which have been assessed against the defendant.
(2) A statement that the defendant is unable to pay the fine assessed at the time the petition is made.
(3) A statement of the amount of money the defendant will be able to pay periodically.
(4) A statement that if the court grants the installment agreement, the defendant shall make the payment of that amount.
(5) The defendant's statement that "I understand and agree that failure for any cause to make any payment as agreed will give rise to the issuance of a warrant for my arrest and my being confined in the City of Houston jail until the fine is fully satisfied."
(6) The defendant's signature.
(c) Only in the event that the defendant fails to pay the fine assessed or fails to pay an installment after having signed an installment agreement, may the defendant be incarcerated for failure to pay a fine. No person may be imprisoned because he cannot pay the full amount of the fine owed. If the defendant fails to pay an installment or refuses to pay the fine assessed, he shall be incarcerated until the fine is fully satisfied.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-52 Remittance of fine and court costs.
Sec. 16-52. - Remittance of fine and court costs.
In all cases mentioned in section 16-51 of this Code, or in any other case resulting in a judgment from a municipal court, where it appears from the facts and circumstances surrounding the particular case that justice has not been served, or that an unjust or excessive fine has been imposed in the case, or for other just cause, the presiding judge of the municipal courts shall have the authority to remit all or any part of the fines and costs of the court associated with any judgment. The action of the presiding judge, on a proper form, shall be transmitted to the clerk of the municipal courts to be entered upon the municipal courts docket by the clerk and to the controller who shall authorize a refund of so much of the fine and costs as the presiding judge, in his sole discretion, in each particular case, shall so designate.
(Ord. No. 00-325, § 1, 4-26-00; Ord. No. 2010-740, §§ 2, 6, 9-22-2010)
Houston Code of Ordinances § 16-53 Report of commitments returned.
Sec. 16-53. - Report of commitments returned.
The chief of police shall make a report daily, except on legal holidays, of all commitments returned by him to any of the municipal courts. This report shall show the case number, the name of the defendant and the amount of the fine in each case, and shall also show opposite the fines in each case, the manner in which the fines were liquidated.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-54 Appeals.
Sec. 16-54. - Appeals.
A defendant has the right of appeal from a judgment of conviction in the municipal courts under the rules prescribed by state law. Defendants who institute appeals shall serve copies of their motions for new trial, any amended motions for new trial, notices of appeal and briefs upon the city attorney or his designated assistant who is handling the case in the manner prescribed by state law.
(Ord. No. 00-325, § 1, 4-26-00)
Houston Code of Ordinances § 16-55 Rules of practice and procedure.
Sec. 16-55. - Rules of practice and procedure.
The presiding judge may recommend to the city council the adoption of ordinances establishing rules and regulations concerning the practice and procedure in the municipal courts. The rules and regulations and amendments thereto, if any, shall not constitute a part of this Code. Copies thereof shall be maintained for public inspection and copying in the city secretary's office and the municipal courts. With the consent of the presiding judge, the clerk of the municipal courts may cause copies thereof to be published and make the same available at a cost that is equivalent to the cost of publication, provided that no fee shall be imposed for the first copy supplied to any indigent defendant who makes an affidavit that he is unable to pay the cost thereof.
(Ord. No. 00-325, § 1, 4-26-00; Ord. No. 2010-740, §§ 2, 7, 9-22-2010)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH16MUCO_ARTIIIPRPRFetched: 10/26/2026