2007-275S:AOur DocumentsVOrdinancesV07AMunicipal Court Fee Amendment.doc
ORDINANCE NO. 00
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 19 RELATING TO MUNICIPAL COURT BY AMENDING SECTION 19-8
TO INCREASE THE ADMINISTRATIVE FEE CHARGED FOR CERTAIN DISMISSALS OF
CERTAIN TRAFFIC OFFENSES FROM TEN DOLLARS TO TWENTY DOLLARS;
ADDITIONALLY THE STATE STATUTE NUMBERS REFERENCED IN SECTION 19-8
HAVE BEEN UPDATED TO REFLECT THE CURRENT STATUTE NUMBERS OF THESE
LAWS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 19 of the Code of Ordinances of the City ("Municipal Court")
be and the same is hereby amended by amending Section 19-8 "Fees for services of peace
officers and other fees" to allow for the collection of an administrative fee of up to twenty dollars
for traffic violations where state law allows for dismissal with a fee after some action on the part
of the defendant. Additionally several state statutes previously referenced in Section 19-8 have
been repealed and re-enacted in newer statutes. Those new statute references are now referenced
below. Section 19-8 shall read as follows:
Sec. 19-8. Fees for services of peace officers and other fees.
(a) Fees for services performed in a case by a peace officer are hereby authorized to be
imposed and collected by the municipal court in accordance with the provisions of
Vernon's Ann. C.C.P. art. 102.011, and the maximum fees therein expressed are
authorized to be imposed.
(b) Warrant fees are hereby authorized and may be imposed and collected by the municipal
court in accordance with the provisions of Vernon's Ann. C.C.P. art. 45.203. The
maximum fees therein expressed may be imposed.
(c) Special expenses for services performed in cases in which the laws of this state require
that the case be dismissed because of actions by or on behalf of the defendant subsequent
to the date of the alleged offense in compliance with the provisions of Vernon's Ann.
C.C.P. art. 45.0511 are hereby authorized to be imposed and collected in accordance with
the provisions of Vernon's Ann. C.C.P. art. 45.203.
(d) The city judge is hereby authorized to assess as an administrative fee an amount not
exceeding twenty dollars ($20.00) where state law requires or allows for dismissal due to
some act of the defendant. Those instances are correction of an expired motor vehicle
registration (Vernon's Tex. Transportation Code Ann. Section 502.407), expired driver's
license (Vernon's Tex. Transportation Code Ann. Section 521.021 and 521.026) and
expired vehicle inspections certificate (Vernon's Tex. Transportation Code Ann. Section
g CADOCUM E-I \tijawors\LOCALS-d \Temp\XPgrpwise\Municipal Court Fee Amendment.doe
548.602 and 548.605) when the correction is within twenty(20) days of the issuance of the
citation and any other instance as provided by state law.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 44 day of LdMA~W 2007.
PE R. MCNEILit
6i -
R
A
TTESTED:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY A 70R
BY:
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