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§ 29.004
<br />
<br />§ 29.004. Judge
<br />
<br /> !
<br />
<br />Justice of peace as judge 1
<br />
<br /> :
<br />
<br />1. Justice of peace as judge
<br /> Doctrine of incompatibility does not prevent a
<br />justice of the peace from holding, at the same tims,
<br />
<br />Notes of Decisions
<br />
<br /> JUDICIAL BRANCH
<br /> Title' 2
<br />
<br />the office of part-time appointed municipal judge
<br />for a city located within the precinct [discussion of
<br />question 2 of Op~.tty. Gen. JM-c/22 (1986) and its
<br />£mding of incompatibility under the circumstances
<br />overruled; overruling of Up.Arty. Gen. 9-2055
<br />(1940) withdrawn], Op~tty. Gen.1987, No. JM-
<br />819,
<br />
<br />§ 29.005. Term of Office
<br /> The judge of a municipal court serves for a term of office of ~vo years unless the
<br />municipality provides for a longer term puz~uant to Article XI, Section 11, of the Texas
<br />Constitution, A municipal court judge who is not reappointed by the 91st day follow-~ng the
<br />expiration of a term of office shall, absent action by the appointing authority, continue to
<br />serve for another term of office beg/nning on the date the previous term of office exp/red.
<br />Amended by Act~ 1993, 73rd Leg,, ch. 794, § 1, elf. Jan. 1, 1994.
<br />
<br /> Historical and Statutory Notes
<br />
<br /> 1993 Legislation
<br /> The 1993- amendment added the second sen-
<br />tenee.
<br />
<br />Notes of Decisions
<br />
<br />Minimum term 1
<br />Timely action 2
<br />
<br /> 1. Minimum term
<br /> Municipal court judge /n home-rule city was not
<br />at-will employee, where state statute expressly
<br />provided for minimum term of two years. Barnett
<br />v. City of Plainview (App. 7 Dist. 1993) 848 S.W.2d
<br />334.
<br /> Government Code provision establishing two-
<br />year term-of-office did not create private cause of
<br />action that could be asserted against city by two
<br />municipal court judges whose terms l~sted less
<br />titan two full yeo. rs, Thompson v. City of Austin
<br />(App. 3 Disk I998) 979 S.W.2d 676.
<br /> The term of office for municipal judges in Austin
<br />extends two years, through December 31 of odd-
<br />numbered years, regardless of when an individual
<br />judge is appointed to the bench, and thus a late-
<br />appointed judge or one appointed to serve an
<br />unexpired term will have a tenure of office less
<br />
<br />§ 29.010. Clerk
<br />
<br /> than two years. Thompson v. City of Austin (App.
<br /> 3 Diet. 1998) 979 S.W.2d 676.
<br /> Two-year term of municipal court judges who
<br />were appointed in March of even-numberod year
<br />ended on December 31 of following odd-numbered
<br />year, and thus city eoundl did not premataraly
<br />remove municipal court judges from office or ter-
<br />minate their contracts early by declining to reap-
<br />point judges for new term beginning January 1,
<br />even though term of neither judge l~sted two full
<br />years, where both judges served on municipal
<br />court until end of following odd-numberod year.
<br />Thompson v. City of Austin (App. 3 Diet, 1998) 979
<br />S.W.2d 676,
<br />
<br />2. Timely action
<br /> City council's vote to xppoint new municipal
<br />judge, wh/le ultimately voided, qualffied a~ timely
<br />"action" by appointing authority, under statute
<br />governing municipal judges' terms of office, and
<br />thus, present municipal judge was not entitled to
<br />remain in position. Cit~ of Robstewn v. Veraste-
<br />gui (App. 13 Dist. 1999) 995 S.W.2d 315.
<br />
<br /> (a) In a municipality that provides for the election of a municipal judge, the municipal court
<br />clerk is elected in the same manner unless by ordinance the city secretary serves as clerk. A
<br />city secretary who serves as clerk may be authorized to appoint a deputy clerk.
<br /> (b) The clerk serves a two-year term of office unIess the municipality provides for a longer
<br />term pursuant to Article XI, Section 11, of the Texas Constitution. If the city secretary
<br />serves as clerk, that person serves as clerk during the term as city secretary.
<br /> (c) The clerk shah keep minutes of the proceedings of the court, issue process, and
<br />generally perform the duties for the municipal court that a county clerk performs for a county
<br />court.
<br />
<br />JUDICIAL BRANCH
<br />Title 2
<br /> (d) Subsection (a) does no
<br />the appointment of the clerk.
<br />Amended by Ac~s 1991, 72nd Le~
<br />
<br />1991 Legislation
<br />The 1991 amendment added su
<br />
<br />§ 29.012. Sitting for Dis
<br /> (a) If the judge of a munici
<br />of another municipal court loc
<br /> (b) A municipal court judgt
<br />this section if either party
<br />f'~ed before the first heaving
<br />preside.
<br />Added by Acts 1999, 76th .Leg., ch
<br />
<br /> SUBCHAPTER B
<br />
<br />§ 29,105. Municipal Cou:
<br />Department (
<br />A municipality that contrac~
<br />police depactment may conduc
<br />any municipality that is a part~
<br />Added by Acts 1995, 74th Leg., ch
<br />
<br /> CHAPTER:
<br />
<br /> SUBCHAPTER A. GENERA
<br /> MUNICIPAL COURTS OF
<br /> Section
<br />30.00001. Short Title; App]icafi~
<br />30.00002. Definitions.
<br />30.00003, Creation of Mun[dpal
<br /> ord.
<br />30.00004. Abolition of
<br />30.00005. Jurisdiction.
<br />30.00006, Judge,
<br />30.00007. Presiding Judge.
<br />30.00008. Vacancies: Temporary
<br />30.000085. Removal of Judge.
<br />30.0~/)09. Clerk; Other Personm
<br />30,00010. Court Reporter.
<br />30.00011. Prosecutions.
<br />30.00012. Cour~ Facilities.
<br />30.009125. Seal.
<br />30,000126. Complaint; Pleading.
<br />30.00913. Jury,
<br />30.00014. Appeal.
<br />30.00015, Appeal Bond.
<br />30.00016. Record on Appeal.
<br />30.00017. Transcript.
<br />30.00018. Bills of Exception.
<br />30.00019. Statement of Facts.
<br />30.00020. Transfer of Record.
<br />30.6~21. Brief on Appeal.
<br />30.00022. New Trial
<br />30.00023. Court Rnies.
<br />30.00024. Disposition on Appeal.
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