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52

ARTICLE 1. - IN GENERAL.

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Sec. 42-01. - Introduction.#

(a)

Established. The municipal court is established and maintained in accordance with Section 4.03, City Charter.

(b)

Name. The name of said court shall be "the Burnet Municipal Court" and the court may be referred to in this code as "the municipal court."

(c)

Scope. The purpose of this chapter is to set out guidelines for the establishment and operation of the court. This chapter is not intended to limit the authority of the municipal judge or prosecutor to perform their respective duties in accordance with the laws of this state and their respective codes of conduct.

(Ord. No. 2026-17, § 1, 4-28-26)

Charter reference— Section 4.03 A - municipal court established.

State Law reference— Sections 29.002 and 29.003 Texas Government Code - Creation of Municipal Court.

Sec. 42-02. - Definitions.#

The terms below set forth in italics (italics) shall have the meanings that follow:

Associate judge shall mean a judge appointed by city council to conduct court in the absence of presiding judge; and as referenced as "alternate judge" in the City Charter.

Bailiff shall mean court security officer as that term is referenced in chapter 158, Texas Government Code.

Court clerk shall mean the person appointed to serve as the clerk for the court. Fees shall mean warrant fee, arrest fee, summons fee, and such other fees as may be prescribed by law.

Municipal court shall mean the Burnet Municipal Court.

Municipal judge shall mean the presiding judge and alternate judges collectively.

Presiding judge shall mean the person appointed to serve as the presiding judge for the Burnet Municipal Court.

Prosecutor shall mean the city attorney or the city attorney's appointed deputy.

(Ord. No. 2026-17, § 1, 4-28-26)

Sec. 42-03. - Jurisdiction.#

(a)

Prescribed jurisdiction. The municipal court shall have all jurisdiction prescribed by sections 29.003(a) and 29.003(b) Texas Government Code.

(b)

Expanded jurisdiction. In addition to the jurisdiction prescribed by section (a), immediately above, the municipal court shall, pursuant to Texas Government Code Section 29.003(a-1) have jurisdiction as follows:

(1)

Civil jurisdiction for the purpose of enforcing Burnet municipal ordinances enacted under subchapter A, chapter 214, Local Government Code, or subchapter E, chapter 683, Transportation Code;

(2)

Concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, Local Government Code, within the City of Burnet's territorial limits and property owned by the City of Burnet located in its extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and

(3)

Authority to issue:

a.

Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and

b.

Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.

(Ord. No. 2026-17, § 1, 4-28-26)

State Law reference— Sec. 29.003 Texas Government Code - Jurisdiction.

Sec. 42-04. - Rules of practice and procedures.#

The municipal court's operational procedures shall be governed by the applicable sections of the latest edition of the Texas Criminal and Traffic Law Manual, the Bench Book and Clerk's Certification Guide, as published by the Texas Municipal Courts Education Center, and the Texas Code of Criminal Procedure, as may be applicable.

(Ord. No. 2026-17, § 1, 4-28-26)

Sec. 42-05 - Court security committee.#

The presiding judge shall convene a court security committee in accordance with the requirements of state law.

(Ord. No. 2026-17, § 1, 4-28-26)

State Law reference— Sec. 29.014 Texas Government Code - Court Security Committee.

Secs. 42-06—42-20. - Reserved.#