Municipal Courts in Texas

Municipal courts in Texas are the judicial organ of city government. They handle traffic cases, fine-only misdemeanors, truancy cases, and violations of city ordinances. 

Large Texas cities have several municipal courts each, while smaller cities have only one municipal court. A handful of small Texas cities don’t have any functioning municipal court apart from the mayor, who acts as ex officio municipal judge.

Cities finance all costs related to the operation of municipal courts, including judges’ salaries.

Jurisdiction

Texas municipal courts have exclusive original jurisdiction over violations of city ordinances. They share jurisdiction with Justice of the Peace Courts in state-law criminal cases that are punishable by fine only (Class C misdemeanor cases).

Depending on local ordinances, municipal judges may impose fines of up to $2,000 for violations of ordinances relating to fire safety, zoning, or public health, and up to $4,000 for illegal dumping of garbage. For other violations, the maximum fine is $500.

Municipal courts generally do not have jurisdiction in civil cases, except in cases involving the owners of dangerous dogs.

Most defendants in municipal court appear pro se, meaning without a lawyer.

Magistration and Other Powers

Municipal judges may serve in the capacity of a committing magistrate at the jail.

Jail magistrations are the first appearance of an arrested person before a court. Judges at these hearings review the charges and determine whether there was probable cause for the arrest and the continuing detention of the defendant.

Although they may only try misdemeanor cases, municipal court judges have the authority to magistrate either felony or misdemeanor defendants. Municipal judges also may issue search warrants and arrest warrants.

As a magistrate, the municipal judge may hold preliminary hearings, reduce testimony to writing, discharge the accused, or remand the accused to jail and set bail. They also may hold mental health hearings, indigence hearings, and issue emergency protective orders.

Selection of Judges

Judges of municipal courts in home-rule cities are selected under the municipality‘s charter provisions. The vast majority of municipal court judges in Texas are appointed, not elected.

Qualifications for the position are set by the city.

In general-law cities (i.e., those without a charter), the mayor serves as the ex officio judge of the municipal court unless the city by ordinance creates the position of judge.

Term of Office

A municipal judge’s term of office is two years unless the municipality provides for a longer term as authorized by the Texas Constitution.

However, Section 29.005 of the Government Code provides for the automatic reappointment of municipal judges unless the appointing authority decides to appoint someone else.

While most municipal judges in Texas have two-year terms of office, some have a four-year term.

Appeals from Texas Municipal Courts

Municipal courts in Texas are generally not courts “of record,” which means that they don’t keep a record of all proceedings that can be reviewed by a higher court. For this reason, most appeals from municipal courts are tried a second time (de novo) in a county court. 

However, state law allows cities to elect to make their courts into courts of record, in which case the appellate court (either a county or district court) can review the case documents from the original trial.

List of Municipal Courts in Texas.

Texas’ Office of Court Administration maintains a list of all municipal courts in Texas. In all there are more than 900 municipal courts in the state.

This article is part of Texapedia, the Encyclopedia of Texas Government.