Ord. 1404-03 2017-09-25 ORDINANCE NO. 1404-3
An Ordinance of the City Council of the City of Pearland, Texas, amending
Section 18-11 of Chapter 18; Municipal Court, of the City of Pearland Code
of Ordinances as it applies to the juvenile case manager fee; providing a
repealing clause, a saving clause and severability clause and providing for
codification.
WHEREAS, in its 79th Regular Legislative Session, the Texas Legislature amended the
Texas Code of Criminal Procedure, by adding a new Section 102.0174 thereto, which
amendment authorizes municipalities, by ordinance, to create a "juvenile case manager fund"
("Fund") and require defendants convicted of 'fine-only misdemeanor offences' to pay a case
manager fee not to exceed five dollars ($5.00) into such Fund, as a cost of court, and providing
the purposes for which the Fund may be used; and
WHEREAS, the City Council has implemented such a Fund, related to the City's
Municipal Court, and has determined that the Fund benefits the operations of the Municipal
Court, as well as the health, safety and welfare of the Pearland community at large, by providing
the youth of the City with access to a juvenile case manager for the court; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION 1. That Chapter 18; Municipal Court, of the City Code of Ordinances is
hereby amended and shall read as follows:
"Sec. 18-11. Juvenile Case Manager Fee. There is hereby created a juvenile
case manager fee, as authorized by Texas Code of Criminal Procedure Sections
102.0174 and 45.056, as amended by H.B. 1575, 79' Tex. Leg. 2005. The
Juvenile Case Manager Fee shall be five dollars ($5.00).
1. Applicability
Except as otherwise provided in this Chapter, a defendant who is convicted of a
"fine only misdemeanor offense" in Municipal Court shall pay the Juvenile Case
Manager Fee established in Section 18-11 as a cost of court. For purposes of
this section, a person is considered "convicted" of an offense if:
(a) A sentence is imposed on the defendant by the Court; or
(b) The defendant receives deferred disposition from the Court, including
deferred proceedings under Article 45.052 or 45.053 of the Texas
Code of Criminal Procedure.
ORDINANCE NO. 1404-3
The Municipal Court Judge may waive the Juvenile Case Manager Fee in cases
of demonstrated financial hardship on the part of a convicted defendant if the
defendant is indigent, has insufficient resources or income to pay the fee, or is
otherwise unable to pay all or part of the underlying fine or costs.
2. Juvenile Case Manager Fund
(a) There is hereby created the "Juvenile Case Manager Fund." The
Fund shall be administered by or under the direction of the City Council.
(b) All Juvenile Case Manager Fees collected by the Municipal Court shall
be deposited into the Juvenile Case Manager Fund established hereunder.
(c) The Juvenile Case Management Fund may be used only to finance
the salary and benefits of a juvenile case manager that is employed by the
Municipal Court as authorized by Section 18-11 of this Code and Texas Code of
Criminal Procedure, Article 45.056(a).
3. Juvenile Case Manager
The City Council hereby authorizes the Municipal Court to employ one or more
full-time or part-time juvenile case managers to provide services in cases
involving juvenile offenders before the Court consistent with the Court's statutory
powers. "
SECTION 2. Savings. All rights and remedies which have accrued in favor of the City
under this Chapter and amendments thereto shall be and are preserved for the benefit of the
City.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
SECTION 4. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
SECTION 5. Codification. It is the intent of the City Council of the City of Pearland,
Texas, that the provisions of this Ordinance shall be codified in the City's official Code of
Ordinances as provided hereinabove.
2
ORDINANCE NO. 1404-3
PASSED and APPROVED ON FIRST READING this the 18th day of September, A. D.,
2017.
OyY)
TOM REID
MAYOR
ATTEST:
Y NG L4ri'FING, TRMC 7 0% 4
Y SE ETARY .. `
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of
September, A. D., 2017.
Pu-A.
TOM REID
MAYOR
ATTEST:
Qq
czy
Y NG I N TR C �'• .
Y S RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3