Ord. 1404-01 2013-09-23 ORDINANCE NO. 1404-1
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 PROVINDING 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, 79th
Tex. Leg. 2005. The Juvenile Case Manager Fee shall be one dollar
($1 .00).
ORDINANCE NO. 1404-1
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.
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.
2
ORDINANCE NO. 1404-1
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.
PASSED and APPROVED ON FIRST READING this the 9t" day of September,
A. D., 2013.
liYytJ
TOM REID
MAYOR
ATTEST:
p'
ifNG L• '�G, Tj' C, :�: ��
Y SE V TARP
APPROVED AS TO FORM:
DARRIN M. COKE
CITY ATTORNEY
3
ORDINANCE NO. 1404-1
PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd day
of September, A. D., 2013.
r—j1.17-?ti
TOM REID
MAYOR
ATTEST:
`4_ =
•
Y SE. "ETARY .....
APPROVED AS TO FORM:
--DAR' M. COKER
CITY ATTORNEY
4