ORD 2006-18 - Municipal Court Juvenile Case Manager Fee 09-19-2006ORDINANCE NO. 2006 -18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, ESTABLISHING THE JUVENILE CASE
MANAGER FEE; PROVIDING FOR A SEVERANCE AND SAVINGS
CLAUSE, PUBLICATION, AND AN EFFECTIVE DATE.
WHEREAS In its 79'h 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 and require defendants convicted of `fine -only misdemeanor
offences' to pay a case manager fee not to exceed five dollars ($5.00) as a cost of
court; and
WHEREAS The City Council has considered the implementation of such a fee, related to the
City's Municipal Court, and has determined that the fee would benefit the
operations of the Municipal Court, as well as the health, safety and welfare of the
Huntsville 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 Huntsville, Texas,
that:
Section 1. The City Council of the city of Huntsville officially creates a juvenile case
manager fee, as set forth in the Texas Code of Criminal Procedure, Article
102.0174 ( "Fee ").
(1) A defendant convicted of a `fine -only misdemeanor offense' in Municipal
Court shall pay juvenile case manager Fee, not to exceed five dollars ($5.00),
as a court cost. The Fee does not apply to parking citations. For purposes of
this section, a person is considered to be `convicted' 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.
(2) The Municipal Court Judge is authorized to waive the juvenile case manager
Fee in cases of demonstrated financial hardship on the part of a convicted
defendant. For example, the Municipal Court Judge may waive the fee if the
Judge has determined that 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.
(3) The Municipal Court clerks shall collect the fee and pay it to the City
treasurer.
(4) The fees collected may be used only to finance the salary and benefits of a
juvenile case manager that is employed by the Municipal Court under Texas
Code of Criminal Procedure, Article 45.056.
(5) Upon approval of the City Council, the Municipal Court may employ one or
more full -time juvenile case managers to assist the Court in administering the
Court's juvenile docket and in supervising its court orders in juvenile cases.
(6) The juvenile case manager fee shall be charged to and applied only to conduct
that occurs on or after adoption of this ordinance.
Section 2: If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it
is the definite intent of this City Council that every section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance be given full force
and effect for its purpose.
Section 3: This ordinance shall take effect ten (10) days after its passage by the City
Council. The City Secretary shall publish the caption of this ordinance in the
official City newspaper at least twice within ten (10) days of its passage.
PASSED AND APPROVED by the City Council of the City of Huntsville, Texas, this 19th day
of September 2006.
THE CITY OF HUNTSVILLE. TEXAS
J. TURNER, Mayor
xx�ST:
Danna Welter, City Secretary
APPROVED AS FORM:
dh *%*A A
Thomas A. Lee Al , C ty Attorney