HomeMy WebLinkAboutOrdinance - 2009-O0064 - Amending Chapter 17;Establish Juvenile Case Manager Fee;Savings Clause Etc - 07/08/2009First Reading
July 8, 2009
Item No. 5.30
Second Reading
July 28, 2009
Item No. 5.7
ORDINANCE NO. 2009-00064
AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, CHAPTER 17, TO ESTABLISH THE JUVENILE CASE MANAGER
FEE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING
FOR PUBLICATION.
WHEREAS, the 791h Texas Legislature enacted Section 102.0174 of the Code of
Criminal Procedure in House Bill 1575 to authorize the juvenile case manager fee not to exceed
five dollars ($5.00) as a cost of court; NOW THEREFORE:
CBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
mended by adding a section, to be numbered 17-9, which said section reads as follows:
Sec. 17-9. Juvenile case manager fee.
(a) There is created a juvenile case manager fee pursuant to Article 102.0174 of the Texas
of Criminal Procedure.
(b) A defendant convicted of a fine -only misdemeanor offense in municipal court shall
y a five dollar ($5.00) juvenile case manager fee as a court cost. This fee does not apply to
rkina citations.
(c) For purposes of this section, a person is considered convicted if
(1) a sentence is imposed on the defendant; or
(2) the defendant receives deferred disposition, including deferred proceedings
under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure.
(d) The municipal court judge is authorized to waive this fee in a case of financial
rrrAship, for example, if a municipal court judge has determined that the defendant is indigent,
has insufficient resources or income, or is otherwise unable to pay all or part of the underlying
e or costs.
(e) The municipal court administrator shall collect this cost of court and pay it to the city
,r to be kept in a separate fund known as Juvenile Case Manager Fund.
(f) The Juvenile Case manager Fund may be used only to finance the salary and benefits
a juvenile case manager employed by the municipal court or by an interlocal agreement with
)ther local government entity in accordance with Chapter 791, Government Code, to jointly
.ploy a case manager, under Article 45.056 of the Texas Code of Criminal Procedure.
(g) The municipal court, or an entity or by agreement (in accordance with Chapter 791,
vernment Code), on approval of the city council may employ one or more full-time juvenile
;e managers to assist the court in administering the court's juvenile docket and in supervising
court orders in juvenile cases.
(h) This Juvenile Case Manager Fund shall be administered by or under the direction of
City Council.
(i) This fee applies only to conduct that occurs on or after the effective date of this
Drdinance."
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
zrt of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
use, phrase, word, or provision of this ordinance, for it is the definite intent of this City
uncil that every section, paragraph, subdivision, clause, phrase, word or provision of this
linance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Lubbock
required by the City Charter of the City of Lubbock.
SECTION 4. This ordinance shall take effect ten days after the date of its last publication
accordance with Chapter 1, Article IX, Section 18, Lubbock City Charter.
by the City Council on first reading this 8th day of July , 2009.
by the City Council on second reading this 28th day of July , 2009.
TTEST:
Garza, City S
PROVED AS TO CONTENT:
Doty, Municipal Judge
< r", /�"-e
TOM MARTIN, MAYOR
Page 2 of 3
APPROVED AS TO FORM:
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my �.s
. s, an i y Attorney
Don:JuveMgrOrd
June 17.2009
Page 3 of 3
THE STATE OF TEXAS KadAj
G� qua
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personally appeared Mary Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock
on the following dates:
Announcehient Managery
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this
FORM 58-10
�A� 'A&� &
I '-- APNOTARY PUB in and for the State of Texas
my commission Expires 4128/2012
of
WENDY J. KNOX
i NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012