HomeMy WebLinkAboutOrdinance - 2017-O0049 - Amending 1.07.001 - Jurisdiction Of Municipal Court - 04/27/2017First Reading
April 13, 2017
Item No. 6.7
ORDINANCE NO. 9017-00049
Second Reading
April 27, 2017
Item No. 6.18
AN ORDINANCE AMENDING SECTION 1.07.001 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PROVIDING
JURISDICTION OF THE MUNICIPAL COURT OF RECORD IN ACCORDANCE WITH
SECTION 30.00005 OF THE TEXAS GOVERNMENT CODE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Texas Government Code (the "Code") §30.00005(d) sets forth the
jurisdiction granted to municipal courts of record in Texas and provides specific areas of
jurisdiction established by general law and that granted in the Local Government Code; and
WHEREAS, the Code grants the municipal court of record in Texas civil jurisdiction
through ordinances created by a municipality; and concurrent jurisdiction with a district court or
county court at law in accordance with the appropriate sections authorized by Local Government
Code.
WHEREAS, the City Counsel of the City of Lubbock, Texas deems it in the best interest
of the citizens of Lubbock to make the following amendments to Section 1.07.001 with regard to
adopting the authority granted by the Texas Government Code §30.00005(d); NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 1.07.001 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 1.07.001. Established, jurisdiction.
(a) The City of Lubbock's two (2) existing municipal courts of record, in accordance
with Chapter 30, Subchapter B of the Code, shall have a single judge, who may be
assisted from time to time by substitute, temporary or part-time judges appointed by
the city council. The city council may hereafter by resolution provide for the division
of the court into one or more divisions as required by the court's workload prior to
any general city election. Each such division shall be presided over by its own full-
time or part-time judge at the discretion of the city council.
(b) In addition to the jurisdiction provided by state law, and in accordance with
Section 30.00005(d) of the Code, City Council provides that the court has:
(1) Civil jurisdiction for the purpose of enforcing municipal ordinances enacted
under Subchapter A, Chapter 214, Local Government Code, or Subchapter E,
Chapter 683, Transportation Code:
(2) Concurrent jurisdiction with a district court or a county court at law under
Subchapter B, Chapter 54, Local Government Code, within the municipality's
territorial limits and property owned by the municipality located in the
municipality's extraterritorial jurisdiction for the purpose of enforcing health
and safety and nuisance abatement ordinances; and
(3) Authority to issue:
(i) Search warrants for the purpose of investigating a health and safety
or nuisance abatement ordinance violation; and
(ii) Seizure warrants for the purpose of securing, removing, or
demolishing the offending property and removing the debris from the
premises.
SECTION 2. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance
shall not be affected thereby.
SECTION 3. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance as an
alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 13th day of April , 2017.
Passed by the City Council on second reading this 27th day of April , 2017.
DANIEL M. POPE. MAYOR
ATTEST:
P, -!� Z 4 X
Re ecca Garza, City Secret)
ecre ary
APPROVED AS
The Honorable Jorge Hernandez
Lubbock County Municipal Court Judge
APPROVED AS TO FORM:
Kelli Leisure
Assistant City Attorney