ORD 1999-20TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999- 20
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING AND REPLACING ORDINANCE 95-18, CREATING A
MUNICIPAL COURT BUILDING SECURITY FUND; PROVIDING
PROCEDURES FOR COLLECTION AND ADMINISTRATION OF THE
FUND; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING THAT THIS
ORDINANCE SHALL REPEAL ORDINANCE 95-18; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, House Bill 1177 was adopted by the Texas Legislature and became effective
from and after its date of passage on May 3, 1999, providing for amendments to Article 102.017(d),
Code of Criminal Procedure, relating to permissible uses of the Municipal Court Building Security
Fund; and
WHEREAS, Article 102.017, Code of Criminal Procedure, provides that the Town Council
of the Town of Trophy Club, Texas (the "Town") may, by Ordinance, create a Municipal Court
Building Security Fund and may require a defendant convicted in a trial for a misdemeanor offense
in the municipal court to pay a $3.00 security fee as a cost of court.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
CREATION OF FUND
Pursuant to Article 102.0172 of the Code of Criminal Procedure, a Municipal Court Building
Security Fund is hereby created.
SECTION 2.
COLLECTION AND ADMINISTRATION OF FUNDS
The Municipal Court Clerk of the Town of Trophy Club, Texas, and/or his or her designee
shall collect a municipal court building security fee in the amount of $3.00 from each and every
defendant convicted of a misdemeanor offense. A fee, shall be collected for each and every separate
and distinct offense for which a defendant is convicted. Article 102.0172 of the Code of Criminal
Procedure states that a person is considered convicted if: (1) a sentence is imposed on the person;
(2) the person is placed on community supervision, including deferred adjudication community
supervision; or (3) the court defers final disposition of the person's case.
TOWN OF TROPHY CLUB ORDINANCE 1999-
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The Municipal Court Clerk of the Town of Trophy Club, Texas, and/or his or her designee
shall collect the costs and pay the funds to the Municipal Treasurer, or to any other official who
discharges the duties commonly delegated to the Municipal Treasurer, for deposit into a fund to be
known as the Municipal Court Building Security Fuad.
The Municipal Court Building Security Fund may be used only to finance items when used
for the purpose of providing security services to buildings housing a district, county, justice, or
municipal court, as appropriate, including: (1) the purchase or repair of X-ray machines and
conveying systems; (2) handheld metal detectors; (3) waikthrough metal detectors; (4) identification
cards and systems; (5) electronic locking and surveillance equipments; (6) bailiffs, deputy sheriffs,
deputy constables, or contract security personnel during times when they are providing appropriate
security services; (7) signage; (8) confiscated weapon inventory and tracking systems; (9) locks,
chains, alarms, or similar security devices; (10) the purchase or repair of bullet-proof glass; and (11)
continuing education on security issues for court personnel and security personnel.
The Municipal Court Building Security Fund shall be administered by or under the direction
of the Town Council.
SECTION 3.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinances of the Town affecting the municipal
court building security fund, which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 4.
CUMULATIVE, REPEALER CLAUSE
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of
the provisions of said Ordinances except those instances where are direct conflict with the provisions
of this Ordinance; provided, however, that Ordinance No. 95-18 of the Town shall be and is hereby
repealed, but provided that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to Ordinance No. 95-18 on the date of adoption of this Ordinance shall
continue to be governed by the provisions of the said Ordinance and for that purpose the said
Ordinance shall remain in full force and effect.
SECTION 5.
SEVERABILITY
1f any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of the
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Ordinance, and the Town Council hereby declares it would have passed such remaining of the
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption, Publication Clause and Effective Date clause in the minutes
of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance
records of the Town.
law.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage as provided by
AND IT IS SO ORDAINED
PASSED AND APPROVED by a vote of S to p , this the _ 3rd
day of August , 1999.
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB ORDINANCE 1999-
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