ORD 1990-04ORDINANCE 0 90-04
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 90-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ESTABLISHING AND IMPOSING A WARRANT FEE
OF $25.00 FOR THE ISSUANCE AND SERVICE OF AN
ARREST WARRANT WHEN A DEFENDANT IS NOT
CONVICTED OF A CLASS C MISDEMEANOR AND A
WARRANT FEE OF $35.00 FOR EXECUTING OR
PROCESSING AN ISSUED ARREST WARRANT OR CAPIAS
WHEN A DEFENDANT IS CONVICTED OF A CLASS C
MISDEMEANOR; DESIGNATING THE FUNDS INTO WHICH
SUCH FEES ARE TO BE PAID; REPEALING TOWN
ORDINANCE NO. 87--20 RELATING TO WARRANT FEES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Texas Legislature, by S.B. No. 356, Acts
1989, Ch. 826, Vernon's Texas Sess. Laws, amended art.
102.011(a), Tex. Code Crim. Pro. (Vernon), to require, in part,
that a defendant convicted of a misdemeanor must pay a $35.00
fee for the executing or processing of an issued arrest warrant
or capias; and
WHEREAS, the Legislature did not amend art. 45.06, Tex.
Code Crim. Pro. (Vernon), which requires the payment of $25.00
fee for the issuance and service of a warrant of arrest; and
WHEREAS, these two laws may be reconciled by imposing the
$35.00 warrant fee in cases where a defendant has been
convicted of a misdemeanor, and a $25.00 warrant fee in cases
where a defendant has not been convicted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of 'the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied herein in their entirety.
Section 2. That the following fees are hereby and
shall be imposed and collected by the Town Municipal Court in
the following intances:
A. Defendant Convicted of Misdemeanor.
(1) When a defendant has been convicted in the Municipal
Court of the Town, the defendant shall pay the sum of $35.00
for the execution or processing of an issued arrest warrant or
capias by a peace officer. The fee shall be assessed on
conviction, regardless of whether the defendant was also
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arrested at the same time for another offense, and shall be
assessed for each arrest made of a defendant arising out of the
offense for which the defendant has been convicted.
(2) When the Town Marshal or a peace officer employed by
or acting under a contract with the Town executes or processes
an issued arrest warrant or capias and the defendant for whom
the warrant is issued is convicted in the Municipal Court, the
Town shall retain the $35.00 fee. If a peace officer employed
by the State shall execute or process such an issued arrest
warrant, the Town shall retain $28.00 and shall forward, by the
last day of the month following each calendar quarter, $7.00 to
the State Comptroller of Public Accounts. The City shall
retain all interest earned on such funds.
B. Defendant Not Convicted of Misdemeanor.
(1) Whenever a warrant of arrest is issued and served
and the defendant made the subject of the warrant is not
convicted in the Municipal Court of the violation for which the
arrest warrant was issued, a fee not to exceed the sum of
Twenty -Five Dollars ($25.00) shall be imposed and collected by
the Town in the following instances:
A. When a person fails to appear in accordance with
art. 38.11, Texas Penal Code (Vernon), as amended,
and with article 6701d, §149, Tex. Rev. Civ. Stat.
Ann. (Vernon), as amended; and
B. In all other instances where there has been a
violation of a law or ordinance which imposes
criminal penalties for violations thereof, provided
that written notice of the issuance of an arrest
warrant and imposition of the warrant fee has first
been given to the offender.
(2) The Judge of the Municipal Court shall set the
warrant fee authorized by this Section 2.B. in an amount not to
exceed $25.00.
(3) The funds collected pursuant to this Section 2.B.
shall be paid into the Town treasury for the use and benefit of
the Town.
Section 3. That Ordinance No. 87-20 relating to
warrant fees is hereby repealed in its entirety.
Section 4. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it
would have passed such remaining portions of the ordinance
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despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 5. That this ordinance shall take effect from
and after its date of passage and publication as provided by
law.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the 6 day__of— February , 1989.
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
-Town Attorney'
Town 'of Trophy Club, Texas
yor, Town of Tro•fhy Club, Texas
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