SECOND CONSIDERATION:  Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 2194:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS AMENDING CHAPTER 2, ARTICLE VI (MUNICIPAL COURT) OF THE CODE OF ORDINANCES BY ESTABLISHING THE MUNICIPAL COURT IN SUGAR LAND AS A MUNICIPAL COURT OF RECORD; PROVIDING FOR THE APPOINTMENT AND TERM OF A JUDGE OF THE MUNICIPAL COURT OF RECORD; PROVIDING FOR CIVIL JURISDICTION FOR THE PURPOSES OF ENFORCING ORDINANCES ADOPTED UNDER LOCAL GOVERNMENT CODE CHAPTER 214 AND TRANSPORTATION CODE CHAPTER 683, SUBCHAPTER E; PROVIDING FOR CONCURRENT JURISDICTION OF THE COURT WITH THE DISTRICT COURTS AND COUNTY COURTS AT LAW FOR MATTERS INVOLVING THE ENFORCEMENT OF HEALTH AND SAFETY AND NUISANCE ABATEMENT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

Background

Approval of this ordinance will establish the municipal court in Sugar Land as a municipal court of record. As part of the Charter Commission’s five-year review of the City Charter, the Commission recommended that the City Council enact an ordinance converting the current municipal court to a municipal court of record. This recommendation was discussed during the City Council workshop on June 25, 2019, and then mentioned briefly during the January 28, 2020 City Council workshop.

There are approximately 180 Municipal Courts of Record in the State of Texas. Becoming a municipal court of record will provide residents and defendants with a more just and efficient disposition of cases arising in the City and the enhanced enforcement of City ordinances. The integrity of the municipal court improves because the proceedings are recorded, and trials are governed by the Code of Criminal Procedures and the Rules of Appellate Procedure.

Currently, if a defendant appeals a case from municipal court, it goes to county court de novo.  This essentially means that the case starts over.  The county receives (and keeps) the fines for cases appealed to the county court.  Once a municipal court is converted to a municipal court of record, an appeal to county court is based upon the record created in the municipal court.  If the City prosecutor wins the appeal, the City receives the fines.

Additionally, a municipal court of record has original jurisdiction over civil cases arising under Local Government Code chapters 54 and 214.  This original jurisdiction would allow the City to try dangerous building cases at municipal court and receive an earlier docket setting than would occur if the cases were tried in district or county court.

Designation as a court of record requires technical upgrades, including the installation of a quality recording device. Funding for the recording device was approved by City Council as part of the FY20 budget and was installed in the courtroom on February 7, 2020.

Recommendation

Staff recommends City Council consider and take action on the second reading of Ordinance No. 2194 of the Code of Ordinances of the City of Sugar Land, establishing the municipal court in Sugar Land, Texas, as a municipal court of record with an effective date of July 1, 2020. Once approved, notices will be made and posted. The first reading was approved on March 17, 2020.