§ 19-61. Criminal complaints and pleadings.

(a)

All proceedings in the municipal court shall be commenced on a written complaint prepared and filed by or under the direction of the city attorney or an assistant city attorney, except when state law provides that a written complaint is unnecessary.

(b)

When no written complaint is required, the proceeding shall commence upon the filing of the citation.

(c)

Complaints and citations shall be filed with the municipal court clerk.

(d)

Complaints shall begin, "In the name and by authority of the State of Texas …" and shall conclude "… against the peace and dignity of the State." If the offense charged is a violation of a city ordinance, the complaint may also conclude "contrary to the said ordinance …."

(e)

Complaints may be signed by any credible person on information and belief and sworn to before a notary public, the city attorney, an assistant city attorney, a city judge, municipal court clerk, deputy court clerk or city secretary, each of whom, for that purpose, shall have the authority to administer oaths.

(f)

All pleas shall either be made in writing and filed with the municipal court clerk or made in open court before a city judge.

(g)

Any additional pleadings in the court shall be in writing and filed with the municipal court clerk, except when waived by a city judge.

(h)

The municipal court clerk shall file the original complaint and the original of other papers and proceedings in each case under the direction of the city judge. Such documents constitute the records of the court and a separate record book shall not be required.

(i)

The records of the court, including dockets, shall be preserved for a period of at least three (3) years following the disposition of any particular cause, and, thereafter, the records may be disposed of or destroyed upon authorization of the city attorney. The court's permanent minutes may be maintained by computer records or any other method authorized by state law.

(Ord. No. 89-177, § I(8-21), 12-5-89)