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MUNICIPAL COURT - TECHNOLOGY FUND
ORDINANCE NO. 02-3362
AN ORDINANCE AMENDING THE CITY OF PLAINVIEW CODE OF
ORDINANCES .CHAPTER 2 ADMINISTRATION, ESTABLISHING THE
COLLECTION OF A TECHNOLOGY FUND BY MUNICIPAL COURT;
CUMULATIVENESS CLAUSE; .CONFLICTS CLAUSE; SEVERBILITY
CLAUSE; AND EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas has provided that a
municipality by ordinance may create a municipal court technology fund and may
require a defendant convicted of a misdemeanor offense in municipal court or municipal
court of record to pay a technology fee not to exceed $4 as a cost of court; and
WHEREAS, the City of Plainview finds it necessary to obtain and maintain
technological enhancements for a municipal court; and
WHEREAS, the City of Plainview finds that a Municipal Court Technology Fee
will assist in the purchase of technological enhancements for the municipal court.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Plainview, Texas, that:
Section
Sec 2-173. Technology Fee of the City of Plainview Code of Ordinances be amended
as follows:
1. A defendant convicted of a misdemeanor offense in a municipal court
shall be required to a pay a four ($4) dollar technology fee as a cost of
court.
2. For the purposes of this section, a person is considered convicted if:
a. A sentence is imposed on the person;
b. The person is placed on community supervision, including deferred
adjudication community supervision; or
c. The court defers final disposition of the person's case.
3. The clerk of the municipal court shall collect the costs and pay them to
the budget manager, for deposit in a fund to be known as the Municipal
Court Technology Fund.. A fund designated. by this subsection may be
used only to finance the items set forth in Article 102.0172 of the Texas
Code of Criminal Procedures as amended.
4. The courthouse technology fund shall be administered by or under the
direction of the governing body of the City of Plainview, Texas.
Ordinance No. 02-3362 Municipal Court Technology Fund Page 1 of 2
Section II
Provisions of this ordinance are cumulative and nothing .herein shall prevent, alter, or
diminish the applicability or enforcement of other ordinances restricting, regulating, or
governing the subject matter herein.
Section III
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
Section IV
Should any section, subsection, or any portion hereof be deemed invalid for any reason,
such holding shall.. not render or invalidate any other .section, subsection, sentence,
provision, clause, phrase, or word severable therefrom and the same shall be deemed
severable for this purpose.
Section V
This ordinance shall be in full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 26th day of .November, 2002.
PASSED AND APPROVED on second reading this 10th day of December, 2002.
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Belinda Hinojosa, City Secrets
APPROVED AS TO FORM:
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Wall Hatc~Cit Attorne
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APPROVED A TO CONTENT:
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Pat Hernandez, Municipal Court
Judge
Ordinance No. 02-3362 Municipal Court Technology Fund Page 2 of 2
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