CONSTITUTION OF THE UNITED STATES
TEXAS CONSTITUTION, ARTICLE II, SECTION I
CITY OF KILLEEN CHARTER, SECTION 13
Section 13, City of Killeen Charter. There shall be a court for the trial of misdemeanor offenses known as the Municipal Court of Records for the City of Killeen, with such powers and duties as are given and prescribed by the laws of the State of Texas, with a Municipal Court judge and a Municipal Clerk of the Court whose duties shall be in accordance the laws of the State of Texas.
There is appointed one Presiding Municipal Judge and one Associate Municipal Judge by the City Council, City of Killeen
Under its constitutional authority to create ". . . Such other courts as may be provided by law," the Legislature has created municipal courts in each municipality in Texas.
Presently, municipal courts are operating in approximately 844 cities, Metropolitan cities usually have more than one municipal court. These courts have original and exclusive jurisdiction over violations of city ordinances and the resolutions, rules and orders of a joint airport board that occur in the territorial jurisdiction of the city an on property owned by the city in the city's extraterritorial jurisdiction. Such violations are generally punishable by fines up to $500, but fines of up to $2000 may be provided for violations relating to fire safety, zoning, public health, and sanitation. Municipal Courts also have concurrent jurisdiction with justice courts in misdemeanor cases occurring within the territorial limits and on property owned by the city in the city's extraterritorial jurisdiction that are punishable by fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment. Article 4.14, Code of Criminal Procedure and §29.003, Government Code.
Municipal Courts have limited civil jurisdiction and are able to assess civil penalties for owners of dangerous dogs. Furthermore, certain municipalities may declare the violation of city ordinances relating to parking and stopping vehicles to be civil offenses and prescribe the civil fines. These cities must establish an administrative adjudication hearing procedure for these offenses.
Municipal judges also serve as magistrates of the State. In this capacity, the municipal judge has authority to issue warrants for the apprehension and arrest of persons charged with the commission of an offense. As a magistrate, the municipal judge may issue search and arrest warrants, issue emergency protection orders, hold preliminary hearings, discharge an accused, or remand the accused to jail and set bail, when applicable.
Trials in municipal courts, generally are not of record, and appeals to the county court, the county court at law, or the district court result in trial de novo (new trial). Under the authority of statute, a municipal court may become a court of record. There are approximately 30 municipal courts of record of which Killeen is one as of December 10, 2002.