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Texas Municipal Court Procedures & Code Enforcement — Lowry Crossing Residents' Guide

April 2026 33 sections
This is the full ordinance text sourced from public records, written in plain language for easy reading. This site is independent and not affiliated with the city government.

Texas Municipal Court Procedures & Code Enforcement — Lowry Crossing Residents' Guide

Applies to: All citations, code violations, and municipal court cases in Lowry Crossing, TX

Last Updated: April 2026

> This document explains the procedures that govern how Lowry Crossing enforces its ordinances through the municipal court, what happens when you receive a citation, and your rights as a defendant. These are Texas state laws that apply to all municipal courts, including Lowry Crossing's.

1. What Happens When You Get a Citation

Types of Citations in Lowry Crossing

  • Code violation citation — Issued for violating a city ordinance (weeds, trash, building without permit, noise, fence violations, etc.)
  • Traffic citation — Issued for traffic offenses within city limits
  • Class C misdemeanor — Fine-only criminal offenses (maximum $500 fine for most offenses; up to $2,000 for fire safety, zoning, public health, and sanitation violations per LGC § 54.001)

Your Deadline to Respond

  • You must respond within 20 business days of receiving the citation (Texas municipal court standard practice)
  • You can respond in person, by mail, or through an attorney
  • Failure to appear can result in:
  • An additional "Failure to Appear" charge
  • A warrant for your arrest (Capias Pro Fine warrant)
  • Denial of driver's license renewal by DPS
  • Additional fines and court costs

2. Your Three Plea Options

When you respond to a citation, you enter one of three pleas:

Plea of Guilty

  • You admit to committing the violation
  • The judge imposes a fine and court costs
  • A conviction goes on your record
  • You may request a payment plan if you cannot pay immediately

Plea of No Contest (Nolo Contendere)

  • You do not admit guilt but do not contest the charge
  • The judge may still find you guilty and impose a fine
  • You remain eligible for deferred disposition and defensive driving (for traffic offenses)
  • Often the best option if you want to use deferred disposition

Plea of Not Guilty

  • You deny committing the violation and assert your right to a trial
  • The court schedules a pretrial conference with the prosecutor
  • If not resolved at pretrial, a trial date is set
  • You have the right to a jury trial (6-person jury in municipal court) or a bench trial (judge only)
  • The city must prove the violation beyond a reasonable doubt (criminal standard)
  • You may subpoena witnesses and present evidence

3. Deferred Disposition — Getting Your Case Dismissed

Deferred disposition is the most common way to avoid a conviction on your record. Under Texas Code of Criminal Procedure Art. 45.051:

How It Works

  1. You plead guilty or no contest
  2. You waive your right to a jury trial
  3. The judge suspends proceedings for a set period (typically 90–180 days)
  4. You pay court costs and possibly a fine
  5. The judge may impose conditions (see below)
  6. If you comply with all conditions, the case is dismissed — no conviction on your record

Conditions the Judge May Impose

  • No additional citations or charges during the deferral period
  • Community service hours
  • Completion of a driver safety course (for traffic offenses)
  • Alcohol or tobacco awareness classes
  • Anger management or counseling
  • Maintain proof of insurance or vehicle registration
  • Keep the court updated on your current address

Who Is NOT Eligible

  • Holders of a Commercial Driver's License (CDL) for motor vehicle offenses
  • Offenses committed in a construction/work zone where workers were present
  • Speeding 25+ mph over the limit
  • Certain serious traffic violations (reckless driving, fleeing an officer, leaving the scene)
  • Defendants who received deferred disposition within the last 12 months

If You Fail to Comply

  • You must appear before the judge to explain
  • Failure to appear results in a conviction on your record
  • Increased fines may be imposed
  • A Capias Pro Fine warrant may be issued for your arrest
  • DPS may deny renewal of your driver's license

4. Trial Rights — Contesting Your Citation

If you plead not guilty and your case goes to trial, Texas law (CCP Chapter 45) guarantees you these rights:

Your Rights at Trial

  • Right to an attorney — You may hire an attorney or represent yourself
  • Right to a jury trial — 6-person jury in municipal court; you must request this
  • Right to confront witnesses — You can cross-examine the city's witnesses
  • Right to subpoena witnesses — The court can compel witnesses to attend
  • Right to remain silent — You cannot be forced to testify against yourself
  • Right to see the evidence — You are entitled to review all evidence before trial
  • Presumption of innocence — The city must prove the violation beyond a reasonable doubt
  • Rules of evidence apply — The same rules of evidence used in district court apply (CCP Art. 45.011)

Complaint Requirements

The city must file a valid complaint (the charging document) that:

  • Is in writing and sworn to
  • States your name
  • Describes the specific offense
  • Includes the date of the offense
  • Cites the specific ordinance violated
  • You are entitled to notice of the complaint at least one day before any proceeding (CCP Art. 45.018)

Defenses to Consider

  • The ordinance was not properly adopted or published
  • The city did not give adequate notice before citing you
  • The violation was corrected before the citation was issued
  • The ordinance is unconstitutionally vague or overbroad
  • You were not the responsible party (e.g., tenant vs. property owner)
  • The city's measurement or documentation is inaccurate
  • The citation was not issued within the statute of limitations

5. Appeals — Taking Your Case to a Higher Court

If you are found guilty in municipal court, you have the right to appeal under CCP Art. 45.042:

How to Appeal

  • File a written notice of appeal with the municipal court
  • Post an appeal bond (amount set by the judge; typically double the fine plus court costs)
  • The appeal goes to the Collin County Court at Law for a completely new trial ("trial de novo")
  • Once you file the appeal bond, all proceedings in municipal court stop — the city cannot collect fines or enforce the judgment

Appeal Deadline

  • You must file your appeal within 10 days of the judgment or sentencing
  • If you cannot afford the appeal bond, you may file a pauper's affidavit (affidavit of inability to pay)

What Happens on Appeal

  • The case starts fresh — as if the municipal court trial never happened
  • You get a new trial in county court with the same rights (jury trial, attorney, etc.)
  • The county court reviews the facts independently

6. Fines, Costs & Payment Options

Maximum Fines for Lowry Crossing Citations

| Violation Type | Maximum Fine |

|---|---|

| General ordinance violations | $500 per violation |

| Fire safety, zoning, public health/sanitation | $2,000 per violation |

| Each day a violation continues | Constitutes a separate offense |

Court Costs (Added to Fines)

  • Technology fund fee: $4.00 per conviction (Lowry Crossing Ord. § 7.02.002)
  • Building security fund fee: $3.00 per conviction (Lowry Crossing Ord. § 7.02.003)
  • State-mandated court costs are also assessed (consolidated fee set by state law)
  • Court costs apply even with deferred disposition or community supervision

Payment Options

  • Pay in full at time of conviction
  • Request a payment plan from the judge
  • Community service in lieu of fines — If you are indigent (cannot pay), the judge may order community service at a rate set by the court (typically $10/hour credited against fines)
  • Time credit — If you were jailed pending trial, you receive credit against fines (CCP Art. 45.041)

Indigent Defendants

  • If you cannot afford to pay fines, you cannot be jailed solely for inability to pay (Texas law)
  • You may request:
  • Extended payment plan
  • Community service
  • Reduction of fines
  • Waiver of fines in cases of extreme hardship

7. Code Enforcement — Civil Procedures (LGC Chapter 54)

Beyond criminal citations, the City of Lowry Crossing can also use civil enforcement under Texas Local Government Code Chapter 54:

Civil Action in Court

  • The city can file a civil lawsuit in Collin County District Court or County Court at Law to enforce ordinances related to:
  • Public safety (building codes, structural issues)
  • Fire safety
  • Zoning violations
  • Land subdivision rules
  • Dangerous or deteriorated structures
  • Public nuisances (refuse, vegetation creating pest breeding grounds)
  • Health and sanitation

Civil Penalties

  • Up to $1,000 per day for most ordinance violations
  • Up to $5,000 per day for discharge/sewage violations
  • The city must prove:
  1. You were actually notified of the ordinance provisions
  2. After notice, you violated the ordinance or failed to comply
  • You cannot be imprisoned for failing to pay a civil penalty (but contempt of court orders is different)

Abatement (City Fixes the Problem and Bills You)

  • If you fail to correct a violation after notice, the city may:
  • Enter your property to abate the nuisance (e.g., mow weeds, remove trash)
  • Charge you for the cost of abatement
  • Place a lien on your property for unpaid abatement costs
  • File a notice of lis pendens alerting prospective buyers of the enforcement action

Your Rights in Civil Enforcement

  • You must receive proper notice before any enforcement action
  • Notice must be by personal delivery, certified mail, or by posting on the property and publishing
  • You have the right to judicial review of any civil enforcement decision
  • The standard of proof is the civil standard (preponderance of evidence), not beyond a reasonable doubt

8. Key Contacts & Resources

Lowry Crossing Municipal Court

  • Court Clerk: City Secretary (per Ord. § 7.01.004)
  • Location: Lowry Crossing City Hall, 1405 FM 546, Lowry Crossing, TX 75069
  • Phone: 972-542-8678
  • Hours: Monday–Friday, 8:00 AM – 1:00 PM / 2:00 PM – 5:00 PM

Collin County Courts (for Appeals)

  • Collin County Court at Law — McKinney, TX
  • Collin County Courthouse: 2100 Bloomdale Rd, McKinney, TX 75071
  • Phone: 972-548-4100

Texas State Resources

  • Texas Code of Criminal Procedure, Chapter 45A: https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=45A
  • Texas Local Government Code, Chapter 54: https://statutes.capitol.texas.gov/Docs/LG/htm/LG.54.htm
  • Texas Bar Association — Guide to Traffic Court: Available at texasbar.com
  • Texas Municipal Courts Education Center (TMCEC): https://www.tmcec.com

9. Quick Reference — What to Do If You Get a Citation

  1. Don't ignore it. Respond within 20 business days or risk a warrant and additional charges.
  2. Read the citation carefully. Note the ordinance cited, alleged violation, court date, and any deadlines.
  3. Decide your plea:
  • Want to pay and move on? → Plead guilty or no contest
  • Want to avoid a conviction on your record? → Request deferred disposition (plead no contest)
  • Want to fight the charge? → Plead not guilty and request a trial
  1. Gather evidence. Take photos, save documents, get witness statements.
  2. Know your rights. You are presumed innocent. The city must prove the violation.
  3. Consider an attorney for serious charges or if the fines are significant.
  4. If found guilty and you disagree, you can appeal to Collin County Court within 10 days.
  5. If you can't afford fines, request community service or a payment plan — you cannot be jailed for inability to pay.