texas parking
Do Texas municipalities have to go to small claims court to collect on their civil fines?
<p>From <a href="https://law.stackexchange.com/a/76914/218">this answer in a related question</a> I'm told,</p>
<blockquote>
<p>This makes parking violations under municipal ordinances civil offenses punishable by civil fines imposed in administrative hearings before a &quot;hearing officer&quot; (i.e. a parking court judge). Failure to attend the hearing confesses liability but is not otherwise wrongful. <strong>An unpaid fine is enforced by a lawsuit rather than a criminal charge.</strong></p>
</blockquote>
<p>When it is said that an unpaid parking ticket is <em>&quot;enforced by a lawsuit&quot;</em>, does that mean (because the damages would be small) that the lawsuit would be forced to small claims court? I assume they can't clog district court with $100 citations.</p>

<p>Texas law on parking offenses is <a href="https://statutes.capitol.texas.gov/Docs/TN/htm/TN.682.htm" rel="noreferrer">Ch. 682 of the Transportation code</a>. After you work through the sections on creating ordinances and having a hearing, we get to enforcement in §682.010 – you have been ordered, at the hearing, to pay a fine. Enforcement can be by</p>
<blockquote>
<p>(1)  impounding the vehicle if the offender has committed three or
more vehicle parking or stopping offenses in a calendar year;</p>
<p>(2)  placing a device on the vehicle that prohibits movement of the
motor vehicle;</p>
<p>(3)  imposing an additional fine if the original fine is not paid
within a specified time;</p>
<p>(4)  denying issuance of or revoking a parking or operating permit, as
applicable;  or</p>
<p>(5)  filing an action to collect the fine, cost, or fee in a court of
competent jurisdiction.</p>
<p>(b)  An action to collect a fine, cost, or fee under Subsection (a)(5)
must be brought:</p>
<p>(1)  in the name of the municipality served by the hearing officer;
and</p>
<p>(2)  in a county in which all or part of that municipality is located.</p>
</blockquote>
<p>The first 4 options do not require further legal process, they just do it (small claims court cannot order seizure of a vehicle). To get money from you, they have to go to court, and it can be any court in that county. The <a href="https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH26PA_ARTIINGE_DIV1PA_S26-10PEVICH" rel="noreferrer">Houston ordinance</a> does not add anything beyond saying what kind of parking is forbidden and what the fine is.</p>
<p>Texas law doesn't go beyond saying &quot;court of competent jurisdiction&quot;. Small claims court functions to make a basic legal determination that a party owes money, but that determination has already been made in the case of a traffic fine. Enforcement would be obtained through justice court.</p>
