By: Raymond H.B. No. 2173
73R6589 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating the offense of trying a misdemeanor case in a
1-3 justice court with improper venue.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 39, Penal Code, is amended by adding
1-6 Section 39.05 to read as follows:
1-7 Sec. 39.05. IMPROPER VENUE IN JUSTICE COURT. (a) A justice
1-8 of the peace commits an offense if the justice knowingly tries a
1-9 misdemeanor case for which the justice court does not have proper
1-10 venue under Article 4.12 or 45.22, Code of Criminal Procedure.
1-11 (b) An offense under this section is punishable by a fine of
1-12 not less than $100 or more than $500.
1-13 (c) An offense under this section is a misdemeanor involving
1-14 official misconduct for the purpose of Article 4.05, Code of
1-15 Criminal Procedure.
1-16 SECTION 2. Section 3, Article 45.22, Code of Criminal
1-17 Procedure, is amended to read as follows:
1-18 Sec. 3. Any <justice of the peace,> constable or deputy
1-19 constable violating this Act shall be punished by a fine of not
1-20 less than $100 nor more than $500.
1-21 SECTION 3. (a) The change in law made by this Act applies
1-22 only to an offense committed on or after the effective date of this
1-23 Act. For purposes of this section, an offense is committed before
1-24 the effective date of this Act if any element of the offense occurs
2-1 before the effective date.
2-2 (b) An offense committed before the effective date of this
2-3 Act is covered by the law in effect when the offense was committed,
2-4 and the former law is continued in effect for that purpose.
2-5 SECTION 4. This Act takes effect September 1, 1993.
2-6 SECTION 5. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.