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.