BILL ANALYSIS H.B. 1648 By: Place 3-28-95 Committee Report (Unamended) BACKGROUND Recent Attorney General opinions have produced doubt regarding the jurisdiction of justice courts over certain misdemeanors. In December, 1993, A.G. Opinion 277 ruled that certain language in Section 4.11, Code of Criminal Procedure, was void because it limited the criminal jurisdiction of justice courts to crimes punishable by a maximum fine of $500. The Texas Constitution grants justice courts original jurisdiction of all misdemeanor offenses that are "punishable by fine only," and does not limit the fine amount. Section 12, Penal Code, was amended in 1993, raising the fines on Class C misdemeanors to $500. In responding to a request by the Texas Alcoholic Beverage Commission, A.G. Opinion DM-320, February, 1995, ruled that justice courts do not have jurisdiction of prosecutions of the Texas Alcoholic Beverage Code offenses of minor in possession, consumption of alcohol by a minor, and an adult selling alcohol to a minor, because the offenses include a "sanction" of alcohol awareness courses. The opinion went on to say that the legislature has not given the justice courts jurisdiction where such "sanctions" are to be imposed. PURPOSE If enacted, HB 1648 would clarify the jurisdiction of justice courts to include offenses for which punishments include sanctions, such as alcohol awareness and driver safety courses, as well as a fine of up to $500. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Art. 4.11, Code of Criminal Procedure, JURISDICTION OF JUSTICE COURTS, as follows: (a) gives justice courts original jurisdiction in criminal cases that are punishable by fine only, or punishable by fine and an authorized sanction, not consisting of confinement or imprisonment, that is rehabilitative or remedial in nature. (b) clarifies that a sanction imposed by an entity other than the court, such as a suspension, denial, or revocation of a privilege, does not affect the original jurisdiction of the Justice Court. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION On March 27, 1995, H.B. 1648 was considered in a public hearing. The following persons testified in favor of the bill: Cletis Millsap, Justice of the Peace Hopkins County, representing himself; and Bill Lewis, representing Mothers Against Drunk Driving. H.B. 1648 was left pending in committee. On March 28, 1995, H.B. 1648 was considered in a formal meeting. H.B. 1648 was reported favorably, without amendments, with the recommendation that it do pass and be printed by a record vote of 8 ayes, 0 nays, 0 pnv, and 1 absent.