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.