BILL ANALYSIS


                                                        H.B. 1648
                                                By: Place (Brown)
                                                 Criminal Justice
                                                         05-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, some uncertainty exists regarding the jurisdiction of
justice courts and municipal courts for certain offenses.

PURPOSE

As proposed, H.B. 1648 clarifies the jurisdiction of justice and
municipal courts for certain offenses.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 4.11, Code of Criminal Procedure, as
follows:

     Art. 4.11.  JURISDICTION OF JUSTICE COURTS.  (a)  Sets forth
     the conditions in which justices of the peace have original
     jurisdiction in criminal cases.
     
     (b)  Provides that the fact that a conviction in a justice
       court has as a consequence the imposition of a penalty or
       sanction by an agency or entity other than the court, such
       as a denial, suspension, or revocation of a privilege, does
       not affect the original jurisdiction of the justice courts.
       
SECTION 2. Amends Section 29.003, Government Code, as follows:

     Sec. 29.003.  (a)  Requires a municipal court to have
     exclusive original jurisdiction within territorial limits of
     the municipality in certain criminal cases, including cases
     punishable by a fine not to exceed $500 arising under a
     municipal ordinance.
     
     (b)  Makes a conforming change.
       
       (c)  Defines "fine only."
       
       (d)  Provides that the fact that a conviction in a municipal
       court has as a consequence the imposition of a penalty or
       sanction by an agency or entity other than the court, such
       as a denial, suspension, or revocation of a privilege, does
       not affect the original jurisdiction of the municipal court.
       
       (e)  Created from existing text.
       
SECTION 3. Amends Article 4.14, Code of Criminal Procedure, as
follows:

     Art. 4.14.  New heading: JURISDICTION OF MUNICIPAL COURT.  (a) 
     Sets forth the conditions in which a municipal court has
     original jurisdiction in criminal cases.
     
     (b)  Requires the municipal court to have concurrent
       jurisdiction with the justice court of a precinct in which
       the municipality is located in all criminal cases arising
       under state law that arise within the territorial limits of
       the municipality and are punishable by fine only, as defined
       in Subsection (c) of this article.
       
       (c)  Defines "fine only."
       
       (d)  Provides that the fact that a conviction in a municipal
       court has as a consequence the imposition of a penalty or
       sanction by an agency or entity other than the court, such
       as a denial, suspension, or revocation of a privilege, does
       not affect the original jurisdiction of the municipal court. 
       Deletes existing Sbusection (d).
       
       (e)  Created from existing text.
       
SECTION 4. Amends Section 30.035, Government Code, to delete
Subsection (b) and make conforming and nonsubstantive changes.

SECTION 5. Amends Section 30.263, Government Code, to delete
Subsection (b) and make conforming and nonsubstantive changes.

SECTION 6. Amends Section 30.653, Government Code, to delete
Subsection (b).  Provides that a municipal court of record has
jurisdiction over cases arising outside the territorial limits of
the municipality under ordinances authorized by Section 215.072,
217.042, 341.903, and 401.002, Local Government Code. Makes
conforming and nonsubstantive changes.

SECTION 7. Makes application of this Act prospective.

SECTION 8. Effective date: September 1, 1995.

SECTION 9. Emergency clause.