BILL ANALYSIS


                                                     C.S.S.B. 576
                                                        By: Brown
                                                 Criminal Justice
                                                          3-15-95
                                   Committee Report (Substituted)
BACKGROUND

In February 1995, Attorney General Opinion DM-320 ruled that the
justice courts do not have jurisdiction of the Texas Alcoholic
Beverage Commission 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 also said that the legislature has not given the
justice courts jurisdiction where such "sanctions" may be imposed.

PURPOSE

As proposed, C.S.S.B. 576 grants original jurisdiction to justices
of the peace in certain criminal misdemeanor cases.

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 criminal misdemeanor cases that require a justice of the
     peace to have original jurisdiction.
     
     (b)  Provides that the fact that a conviction in a justice
       court or municipal court has as a consequence the imposition
       of 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 court.
       
SECTION 2. Effective date: upon passage.

SECTION 3. Emergency clause.