By Place H.B. No. 1648
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminal jurisdiction of justice courts and certain
1-3 municipal courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 4.11, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 4.11. JURISDICTION OF JUSTICE COURTS. (a) Justices of
1-8 the peace shall have original jurisdiction in criminal cases:
1-9 (1) punishable by fine only; or
1-10 (2) punishable by:
1-11 (A) a fine; and
1-12 (B) as authorized by statute, a sanction not
1-13 consisting of confinement or imprisonment that is rehabilitative or
1-14 remedial in nature <where the fine to be imposed by law may not
1-15 exceed five hundred dollars>.
1-16 (b) The fact that a conviction in a justice court has as a
1-17 consequence the imposition of a penalty or sanction by an agency or
1-18 entity other than the court, such as a denial, suspension, or
1-19 revocation of a privilege, does not affect the original
1-20 jurisdiction of the justice court.
1-21 SECTION 2. Section 29.003, Government Code, is amended to
1-22 read as follows:
1-23 Sec. 29.003. Jurisdiction. (a) A municipal court,
1-24 including a municipal court of record, shall have <has> exclusive
2-1 original jurisdiction within the territorial limits of the
2-2 municipality in all criminal cases that:
2-3 (1) arise under the ordinances of the municipality;
2-4 and
2-5 (2) are punishable <only> by a fine not to exceed:
2-6 (A) $2,000 in all cases arising under municipal
2-7 ordinances that govern fire safety, zoning, or public health and
2-8 sanitation, including dumping of refuse; or
2-9 (B) $500 in all other cases arising under a
2-10 municipal ordinance.
2-11 (b) The municipal court has concurrent jurisdiction with the
2-12 justice court of a precinct in which the municipality is located in
2-13 all criminal cases arising under state law that:
2-14 (1) arise within the territorial limits of the
2-15 municipality; and
2-16 (2) are punishable only by a fine, as defined in
2-17 Subsection (c) of this section <not to exceed $500>.
2-18 (c) In this section, an offense which is punishable by "fine
2-19 only" is defined as an offense that is punishable by fine and such
2-20 sanctions as authorized by statute not consisting of confinement in
2-21 jail or imprisonment that are rehabilitative or remedial in nature.
2-22 (d) The fact that a conviction in a municipal court has as a
2-23 consequence the imposition of a penalty or sanction by an agency or
2-24 entity other than the court, such as a denial, suspension, or
2-25 revocation of a privilege, does not affect the original
2-26 jurisdiction of the municipal court.
2-27 (e) The municipal court has jurisdiction in the forfeiture
3-1 and final judgment of all bail bonds and personal bonds taken in
3-2 criminal cases of which the court has jurisdiction.
3-3 SECTION 3. Article 4.14, Code of Criminal Procedure, is
3-4 amended to read as follows:
3-5 Art. 4.14. JURISDICTION OF Municipal court. (a) A
3-6 municipal court, including a municipal court of record, shall have
3-7 exclusive original jurisdiction within the territorial limits of
3-8 the municipality in all criminal cases that:
3-9 (1) arise under the ordinances of the municipality;
3-10 and
3-11 (2) are punishable by a fine not to exceed:
3-12 (A) $2,000 in all cases arising under municipal
3-13 ordinances that govern fire safety, zoning, or public health and
3-14 sanitation, including dumping of refuse; or
3-15 (B) $500 in all other cases arising under a
3-16 municipal ordinance.
3-17 (b) The municipal court shall have concurrent jurisdiction
3-18 with the justice court of a precinct in which the municipality is
3-19 located in all criminal cases arising under state law that:
3-20 (1) arise within the territorial limits of the
3-21 municipality; and
3-22 (2) are punishable by fine only, as defined in
3-23 Subsection (c) of this article.
3-24 (c) In this article, an offense which is punishable by "fine
3-25 only" is defined as an offense that is punishable by fine and such
3-26 sanctions as authorized by statute not consisting of confinement in
3-27 jail or imprisonment that are rehabilitative or remedial in nature.
4-1 (d) The fact that a conviction in a municipal court has as a
4-2 consequence the imposition of a penalty or sanction by an agency or
4-3 entity other than the court, such as a denial, suspension, or
4-4 revocation of a privilege, does not affect the original
4-5 jurisdiction of the municipal court <All municipal courts,
4-6 including all municipal courts of record, in each incorporated
4-7 city, town or village of this State shall have exclusive original
4-8 jurisdiction within the corporate limits in all criminal cases in
4-9 which punishment is by fine only and where the maximum of such fine
4-10 does not exceed $2,000 in all cases arising under the ordinances of
4-11 such city, town or village that govern fire safety, zoning, or
4-12 public health and sanitation, including dumping of refuse and where
4-13 the maximum of such fine does not exceed $500 in all other cases
4-14 arising under the ordinances of such city, town or village, and
4-15 shall have concurrent jurisdiction with any justice of the peace in
4-16 any precinct in which the city, town or village is situated in all
4-17 criminal cases arising under the criminal laws of this State, in
4-18 which punishment is by fine only, and where the maximum of such
4-19 fine may not exceed $500, and arising within such corporate
4-20 limits>.
4-21 (e) The municipal court has jurisdiction in the forfeiture
4-22 and final judgment of all bail bonds and personal bonds taken in
4-23 criminal cases of which the court has jurisdiction.
4-24 SECTION 4. Section 30.035, Government Code, is amended to
4-25 read as follows:
4-26 Sec. 30.035. Jurisdiction. (a) A municipal court of record
4-27 created under this subchapter has the jurisdiction provided by
5-1 general law for a municipal court <within the territorial limits of
5-2 the city in all criminal cases arising under the ordinances of the
5-3 city>.
5-4 (b) <The court has concurrent jurisdiction with a justice of
5-5 the peace in any precinct in which the city is located in criminal
5-6 cases within the justice court jurisdiction that:>
5-7 <(1) arise within the territorial limits of the city;
5-8 and>
5-9 <(2) are punishable only by fine not to exceed $500.>
5-10 <(c)> The court has jurisdiction over cases arising outside
5-11 the territorial limits of the municipality <city> under ordinances
5-12 authorized by Sections 215.072, 217.042, 341.903, and 401.002,
5-13 Local Government Code.
5-14 SECTION 5. Section 30.263, Government Code, is amended to
5-15 read as follows:
5-16 Sec. 30.263. Jurisdiction. <(a)> A municipal court of
5-17 record created under this subchapter has the jurisdiction provided
5-18 by general law for a municipal court <within the territorial limits
5-19 of the city in all criminal cases arising under the ordinances of
5-20 the city>.
5-21 <(b) The court has concurrent jurisdiction with a justice
5-22 court in any precinct in which the city is located in criminal
5-23 cases within the justice court jurisdiction that:>
5-24 <(1) arise within the territorial limits of the city;
5-25 and>
5-26 <(2) are punishable only with a fine not to exceed
5-27 $500.>
6-1 SECTION 6. Section 30.653, Government Code, is amended to
6-2 read as follows:
6-3 Sec. 30.653. Jurisdiction. (a) A municipal court of record
6-4 created under this subchapter has the jurisdiction provided by
6-5 general law for a municipal court <within the territorial limits of
6-6 the city in all criminal cases arising under the ordinances of the
6-7 city>.
6-8 (b) <The court has concurrent jurisdiction with a justice of
6-9 the peace in any precinct in which the city is located in criminal
6-10 cases within the justice court jurisdiction that:>
6-11 <(1) arise within the territorial limits of the city;
6-12 and>
6-13 <(2) are punishable only by fine not to exceed $500.>
6-14 <(c)> The court has jurisdiction over cases arising outside
6-15 the territorial limits of the municipality <city> under ordinances
6-16 authorized by Sections 215.072, 217.042, 341.903, and 401.002,
6-17 Local Government Code <Subdivision 19, Article 1175, Revised
6-18 Statutes>.
6-19 SECTION 7. (a) The change in law made by this Act applies
6-20 only to jurisdiction for an offense committed on or after the
6-21 effective date of this Act. For the purposes of this section, an
6-22 offense is committed before the effective date of this Act if any
6-23 element of the offense occurs before the effective date.
6-24 (b) Jurisdiction for an offense committed before the
6-25 effective date of this Act is covered by the law in effect when the
6-26 offense was committed, and the former law is continued in effect
6-27 for that purpose.
7-1 SECTION 8. This Act takes effect September 1, 1995.
7-2 SECTION 9. The importance of this legislation and the
7-3 crowded condition of the calendars in both houses create an
7-4 emergency and an imperative public necessity that the
7-5 constitutional rule requiring bills to be read on three several
7-6 days in each house be suspended, and this rule is hereby suspended.