1-1 By: Place (Senate Sponsor - Brown) H.B. No. 1648
1-2 (In the Senate - Received from the House April 12, 1995;
1-3 April 18, 1995, read first time and referred to Committee on
1-4 Criminal Justice; May 17, 1995, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 17, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the criminal jurisdiction of justice courts and certain
1-9 municipal courts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 4.11, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 4.11. JURISDICTION OF JUSTICE COURTS. (a) Justices of
1-14 the peace shall have original jurisdiction in criminal cases:
1-15 (1) punishable by fine only; or
1-16 (2) punishable by:
1-17 (A) a fine; and
1-18 (B) as authorized by statute, a sanction not
1-19 consisting of confinement or imprisonment that is rehabilitative or
1-20 remedial in nature <where the fine to be imposed by law may not
1-21 exceed five hundred dollars>.
1-22 (b) The fact that a conviction in a justice court has as a
1-23 consequence the imposition of a penalty or sanction by an agency or
1-24 entity other than the court, such as a denial, suspension, or
1-25 revocation of a privilege, does not affect the original
1-26 jurisdiction of the justice court.
1-27 SECTION 2. Section 29.003, Government Code, is amended to
1-28 read as follows:
1-29 Sec. 29.003. Jurisdiction. (a) A municipal court,
1-30 including a municipal court of record, shall have <has> exclusive
1-31 original jurisdiction within the territorial limits of the
1-32 municipality in all criminal cases that:
1-33 (1) arise under the ordinances of the municipality;
1-34 and
1-35 (2) are punishable <only> by a fine not to exceed:
1-36 (A) $2,000 in all cases arising under municipal
1-37 ordinances that govern fire safety, zoning, or public health and
1-38 sanitation, including dumping of refuse; or
1-39 (B) $500 in all other cases arising under a
1-40 municipal ordinance.
1-41 (b) The municipal court has concurrent jurisdiction with the
1-42 justice court of a precinct in which the municipality is located in
1-43 all criminal cases arising under state law that:
1-44 (1) arise within the territorial limits of the
1-45 municipality; and
1-46 (2) are punishable only by a fine, as defined in
1-47 Subsection (c) of this section <not to exceed $500>.
1-48 (c) In this section, an offense which is punishable by "fine
1-49 only" is defined as an offense that is punishable by fine and such
1-50 sanctions as authorized by statute not consisting of confinement in
1-51 jail or imprisonment that are rehabilitative or remedial in nature.
1-52 (d) The fact that a conviction in a municipal court has as a
1-53 consequence the imposition of a penalty or sanction by an agency or
1-54 entity other than the court, such as a denial, suspension, or
1-55 revocation of a privilege, does not affect the original
1-56 jurisdiction of the municipal court.
1-57 (e) The municipal court has jurisdiction in the forfeiture
1-58 and final judgment of all bail bonds and personal bonds taken in
1-59 criminal cases of which the court has jurisdiction.
1-60 SECTION 3. Article 4.14, Code of Criminal Procedure, is
1-61 amended to read as follows:
1-62 Art. 4.14. JURISDICTION OF Municipal court. (a) A
1-63 municipal court, including a municipal court of record, shall have
1-64 exclusive original jurisdiction within the territorial limits of
1-65 the municipality in all criminal cases that:
1-66 (1) arise under the ordinances of the municipality;
1-67 and
1-68 (2) are punishable by a fine not to exceed:
2-1 (A) $2,000 in all cases arising under municipal
2-2 ordinances that govern fire safety, zoning, or public health and
2-3 sanitation, including dumping of refuse; or
2-4 (B) $500 in all other cases arising under a
2-5 municipal ordinance.
2-6 (b) The municipal court shall have concurrent jurisdiction
2-7 with the justice court of a precinct in which the municipality is
2-8 located in all criminal cases arising under state law that:
2-9 (1) arise within the territorial limits of the
2-10 municipality; and
2-11 (2) are punishable by fine only, as defined in
2-12 Subsection (c) of this article.
2-13 (c) In this article, an offense which is punishable by "fine
2-14 only" is defined as an offense that is punishable by fine and such
2-15 sanctions as authorized by statute not consisting of confinement in
2-16 jail or imprisonment that are rehabilitative or remedial in nature.
2-17 (d) The fact that a conviction in a municipal court has as a
2-18 consequence the imposition of a penalty or sanction by an agency or
2-19 entity other than the court, such as a denial, suspension, or
2-20 revocation of a privilege, does not affect the original
2-21 jurisdiction of the municipal court <All municipal courts,
2-22 including all municipal courts of record, in each incorporated
2-23 city, town or village of this State shall have exclusive original
2-24 jurisdiction within the corporate limits in all criminal cases in
2-25 which punishment is by fine only and where the maximum of such fine
2-26 does not exceed $2,000 in all cases arising under the ordinances of
2-27 such city, town or village that govern fire safety, zoning, or
2-28 public health and sanitation, including dumping of refuse and where
2-29 the maximum of such fine does not exceed $500 in all other cases
2-30 arising under the ordinances of such city, town or village, and
2-31 shall have concurrent jurisdiction with any justice of the peace in
2-32 any precinct in which the city, town or village is situated in all
2-33 criminal cases arising under the criminal laws of this State, in
2-34 which punishment is by fine only, and where the maximum of such
2-35 fine may not exceed $500, and arising within such corporate
2-36 limits>.
2-37 (e) The municipal court has jurisdiction in the forfeiture
2-38 and final judgment of all bail bonds and personal bonds taken in
2-39 criminal cases of which the court has jurisdiction.
2-40 SECTION 4. Section 30.035, Government Code, is amended to
2-41 read as follows:
2-42 Sec. 30.035. Jurisdiction. (a) A municipal court of record
2-43 created under this subchapter has the jurisdiction provided by
2-44 general law for a municipal court <within the territorial limits of
2-45 the city in all criminal cases arising under the ordinances of the
2-46 city>.
2-47 (b) <The court has concurrent jurisdiction with a justice of
2-48 the peace in any precinct in which the city is located in criminal
2-49 cases within the justice court jurisdiction that:>
2-50 <(1) arise within the territorial limits of the city;
2-51 and>
2-52 <(2) are punishable only by fine not to exceed $500.>
2-53 <(c)> The court has jurisdiction over cases arising outside
2-54 the territorial limits of the municipality <city> under ordinances
2-55 authorized by Sections 215.072, 217.042, 341.903, and 401.002,
2-56 Local Government Code.
2-57 SECTION 5. Section 30.263, Government Code, is amended to
2-58 read as follows:
2-59 Sec. 30.263. Jurisdiction. <(a)> A municipal court of
2-60 record created under this subchapter has the jurisdiction provided
2-61 by general law for a municipal court <within the territorial limits
2-62 of the city in all criminal cases arising under the ordinances of
2-63 the city>.
2-64 <(b) The court has concurrent jurisdiction with a justice
2-65 court in any precinct in which the city is located in criminal
2-66 cases within the justice court jurisdiction that:>
2-67 <(1) arise within the territorial limits of the city;
2-68 and>
2-69 <(2) are punishable only with a fine not to exceed
2-70 $500.>
3-1 SECTION 6. Section 30.653, Government Code, is amended to
3-2 read as follows:
3-3 Sec. 30.653. Jurisdiction. (a) A municipal court of record
3-4 created under this subchapter has the jurisdiction provided by
3-5 general law for a municipal court <within the territorial limits of
3-6 the city in all criminal cases arising under the ordinances of the
3-7 city>.
3-8 (b) <The court has concurrent jurisdiction with a justice of
3-9 the peace in any precinct in which the city is located in criminal
3-10 cases within the justice court jurisdiction that:>
3-11 <(1) arise within the territorial limits of the city;
3-12 and>
3-13 <(2) are punishable only by fine not to exceed $500.>
3-14 <(c)> The court has jurisdiction over cases arising outside
3-15 the territorial limits of the municipality <city> under ordinances
3-16 authorized by Sections 215.072, 217.042, 341.903, and 401.002,
3-17 Local Government Code <Subdivision 19, Article 1175, Revised
3-18 Statutes>.
3-19 SECTION 7. (a) The change in law made by this Act applies
3-20 only to jurisdiction for an offense committed on or after the
3-21 effective date of this Act. For the purposes of this section, an
3-22 offense is committed before the effective date of this Act if any
3-23 element of the offense occurs before the effective date.
3-24 (b) Jurisdiction for an offense committed before the
3-25 effective date of this Act is covered by the law in effect when the
3-26 offense was committed, and the former law is continued in effect
3-27 for that purpose.
3-28 SECTION 8. This Act takes effect September 1, 1995.
3-29 SECTION 9. The importance of this legislation and the
3-30 crowded condition of the calendars in both houses create an
3-31 emergency and an imperative public necessity that the
3-32 constitutional rule requiring bills to be read on three several
3-33 days in each house be suspended, and this rule is hereby suspended.
3-34 * * * * *