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                               * * * * *