By Solomons H.B. No. 2295
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of municipal courts in certain
1-3 misdemeanor cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 29, Government Code, Section 29.003, is
1-6 amended to read as follows:
1-7 Sec. 29.003. Jurisdiction. (a) A municipal court,
1-8 including a municipal court of record, shall have <has> exclusive
1-9 original jurisdiction within the territorial limits of the
1-10 municipality in all criminal cases that:
1-11 (1) arise under the ordinances of the municipality;
1-12 and
1-13 (2) are punishable by <only> a fine not to exceed:
1-14 (A) $2,000 in all cases arising under municipal
1-15 ordinances that govern fire safety, zoning, or public health and
1-16 sanitation, including dumping of refuse; or
1-17 (B) $500 in all other municipal ordinance cases.
1-18 (b) The municipal court shall have jurisdiction <has
1-19 concurrent jurisdiction with the justice court of a precinct in
1-20 which the municipality is located> in all criminal cases arising
1-21 under state law that:
1-22 (1) arising within the territorial limits of the
1-23 municipality; and
2-1 <(2) are punishable only by a fine not to exceed
2-2 $500.>
2-3 (2) are punishable by fine only, as defined in
2-4 Subsection (c) of this article; or
2-5 (3) are punishable as Class C misdemeanors under
2-6 Sections 12.23 and 12.41, Penal Code; or
2-7 (c) In this article, an offense which is "punishable by fine
2-8 only" is an offense which is punishable by fine but not by
2-9 confinement in jail and which is punishable by:
2-10 (1) a penalty assessed by the municipal court, in
2-11 addition to or in lieu of a fine, that is rehabilitative or
2-12 remedial in nature, including but not limited to:
2-13 (A) approved driving safety courses;
2-14 (B) alcohol awareness courses;
2-15 (C) community service;
2-16 (D) peace bonds;
2-17 (E) drivers' license suspensions or revocations;
2-18 (F) penalties as otherwise provided by law; or
2-19 (2) penalties assessed by other entities or agencies,
2-20 including but not limited to license suspensions or revocations.
2-21 (d) <(e)> The municipal court has jurisdiction in the
2-22 forfeiture and final judgment of all bail bonds and personal bonds
2-23 taken in criminal cases of which the court has jurisdiction.
2-24 SECTION 2. Texas Code of Criminal Procedure, Article 4.14,
2-25 is amended to read as follows:
3-1 Art. 4.14. Jurisdiction of Municipal Court (a) A municipal
3-2 court, including a municipal court of record, shall have exclusive
3-3 original jurisdiction within the territorial limits of the
3-4 municipality in all criminal cases that:
3-5 (1) arise under the ordinances of the municipality;
3-6 and
3-7 (2) are punishable by a fine not to exceed:
3-8 (A) $2,000 in all cases arising under municipal
3-9 ordinances that govern fire safety, zoning, or public health and
3-10 sanitation, including dumping of refuse; or
3-11 (B) $500 in all other municipal ordinance cases.
3-12 (b) The municipal court shall have jurisdiction in all
3-13 criminal cases arising under state law that:
3-14 (1) arise within the territorial limits of the
3-15 municipality; and
3-16 (2) are punishable by fine only, as defined in
3-17 Subsection (c) of this article; or
3-18 (3) are punishable as Class C misdemeanors under
3-19 Sections 12.23 and 12.41, Penal Code; or
3-20 (c) In this article, an offense which is "punishable by fine
3-21 only" is an offense which is punishable by fine but not by
3-22 confinement in jail and which is punishable by:
3-23 (1) a penalty assessed by the municipal court, in
3-24 addition to or in lieu of a fine, that is rehabilitative or
3-25 remedial in nature, including but not limited to:
4-1 (A) approved driving safety courses;
4-2 (B) alcohol awareness courses;
4-3 (C) community service;
4-4 (D) peace bonds;
4-5 (E) drivers' license suspensions or revocations;
4-6 (F) penalties as otherwise provided by law; or
4-7 (2) penalties assessed by other entities or agencies,
4-8 including but not limited to license suspensions or revocations.
4-9 (d) The municipal court has jurisdiction in the forfeiture
4-10 and final judgment of all bail bonds and personal bonds taken in
4-11 criminal cases of which the court has jurisdiction. <All municipal
4-12 courts, including all municipal courts of record, in each
4-13 incorporated city, town or village of this State shall have
4-14 exclusive original jurisdiction within the corporate limits in all
4-15 criminal cases in which punishment is by fine only and where the
4-16 maximum of such fine does not exceed $2,000 in all cases arising
4-17 under the ordinances of such city, town or village that govern fire
4-18 safety, zoning, or public health and sanitation, including dumping
4-19 of refuse and where the maximum of such fine does not exceed $500
4-20 in all other cases arising under the ordinances of such city, town
4-21 or village, and shall have concurrent jurisdiction with any justice
4-22 of the peace in any precinct in which the city, town or village is
4-23 situated in all criminal cases arising under the criminal laws of
4-24 this State, in which punishment is by fine only, and where the
4-25 maximum of such fine may not exceed $500, and arising within such
5-1 corporate limits. The municipal court has jurisdiction in the
5-2 forfeiture and final judgment of all bail bonds and personal bonds
5-3 taken in criminal cases of which the court has jurisdiction.>
5-4 SECTION 3. Subchapter P, Chapter 30, Government Code Section
5-5 30.485 is amended to read as follows:
5-6 (a) A municipal court of record shall not have less
5-7 jurisdiction than that provided by general law for municipal
5-8 courts.
5-9 (b) The court has jurisdiction of criminal cases arising
5-10 under ordinances authorized by Subdivision 19, Article 1175,
5-11 Revised Statutes.
5-12 SECTION 4. This Act takes effect September 1, 1995.
5-13 SECTION 5. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.