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.