PMWJ C.S.H.B. 1291 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 1291 By: Solomons C.S.H.B. 1291 By: Clark 4-9-97 Committee Report (Substituted) BACKGROUND Justice and municipal courts are currently authorized to impose a sanction not consisting of confinement or imprisonment "that is rehabilitative or remedial in nature." Some courts have found that sentencing a person to community service is a punitive sanction that is not rehabilitative or remedial in nature. PURPOSE H.B. 1291 would clarify that municipal and justice courts have jurisdiction to authorize the imposition of community service for violating certain ordinances or statutes. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Article 4.11(a) of the Code of Criminal Procedure to delete "that is rehabilitative or remedial in nature" from the statute authorizing justices of the peace to impose sanctions not consisting of confinement or imprisonment. SECTION 2 amends Art. 4.14(c) of the Code of Criminal Procedure to delete "that are rehabilitative or remedial in nature" from the type of sanctions a municipal court may impose. SECTION 3 amends Tex. Gov't Code ' 29.003(c) to delete "that are rehabilitative or remedial in nature" from the definition of offenses punishable by fine only and adds "if any" following sanctions in the definition of "fine only" (which includes offenses punishable by fine and such sanctions as authorized by statute). SECTION 4. Application of act. SECTION 5. Effective date. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill did not include Section 1 of the substitute which amends the authority of justices of the peace to impose sanctions not consisting of confinement or imprisonment.