By Solomons                                           H.B. No. 1291

         75R8726 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the jurisdiction of justice and municipal courts.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 4.11(a), Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           (a)  Justices of the peace shall have original jurisdiction

 1-7     in criminal cases:

 1-8                 (1)  punishable by fine only;  or

 1-9                 (2)  punishable by:

1-10                       (A)  a fine; and

1-11                       (B)  as authorized by statute, a sanction not

1-12     consisting of confinement or imprisonment [that is rehabilitative

1-13     or remedial in nature].

1-14           SECTION 2.  Article 4.14(c), Code of Criminal Procedure, is

1-15     amended to read as follows:

1-16           (c)  In this article, an offense which is punishable by "fine

1-17     only" is defined as an offense that is punishable by fine and such

1-18     sanctions, if any,  as authorized by statute not consisting of

1-19     confinement in jail or imprisonment [that are rehabilitative or

1-20     remedial in nature].

1-21           SECTION 3.  Section 29.003(c), Government Code, is amended to

1-22     read as follows:

1-23           (c)  In this section, an offense which is punishable by "fine

1-24     only" is defined as an offense that is punishable by fine and such

 2-1     sanctions, if any, as authorized by statute not consisting of

 2-2     confinement in jail or imprisonment [that are rehabilitative or

 2-3     remedial in nature].

 2-4           SECTION 4.  (a)  The change in law made by this Act applies

 2-5     only to jurisdiction for the trial of an offense committed on or

 2-6     after the effective date of this Act.  For purposes of this

 2-7     section, an offense is committed before the effective date of this

 2-8     Act if any element of the offense occurs before the effective date.

 2-9           (b)  Jurisdiction for the trial of an offense committed

2-10     before the effective date of this Act is covered by the law in

2-11     effect when the offense was committed, and the former law is

2-12     continued in effect for that purpose.

2-13           SECTION 5.  This Act takes effect September 1, 1997.

2-14           SECTION 6.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.