1-1 By: Solomons (Senate Sponsor - Wentworth) H.B. No. 1291
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 13, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 13, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the jurisdiction of justice and municipal courts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Article 4.11(a), Code of Criminal Procedure, is
1-11 amended to read as follows:
1-12 (a) Justices of the peace shall have original jurisdiction
1-13 in criminal cases:
1-14 (1) punishable by fine only; or
1-15 (2) punishable by:
1-16 (A) a fine; and
1-17 (B) as authorized by statute, a sanction not
1-18 consisting of confinement or imprisonment [that is rehabilitative
1-19 or remedial in nature].
1-20 SECTION 2. Article 4.14(c), Code of Criminal Procedure, is
1-21 amended to read as follows:
1-22 (c) In this article, an offense which is punishable by "fine
1-23 only" is defined as an offense that is punishable by fine and such
1-24 sanctions, if any, as authorized by statute not consisting of
1-25 confinement in jail or imprisonment [that are rehabilitative or
1-26 remedial in nature].
1-27 SECTION 3. Section 29.003(c), Government Code, is amended to
1-28 read as follows:
1-29 (c) In this section, an offense which is punishable by "fine
1-30 only" is defined as an offense that is punishable by fine and such
1-31 sanctions, if any, as authorized by statute not consisting of
1-32 confinement in jail or imprisonment [that are rehabilitative or
1-33 remedial in nature].
1-34 SECTION 4. (a) The change in law made by this Act applies
1-35 only to jurisdiction for the trial of an offense committed on or
1-36 after the effective date of this Act. For purposes of this
1-37 section, an offense is committed before the effective date of this
1-38 Act if any element of the offense occurs before the effective date.
1-39 (b) Jurisdiction for the trial of an offense committed
1-40 before the effective date of this Act is covered by the law in
1-41 effect when the offense was committed, and the former law is
1-42 continued in effect for that purpose.
1-43 SECTION 5. This Act takes effect September 1, 1997.
1-44 SECTION 6. The importance of this legislation and the
1-45 crowded condition of the calendars in both houses create an
1-46 emergency and an imperative public necessity that the
1-47 constitutional rule requiring bills to be read on three several
1-48 days in each house be suspended, and this rule is hereby suspended.
1-49 * * * * *