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.

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