By Tillery                                      H.B. No. 2989

      75R7270 JSA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the procedures governing the prosecution and

 1-3     administration of misdemeanor offenses in the jurisdiction of the

 1-4     justice and municipal courts.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  The heading to Chapter 45, Code of Criminal

 1-7     Procedure, is amended to read as follows:

 1-8           CHAPTER 45. JUSTICE AND MUNICIPAL [CORPORATION] COURTS

 1-9           SECTION 2.  Chapter 45, Code of Criminal Procedure, is

1-10     amended by adding a new Subchapter A to read as follows:

1-11                      SUBCHAPTER A. GENERAL PROVISIONS

1-12           Art. 45.001.  OBJECTIVES OF CHAPTER.  The purpose of this

1-13     chapter is to establish procedures for processing cases that come

1-14     within the criminal jurisdiction of the justice courts and

1-15     municipal courts.  This chapter is intended and shall be construed

1-16     to achieve the following objectives:

1-17                 (1)  to provide fair notice to and a meaningful

1-18     opportunity to be heard by a person appearing in a criminal

1-19     proceeding before a justice or municipal court;

1-20                 (2)  to ensure appropriate dignity in court procedure

1-21     without undue formalism;

1-22                 (3)  to promote adherence to rules with sufficient

1-23     flexibility to serve the ends of justice; and

1-24                 (4)  to process cases without unnecessary expense or

 2-1     delay.

 2-2           Art. 45.002.  APPLICATION OF CHAPTER.  Criminal proceedings

 2-3     in the justice and municipal courts shall be conducted in

 2-4     accordance with this chapter, including any other rules of

 2-5     procedure specifically made applicable to those proceedings by this

 2-6     chapter.  If this chapter does not provide a rule of procedure

 2-7     governing any aspect of a case, the justice or judge shall apply

 2-8     the other general provisions of this code to the extent necessary

 2-9     to achieve the objectives of this chapter.

2-10           SECTION 3.  The articles of Chapter 45, Code of Criminal

2-11     Procedure, added or redesignated by this Act as Articles 45.011

2-12     through 45.053, Code of Criminal Procedure, are designated as

2-13     Subchapter B of Chapter 45, Code of Criminal Procedure, and a

2-14     heading is added to that subchapter to read as follows:

2-15         SUBCHAPTER B.  PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS

2-16           SECTION 4.  Article 45.38, Code of Criminal Procedure, is

2-17     redesignated as Article 45.011 and amended to read as follows:

2-18           Art. 45.011  [45.38].  RULES OF EVIDENCE.   The rules of

2-19     evidence that [which] govern the trials of criminal actions in the

2-20     district  court [shall] apply to a criminal proceeding [such

2-21     actions] in a justice or municipal court [courts].

2-22           SECTION 5.  Article 45.021, Code of Criminal Procedure, is

2-23     redesignated as Article 45.012 and amended to read as  follows:

2-24           Art. 45.012 [45.021].  ELECTRONICALLY CREATED RECORDS.  (a)

2-25     Notwithstanding any other provision of law, a document  that is

2-26     issued by a justice or municipal court may be created by electronic

2-27     means, including optical imaging, optical disk, or other electronic

 3-1     reproduction technique that does not permit changes, additions, or

 3-2     deletions to the originally created document.

 3-3           (b)  The court may use electronic means to:

 3-4                 (1)  produce a document required by law to be written;

 3-5     or

 3-6                 (2)  record an instrument, paper, or notice that is

 3-7     permitted or required by law to be recorded or filed.

 3-8           (c)  The court shall maintain original documents as provided

 3-9     by law.

3-10           (d)  A record created by electronic means is an original

3-11     record or a certification of the original record.

3-12           (e)  A printed copy of an optical image of the original

3-13     record printed from an optical disk system is an accurate copy of

3-14     the original record.

3-15           (f)  A justice or municipal court may create a court seal if

3-16     required by law by electronic means, including optical imaging,

3-17     optical disk, or other electronic reproduction technique that does

3-18     not permit additions, changes, or deletions to an original document

3-19     created by the same type of system.

3-20           SECTION 6.  Article 45.18, Code of Criminal Procedure, is

3-21     redesignated as Article 45.014 and amended to read as follows:

3-22           Art. 45.014 [45.18].  WARRANT OF ARREST [SHALL ISSUE].  (a)

3-23     When a sworn complaint based on  probable cause has been filed

3-24     before the justice or municipal court [the requirements of the

3-25     preceding Article have been complied with], the  justice or judge

3-26     may [shall] issue a warrant for the arrest of the accused and

3-27     deliver the same to the proper officer to be executed.

 4-1           (b)  The warrant is sufficient if:

 4-2                 (1)  it is issued in the name of "The State of Texas";

 4-3                 (2)  it is directed to the proper sheriff, constable,

 4-4     or some other person specifically named in the warrant;

 4-5                 (3)  it includes a command that the body of the accused

 4-6     be taken, and brought before the authority issuing the warrant, at

 4-7     the time and place stated in the warrant;

 4-8                 (4)  it states the name of the person whose arrest is

 4-9     ordered, if known, or if not known, it  describes the person as in

4-10     the complaint;

4-11                 (5)  it states that the person is accused of some

4-12     offense against the laws of this state, naming the offense; and

4-13                 (6)  it is signed by the justice or judge, naming the

4-14     office of the justice or judge in the body of the warrant or in

4-15     connection with  the signature of the justice or judge.

4-16           (c)  Chapter 15 applies to a warrant of arrest issued under

4-17     this article, except as inconsistent or in conflict with this

4-18     chapter.

4-19           SECTION 7.  Article 45.43, Code of Criminal Procedure, is

4-20     redesignated as Article 45.015 and amended to read as follows:

4-21           Art. 45.015 [45.43].  DEFENDANT PLACED IN JAIL.  Whenever, by

4-22     the provisions of this title, the peace officer is authorized to

4-23     retain a defendant in custody, the peace officer [he] may place the

4-24     defendant [him] in jail in accordance with this code [or any other

4-25     place where he can be safely kept].

4-26           SECTION 8.  Article 45.41, Code of Criminal Procedure, is

4-27     redesignated as Article 45.016 and amended to read as follows:

 5-1           Art. 45.016 [45.41].  [DEFENDANT TO GIVE] BAIL.  The [In case

 5-2     of adjournment, the] justice or judge may [shall] require the

 5-3     defendant to give bail for the defendant's [his] appearance in

 5-4     accordance with this code. If the defendant [he] fails to give

 5-5     bail, the defendant [he] may be held in custody.

 5-6           SECTION 9.  Article 45.13, Code of Criminal Procedure, is

 5-7     redesignated as Article 45.017 and amended to read as follows:

 5-8           Art. 45.017 [45.13].  CRIMINAL DOCKET.  (a)  The justice or

 5-9     judge of each court, or the clerk of the court, [Each justice of

5-10     the peace and each municipal court judge] shall  keep a docket

5-11     containing the following information [in which he shall enter the

5-12     proceedings in each trial had before him, which docket shall show]:

5-13                 (1)  the [1. The] style and file number of each

5-14     criminal [the] action;

5-15                 (2)  the [2. The] nature of the offense charged;

5-16                 (3)  the plea offered by the defendant and the date the

5-17     plea was entered;

5-18                 (4)  the [3.  The] date the warrant, if any, was issued

5-19     and the return made thereon;

5-20                 (5)  the date [4.  The time when] the examination or

5-21     trial was held [had], and if a trial was held, whether it was by a

5-22     jury  or by the justice or judge [himself];

5-23                 (6)  the [5.  The] verdict of the jury, if any, and the

5-24     date of the verdict;

5-25                 (7)  the [6.  The] judgment and sentence of the court,

5-26     and the date each was given;

5-27                 (8)  the motion [7.  Motion] for new trial, if any, and

 6-1     the decision thereon; and

 6-2                 (9)  whether [8.  If] an appeal was taken and the date

 6-3     of that action[; and]

 6-4           [9.  The time when, and the manner in which, the judgment and

 6-5     sentence was enforced].

 6-6           (b)  The information in the docket may be processed and

 6-7     stored by the use of electronic data processing equipment, at the

 6-8     discretion of the justice of the peace or the municipal court

 6-9     judge.

6-10           SECTION 10.  Subchapter B, Chapter 45, Code of Criminal

6-11     Procedure, as designated by this Act, is amended by adding Article

6-12     45.018 to read as follows:

6-13           Art. 45.018.  COMPLAINT.  (a)  For purposes of this chapter,

6-14     a complaint is a sworn allegation charging the accused with the

6-15     commission of an offense.

6-16           (b)  A defendant is entitled to notice of a complaint against

6-17     the defendant not later than the day before the date of any

6-18     proceeding in the prosecution of the defendant under the complaint.

6-19           SECTION 11.  Article 45.17, Code of Criminal Procedure, is

6-20     redesignated as Article 45.019 and amended to read as follows:

6-21           Art. 45.019 [45.17].  REQUISITES OF [WHAT] COMPLAINT [MUST

6-22     STATE].  (a)  A [Such] complaint is sufficient, without regard to

6-23     its form, if it substantially satisfies the following requisites

6-24     [shall state]:

6-25                 (1)  it must be in writing;

6-26                 (2)  it must commence "In the name and by the authority

6-27     of the State of Texas";

 7-1                 (3)  it must state the [1.  The] name of the accused,

 7-2     if known, or [and] if unknown, must include a reasonably definite

 7-3     description of  the accused [shall describe him as accurately as

 7-4     practicable];

 7-5                 (4)  it must show that the accused has committed an

 7-6     offense under the law of this state, or state that the affiant has

 7-7     good reason to believe and does believe that the accused has

 7-8     committed an offense under the law of this state [2.  The offense

 7-9     with which he is charged, in plain and intelligible words];

7-10                 (5)  it must state the time and date the offense was

7-11     committed as definitely as the affiant is able to provide;

7-12                 (6)  it must bear the signature or mark of the affiant;

7-13     and

7-14                 (7)  it must conclude with the words "Against the peace

7-15     and dignity of the State" and, if the offense charged is an offense

7-16     only under a municipal ordinance, it may also conclude with the

7-17     words "Contrary to the said ordinance" or words to that effect.

7-18           (b)  A complaint filed in justice court must allege that

7-19     [3.  That] the offense was committed in the county in which the

7-20     complaint is made[; and]

7-21           [4.  It must show, from the date of the offense stated

7-22     therein, that the offense is not barred by limitation].

7-23           (c)  A complaint filed in municipal court must allege that

7-24     the offense was committed in the territorial limits of the

7-25     municipality in which the complaint is made.

7-26           (d)  A complaint may be sworn to before any officer

7-27     authorized to administer oaths.

 8-1           (e)  A complaint in municipal court may be sworn to before:

 8-2                 (1)  the municipal judge;

 8-3                 (2)  the clerk of the court or a deputy clerk;

 8-4                 (3)  the city secretary; or

 8-5                 (4)  the city attorney or a deputy city attorney.

 8-6           SECTION 12.  Article 45.37, Code of Criminal Procedure, is

 8-7     redesignated as Article 45.020 and amended to read as follows:

 8-8           Art. 45.020 [45.37].  APPEARANCE [MAY APPEAR] BY COUNSEL.

 8-9     (a)  The defendant has a right to appear by counsel as in all other

8-10     cases.

8-11           (b)  Not more than one counsel shall conduct either the

8-12     prosecution or defense.  State's counsel may open and conclude the

8-13     argument.

8-14           SECTION 13.  Article 45.33, Code of Criminal Procedure, is

8-15     redesignated as Article 45.021 and amended to read as follows:

8-16           Art. 45.021 [45.33].  PLEADINGS [PLEADING IS ORAL].  All

8-17     pleading of the defendant in justice or municipal court may be oral

8-18     or in writing as the defendant may elect. [The justice shall note

8-19     upon his docket the plea offered.]

8-20           SECTION 14.  Subchapter B, Chapter 45, Code of Criminal

8-21     Procedure, as designated by this Act, is amended by adding Article

8-22     45.0215 to read as follows:

8-23           Art. 45.0215.  PRESENCE OF PARENT OR GUARDIAN.  (a)  Except

8-24     as otherwise provided by law, a person younger than 17 years of age

8-25     may not be convicted in a justice or municipal court unless the

8-26     person's parent or legal guardian is present in court.

8-27           (b)  If the court is unable to locate or compel the presence

 9-1     of a parent or legal guardian after diligent effort, the court may

 9-2     waive the requirement that a parent or legal guardian be present as

 9-3     required by Subsection (a).

 9-4           SECTION 15.  Article 45.34, Code of Criminal Procedure, is

 9-5     redesignated as Article 45.022 and amended to read as follows:

 9-6           Art. 45.022 [45.34].  PLEA OF GUILTY OR NOLO CONTENDERE.

 9-7     Proof as to the offense may be heard upon a plea of guilty or [and]

 9-8     a plea of nolo contendere and the punishment assessed by the court

 9-9     or jury.

9-10           SECTION 16.  Article 45.31, Code of Criminal Procedure, is

9-11     redesignated as Article 45.023 and amended to read as follows:

9-12           Art. 45.023 [45.31].  DEFENDANT'S PLEA [DEFENDANT SHALL

9-13     PLEAD].  After the jury is impaneled, or after the defendant has

9-14     waived trial by jury, the defendant may:

9-15                 (1)  plead guilty or not guilty;

9-16                 (2)  [or may] enter a plea of nolo contendere;[,] or

9-17                 (3)  enter the special plea of double jeopardy as

9-18     described by Article 27.05 [named in the succeeding Article].

9-19           SECTION 17.  Article 45.35, Code of Criminal Procedure, is

9-20     redesignated as Article 45.024 and amended to read as follows:

9-21           Art. 45.024 [45.35].  DEFENDANT'S REFUSAL [IF DEFENDANT

9-22     REFUSES] TO PLEAD.  The justice or judge shall enter a plea of not

9-23     guilty if the defendant refuses to plead.

9-24           SECTION 18.  Article 45.24, Code of Criminal Procedure, is

9-25     redesignated as Article 45.025 and amended to read as follows:

9-26           Art. 45.025 [45.24].  DEFENDANT MAY WAIVE JURY.  The accused

9-27     may waive a trial by jury orally or in writing.  If the defendant

 10-1    waives a  trial by jury[; and in such case], the justice or judge

 10-2    shall hear and determine the cause without a jury.

 10-3          SECTION 19.  Article 45.251, Code of Criminal Procedure, is

 10-4    redesignated as Article 45.026 and amended to read as follows:

 10-5          Art. 45.026 [45.251].  DEMAND FOR JURY TRIAL [IN JUSTICE

 10-6    COURT OR MUNICIPAL COURT]; FAILURE TO APPEAR.  (a)  A justice or

 10-7    municipal court may order a party who demands a jury trial in a

 10-8    justice or municipal court and who fails to appear for the trial to

 10-9    pay the costs incurred for impaneling the jury.

10-10          (b)  The justice or municipal court may release a party from

10-11    the obligation to pay costs under this section for good cause.

10-12          (c)  An order issued by a justice or municipal court under

10-13    this section may be enforced by contempt as prescribed by Section

10-14    21.002(c), Government Code.

10-15          SECTION 20.  Article 45.25, Code of Criminal Procedure, is

10-16    redesignated as Article 45.027 and amended to read as follows:

10-17          Art. 45.027 [45.25].  JURY SUMMONED.  (a)  If the accused

10-18    does not waive a trial by jury, the justice or judge shall issue a

10-19    writ commanding the proper officer to summon [forthwith] a venire

10-20    from which six qualified persons shall be selected to serve as

10-21    jurors in the case.

10-22          (b)  The [Said] jurors when so summoned shall remain in

10-23    attendance as jurors in all cases that may come up for hearing

10-24    until discharged by the court.

10-25          (c)  Any person so summoned who fails to attend may be fined

10-26    an amount not to exceed [exceeding] $100 for contempt.

10-27          SECTION 21.  Article 45.29, Code of Criminal Procedure, is

 11-1    redesignated as Article 45.028 and amended to read as follows:

 11-2          Art. 45.028 [45.29].  OTHER JURORS SUMMONED.  If, from

 11-3    challenges or any other cause, a sufficient number of jurors are

 11-4    not in attendance, the justice or judge shall order the proper

 11-5    officer to summon a sufficient number of qualified persons to form

 11-6    the jury.

 11-7          SECTION 22.  Article 45.28, Code of Criminal Procedure, is

 11-8    redesignated as Article 45.029 and amended to read as follows:

 11-9          Art. 45.029 [45.28].  PEREMPTORY CHALLENGES [CHALLENGE OF

11-10    JURORS].  In all jury trials in a [the] justice or municipal court,

11-11    the state [State] and each defendant in the case is [shall be]

11-12    entitled to three peremptory challenges[, and also to any number of

11-13    challenges for cause, which cause shall be judged of by the

11-14    justice].

11-15          SECTION 23.  Article 45.30, Code of Criminal Procedure, is

11-16    redesignated as Article 45.030 and amended to read as follows:

11-17          Art. 45.030 [45.30].  FORMATION OF [OATH TO] JURY.  The

11-18    justice or judge shall form the jury and administer the appropriate

11-19    [following] oath in accordance with Chapter 35 [to the jury:  "Each

11-20    of you do solemnly swear that you will well and truly try the cause

11-21    about to be submitted to you and a true verdict render therein,

11-22    according to the law and the evidence, so help you God"].

11-23          SECTION 24.  Article 45.36, Code of Criminal Procedure, is

11-24    redesignated as Article 45.031 and amended to read as follows:

11-25          Art. 45.031 [45.36].  COUNSEL FOR STATE NOT PRESENT

11-26    [WITNESSES EXAMINED BY WHOM].  If [The justice shall examine the

11-27    witnesses if] the state [State] is not represented by counsel when

 12-1    the case is called for trial, the justice or judge may:

 12-2                (1)  postpone the trial to a date certain;

 12-3                (2)  appoint an attorney pro tem as provided by this

 12-4    code to represent the state; or

 12-5                (3)  proceed to trial, in which event the justice or

 12-6    judge may examine the witnesses.

 12-7          SECTION 25.  Article 45.031, Code of Criminal Procedure, is

 12-8    redesignated as Article 45.032 and amended to read as follows:

 12-9          Art. 45.032 [45.031].  DIRECTED VERDICT.  If, upon the trial

12-10    of a case in a justice or municipal [corporation] court, [there is

12-11    a material variance between the allegations in the complaint and

12-12    the proof offered by the state, or] the state fails [has failed] to

12-13    prove a prima facie case of the offense alleged in the complaint,

12-14    the defendant is entitled to a directed verdict of "not guilty."

12-15    [guilty" as in any other criminal case.]

12-16          SECTION 26.  Article 45.39, Code of Criminal Procedure, is

12-17    redesignated as Article 45.034 to read as follows:

12-18          Art. 45.034 [45.39].  JURY KEPT TOGETHER.  The jury shall

12-19    retire in charge of an officer when the cause is submitted to them,

12-20    and be kept together until they agree to a verdict or are

12-21    discharged.

12-22          SECTION 27.  Article 45.40, Code of Criminal Procedure, is

12-23    redesignated as Article 45.035 and amended to read as follows:

12-24          Art. 45.035 [45.40].  MISTRIAL.  A jury shall be discharged

12-25    if it fails to agree to a verdict after being kept together a

12-26    reasonable time.  If a jury is discharged because it fails to agree

12-27    to a verdict, [there be time left on the same day, another jury may

 13-1    be impaneled to try the cause, or] the justice or judge may

 13-2    [adjourn for not more than 30 days and again] impanel another [a]

 13-3    jury as soon as practicable to try such cause.

 13-4          SECTION 28.  Article 45.42, Code of Criminal Procedure, is

 13-5    redesignated as Article 45.036 and amended to read as follows:

 13-6          Art. 45.036 [45.42].  VERDICT.  (a)  When the jury has agreed

 13-7    on [upon] a verdict, the jury [it] shall bring the verdict [same]

 13-8    into court.

 13-9          (b)  The [; and the] justice or judge shall see that the

13-10    verdict [it] is in proper form and shall [enter it upon his docket

13-11    and] render the proper judgment and sentence on the verdict

13-12    [thereon].

13-13          SECTION 29.  Article 45.45, Code of Criminal Procedure, is

13-14    redesignated as Article 45.037 and amended to read as follows:

13-15          Art. 45.037 [45.45].  MOTION FOR NEW TRIAL.  (a)  A motion

13-16    [An application] for a new trial must be made within one day after

13-17    the rendition of judgment and sentence, and not afterward.

13-18          (b)  The [; and the] execution of the judgment and sentence

13-19    may [shall] not be stayed until a new trial has been granted.

13-20          SECTION 30.  Article 45.44, Code of Criminal Procedure, is

13-21    redesignated as Article 45.038 and amended to read as follows:

13-22          Art. 45.038 [45.44].  NEW TRIAL GRANTED.  A justice or judge

13-23    may, for good cause shown, grant the defendant a new trial,

13-24    whenever the justice or judge [he] considers that justice has not

13-25    been done the defendant in the trial of the [such] case.

13-26          SECTION 31.  Article 45.46, Code of Criminal Procedure, is

13-27    redesignated as Article 45.039 and amended to read as follows:

 14-1          Art. 45.039 [45.46].  ONLY ONE NEW TRIAL GRANTED.  Not more

 14-2    than one new trial shall be granted the defendant in the same case.

 14-3    When a new trial has been granted, the justice or judge shall

 14-4    proceed, as soon as practicable, to try the case again.

 14-5          SECTION 32.  Article 45.47, Code of Criminal Procedure, is

 14-6    redesignated as Article 45.040 and amended to read as follows:

 14-7          Art. 45.040 [45.47].  STATE NOT ENTITLED TO NEW TRIAL.  In no

 14-8    case shall the state [State] be entitled to a new trial.

 14-9          SECTION 33.  Article 45.50, Code of Criminal Procedure, is

14-10    redesignated as Article 45.041 and amended to read as follows:

14-11          Art. 45.041 [45.50].  [THE] JUDGMENT.  (a)  The judgment and

14-12    sentence, in case of conviction in a criminal action before a

14-13    justice of the peace or municipal court judge, shall be that the

14-14    defendant pay the amount of the fine and costs to the state.

14-15          (b)  The justice or judge may direct the defendant:

14-16                (1)  to pay:

14-17                      (A)  the entire fine and costs when sentence is

14-18    pronounced; [or]

14-19                      (B) [(2) to pay]  the entire fine and costs at

14-20    some later date; or

14-21                      (C) [(3) to pay]  a specified portion of the fine

14-22    and costs at designated intervals;

14-23                (2)  if applicable, to make restitution to any victim

14-24    of the offense in accordance with Article 42.037; and

14-25                (3)  to satisfy any other sanction authorized by law.

14-26          (c)  The justice or judge shall credit the defendant for time

14-27    served in jail as provided by Article 42.03.  The credit shall be

 15-1    applied to the amount of the fine and costs at the rate provided by

 15-2    Article 45.048.

 15-3          (d)  All judgments, sentences, and final orders of the

 15-4    justice or judge shall be rendered in open court.

 15-5          SECTION 34.  Article 45.10, Code of Criminal Procedure, is

 15-6    redesignated as Article 45.042 and amended to read as follows:

 15-7          Art. 45.042 [45.10].  APPEAL.  (a)  Appeals from a justice or

 15-8    municipal court, including appeals from final judgments in bond

 15-9    forfeiture proceedings, shall be heard by the county court except

15-10    in cases where the county court has no jurisdiction, in which

15-11    counties such appeals shall be heard by the proper court.

15-12          (b)  Unless the appeal is taken from a municipal court of

15-13    record and the appeal is based on error reflected in the record,

15-14    the trial shall be de novo [in the proper court.  Said appeals

15-15    shall be governed by the rules of practice and procedure for

15-16    appeals from justice courts to the county court, as far as

15-17    applicable].

15-18          (c)  In an appeal from the judgment and sentence of a justice

15-19    or municipal court, if the defendant is in custody, the defendant

15-20    is to be committed to jail unless the defendant gives bail.

15-21          SECTION 35.  Subchapter B, Chapter 45, Code of Criminal

15-22    Procedure, as designated by this Act, is amended by adding Article

15-23    45.0425 to read as follows:

15-24          Art. 45.0425.  APPEAL BOND.  (a)  If the court from whose

15-25    judgment and sentence the appeal is taken is in session, the court

15-26    must approve the bail.  The amount of a bail bond may not be less

15-27    than two times the amount of the fine and costs adjudged against

 16-1    the defendant, payable to the State of Texas.  The bail may not in

 16-2    any case be for a sum less than $50.  If the appeal bond otherwise

 16-3    meets the requirements of this code, the court without requiring a

 16-4    court appearance by the defendant shall approve the appeal bond in

 16-5    the amount the court under Article 27.14(b) notified the defendant

 16-6    would be approved.

 16-7          (b)  An appeal bond shall recite that in the cause the

 16-8    defendant was convicted and has appealed, and be conditioned that

 16-9    the defendant shall make the defendant's personal appearance before

16-10    the court to which the appeal is taken instanter, if the court is

16-11    in session, or, if the court is not in session, at its next regular

16-12    term, stating the time and place of that session, and there remain

16-13    from day to day and term to term, and answer in the cause in the

16-14    court.

16-15          SECTION 36.  Article 44.14, Code of Criminal Procedure, is

16-16    redesignated as Article 45.0426 of Subchapter B, Chapter 45, Code

16-17    of Criminal Procedure, as designated by this Act, and amended to

16-18    read as follows:

16-19          Art. 45.0426 [44.14].  FILING BOND PERFECTS APPEAL.  (a)  In

16-20    appeals from justice and municipal courts, when the appeal bond

16-21    provided for in [the preceding] Article 45.0425 has been filed with

16-22    the justice or judge who tried the case not later than the 10th day

16-23    after the date the judgment was entered, the appeal in such case

16-24    shall be held to be perfected.

16-25          (b)  If an appeal bond is not timely filed, the appellate

16-26    [appeal] court does not have jurisdiction over the case and shall

16-27    remand the case to the justice or municipal court for execution of

 17-1    the sentence.

 17-2          (c)  An [No] appeal may not [shall] be dismissed because the

 17-3    defendant failed to give notice of appeal in open court.  An appeal

 17-4    by the defendant or the state may not be dismissed on account of

 17-5    any defect in the transcript.

 17-6          SECTION 37.  Article 45.48, Code of Criminal Procedure, is

 17-7    redesignated as Article 45.043 and amended to read as follows:

 17-8          Art. 45.043 [45.48].  EFFECT OF APPEAL.  When a defendant

 17-9    files the appeal bond required by law with the justice or municipal

17-10    court, all further proceedings [proceeding] in the case in the

17-11    justice or municipal court shall cease.

17-12          SECTION 38.  Article 45.231, Code of Criminal Procedure, is

17-13    redesignated as Article 45.044 and amended to read as follows:

17-14          Art. 45.044 [45.231].  FORFEITURE OF BOND IN SATISFACTION OF

17-15    FINE.  (a)  A justice or judge may enter a judgment of conviction

17-16    and forfeit a cash bond posted by the defendant in satisfaction of

17-17    the defendant's fine and cost if the defendant:

17-18                (1)  has entered a written and signed plea of nolo

17-19    contendere and a waiver of jury trial; and

17-20                (2)  fails to appear according to the terms of the

17-21    defendant's release.

17-22          (b)  A justice or judge who enters a judgment of conviction

17-23    and forfeiture under Subsection (a) of this article shall

17-24    immediately notify the defendant in writing, by regular mail

17-25    addressed to the defendant at the defendant's last known address,

17-26    that:

17-27                (1)  a judgment of conviction and forfeiture of bond

 18-1    was entered against the defendant on a date certain and the

 18-2    forfeiture satisfies the defendant's fine and costs in the case;

 18-3    and

 18-4                (2)  the defendant has a right to a new trial in the

 18-5    case if the defendant applies for the new trial not later than the

 18-6    10th day after the date of judgment and forfeiture.

 18-7          (c)  Notwithstanding Article 45.037 [45.45] of this code, the

 18-8    defendant may file a motion [apply] for a new trial within the

 18-9    period provided by Subsection (b) of this article, and the court

18-10    shall grant the motion [application] if the motion [application] is

18-11    made within that [the] period.  On the new trial, the court shall

18-12    permit the defendant to withdraw the previously entered plea of

18-13    nolo contendere and waiver of jury trial.

18-14          SECTION 39.  Article 45.51, Code of Criminal Procedure, is

18-15    redesignated as Article 45.045 and amended to read as follows:

18-16          Art. 45.045 [45.51].  CAPIAS.  (a)  If the defendant is not

18-17    in custody when the judgment is rendered, the court may order a

18-18    capias issued for the defendant's [his] arrest.  The capias shall

18-19    state the amount of the judgment and sentence, and command the

18-20    appropriate peace officer [sheriff] to bring the defendant before

18-21    the court or place the defendant [him] in jail until the defendant

18-22    [he] can be brought before the court.

18-23          (b)  If the defendant escapes from custody after judgment is

18-24    rendered, a capias shall issue for the defendant's [his] arrest and

18-25    confinement until the defendant [he] is legally discharged.

18-26          SECTION 40.  Article 45.52, Code of Criminal Procedure, is

18-27    redesignated as Article 45.046 and amended to read as follows:

 19-1          Art. 45.046 [45.52].  CAPIAS PRO FINE [COLLECTION OF FINES].

 19-2    (a)  When a judgment and sentence have been rendered against a

 19-3    defendant who is able to pay the [for a] fine and costs and the

 19-4    defendant [he] defaults in payment, the justice or judge may order

 19-5    the defendant [him] imprisoned in jail as provided by Article 43.03

 19-6    until discharged by law.

 19-7          (b)  A certified copy of the judgment, sentence, and order is

 19-8    sufficient to authorize such imprisonment.

 19-9          [(b)  The justice may order the fine and costs collected by

19-10    execution against the defendant's property in the same manner as a

19-11    judgment in a civil suit.]

19-12          SECTION 41.  Subchapter B, Chapter 45, Code of Criminal

19-13    Procedure, as designated by this Act, is amended by adding Article

19-14    45.047 to read as follows:

19-15          Art. 45.047.  COLLECTION OF FINES AFTER JUDGMENT.  If after a

19-16    judgment is entered the defendant defaults in payment of a fine,

19-17    the justice or judge may order the fine and costs collected by

19-18    execution against the defendant's property in the same manner as a

19-19    judgment in a civil suit.

19-20          SECTION 42.  Article 45.53, Code of Criminal Procedure, is

19-21    redesignated as Article 45.048 and amended to read as follows:

19-22          Art. 45.048 [45.53].  DISCHARGED FROM JAIL.  A defendant

19-23    placed in jail on account of failure to pay the fine and costs

19-24    shall [can] be  discharged on habeas corpus by showing that the

19-25    defendant:

19-26                (1) [1.  That he] is too poor to pay the fine and

19-27    costs; or [and]

 20-1                (2) [2.  That he] has remained in jail a sufficient

 20-2    length of time to satisfy the fine and costs, at the rate of not

 20-3    less than $50 [$15] for each day or part of a day of jail time

 20-4    served.

 20-5          SECTION 43.  Articles 45.521 and 45.522, Code of Criminal

 20-6    Procedure, are redesignated as Articles 45.049 and 45.050 to read

 20-7    as follows:

 20-8          Art. 45.049 [45.521].  COMMUNITY SERVICE IN SATISFACTION OF

 20-9    FINE OR COSTS.  (a)  A justice or judge may require a defendant who

20-10    fails to pay a previously assessed fine or costs, or who is

20-11    determined by the court to have insufficient resources or income to

20-12    pay a fine or costs, to discharge all or part of the fine or costs

20-13    by performing community service.  A defendant may discharge an

20-14    obligation to perform community service under this article by

20-15    paying at any time the fine and costs assessed.

20-16          (b)  In the justice's or judge's order requiring a defendant

20-17    to participate in community service work under this article, the

20-18    justice or judge must specify:

20-19                (1)  the number of hours the defendant is required to

20-20    work;

20-21                (2)  the entity or organization for which the defendant

20-22    is required to work; and

20-23                (3)  the project on which the defendant is required to

20-24    work.

20-25          (c)  The justice or judge may order the defendant to perform

20-26    community service work under this article only for a governmental

20-27    entity or a nonprofit organization that provides services to the

 21-1    general public that enhance social welfare and the general

 21-2    well-being of the community.  A governmental entity or nonprofit

 21-3    organization that accepts a defendant under this article to perform

 21-4    community service must agree to supervise the defendant in the

 21-5    performance of the defendant's work and report on the defendant's

 21-6    work to the justice or judge who ordered the community service.

 21-7          (d)  A justice or judge may not order a defendant to perform

 21-8    more than 16 hours per week of community service under this article

 21-9    unless the justice or judge determines that requiring the defendant

21-10    to work additional hours does not work a hardship on the defendant

21-11    or the defendant's dependents.

21-12          (e)  A defendant is considered to have discharged $50 of

21-13    fines or costs for each eight hours of community service performed

21-14    under this article.

21-15          (f)  A sheriff, employee of a sheriff's department, county

21-16    commissioner, county employee, county judge, justice of the peace,

21-17    municipal court judge, or officer or employee of a political

21-18    subdivision other than a county is not liable for damages arising

21-19    from an act or failure to act in connection with manual labor

21-20    performed by a defendant under this article if the act or failure

21-21    to act:

21-22                (1)  was performed pursuant to court order; and

21-23                (2)  was not intentional, wilfully or wantonly

21-24    negligent, or performed with conscious indifference or reckless

21-25    disregard for the safety of others.

21-26          Art. 45.050 [45.522].  FAILURE TO PAY FINE; CONTEMPT:

21-27    JUVENILES.  (a)  A justice court or municipal court may not order

 22-1    the confinement of a person who is a child for the purposes of

 22-2    Title 3, Family Code, for the failure to pay all or any part of a

 22-3    fine or costs imposed for the conviction of an offense punishable

 22-4    by fine only.

 22-5          (b)  Section 51.03(a)(3), Family Code, and the procedures for

 22-6    the adjudication of a child for delinquent conduct apply to a child

 22-7    who fails to obey an order of a justice or municipal court under

 22-8    circumstances that would constitute contempt of court.

 22-9          SECTION 44.  Article 45.54, Code of Criminal Procedure, is

22-10    redesignated as Article 45.051 and amended to read as follows:

22-11          Art. 45.051 [45.54].  SUSPENSION OF SENTENCE AND DEFERRAL OF

22-12    FINAL DISPOSITION.  (a) [(1)]  On a plea of guilty or nolo

22-13    contendere by a defendant or on a finding of guilt in a misdemeanor

22-14    case punishable by fine only and payment of all court costs, the

22-15    justice or judge may defer further proceedings without entering an

22-16    adjudication of guilt and place the defendant on probation for a

22-17    period not to exceed 180 days.  This article does not apply to:

22-18                (1)  a misdemeanor case disposed of under Subchapter B,

22-19    Chapter 543, Transportation Code; [by Section 143A, Uniform Act

22-20    Regulating Traffic on  Highways (Article 6701d, Vernon's Texas

22-21    Civil Statutes),] or

22-22                (2)  a serious traffic violation as defined by Section

22-23    522.003, Transportation Code [in Section 3(26), Texas Commercial

22-24    Driver's License Act (Article 6687b-2, Revised Statutes)].

22-25          (b) [(2)]  During the deferral period, the justice or judge

22-26    shall require the defendant to successfully complete a Texas

22-27    [Central] Education Agency-approved driving safety course, if the

 23-1    offense alleged is an offense involving the operation of a motor

 23-2    vehicle, other than a commercial motor vehicle, as defined by

 23-3    Section 522.003, Transportation Code [in Subdivision (6), Section

 23-4    3, Texas Commercial Driver's License Act (Article 6687b-2, Revised

 23-5    Statutes)], and the defendant:

 23-6                (1) [(A)]  has completed an approved driving safety

 23-7    course within the preceding 12 months; or

 23-8                (2) [(B)]  is a first-time offender who elects deferred

 23-9    adjudication.

23-10          (c) [(3)]  During the [said] deferral period, the justice or

23-11    judge may require the defendant to:

23-12                (1) [(a)]  post a bond in the amount of the fine

23-13    assessed to secure payment of the fine;

23-14                (2) [(b)]  pay restitution to the victim of the offense

23-15    in an amount not to exceed the fine assessed;

23-16                (3) [(c)]  submit to professional counseling;

23-17                (4) [(d)]  comply with any other reasonable condition;

23-18    and

23-19                (5) [(e)  require the defendant to] successfully

23-20    complete a Texas [Central] Education Agency approved driving safety

23-21    course, if:

23-22                      (A) [(1)]  the offense alleged is an offense

23-23    involving the operation of a motor vehicle, other than a commercial

23-24    motor vehicle, as defined by Section 522.003, Transportation Code

23-25    [in Subdivision (6), Section 3, Texas Commercial Driver's License

23-26    Act (Article 6687b-2, Revised Statutes)]; and

23-27                      (B) [(2)]  the defendant has not completed an

 24-1    approved driving safety course within the preceding 12 months.

 24-2          (d) [(4)]  At the conclusion of the deferral period, if the

 24-3    defendant presents satisfactory evidence that the defendant [he]

 24-4    has  complied with the requirements imposed, the justice or judge

 24-5    shall dismiss the complaint, and it shall be clearly noted in the

 24-6    docket that the complaint is dismissed and that there is not a

 24-7    final conviction.  Otherwise, the justice or judge may proceed with

 24-8    an adjudication of guilt without notice or a hearing.  After an

 24-9    adjudication of guilt, the justice or judge may reduce the fine

24-10    assessed or may then impose the fine assessed, less any portion of

24-11    the assessed fine that has been paid.  If the complaint is

24-12    dismissed, a special expense not to exceed the amount of the fine

24-13    assessed may be imposed.

24-14          (e) [(5)]  If at the conclusion of the deferral period the

24-15    defendant does not present satisfactory evidence that the defendant

24-16    complied with the requirements imposed, the justice or judge may

24-17    impose the fine assessed or impose a lesser fine.  The imposition

24-18    of the fine or lesser fine constitutes a final conviction of the

24-19    defendant.

24-20          (f) [(6)]  Records relating to a complaint dismissed as

24-21    provided by this article may be expunged under Article 55.01 of

24-22    this code.  If a complaint is dismissed under this article, there

24-23    is not a final conviction and the complaint may not be used against

24-24    the person for any purpose.

24-25          SECTION 45.  Article 45.55, Code of Criminal Procedure, as

24-26    amended by Chapters 598 and 748, Acts of the 74th Legislature,

24-27    Regular Session, 1995, is redesignated as Article 45.052 and

 25-1    amended to read as follows:

 25-2          Art. 45.052 [45.55].  DISMISSAL OF MISDEMEANOR CHARGE ON

 25-3    COMPLETION OF TEEN COURT PROGRAM.  (a)  A justice or municipal

 25-4    court may defer proceedings against a defendant who is under the

 25-5    age of 18 or enrolled full time in an accredited secondary school

 25-6    in a program leading toward a high school diploma for 90 days if

 25-7    the defendant:

 25-8                (1)  is charged with a misdemeanor punishable by fine

 25-9    only or a violation of a penal ordinance of a political

25-10    subdivision, including a traffic offense punishable by fine only;

25-11                (2)  pleads nolo contendere or guilty to the offense in

25-12    open court with the defendant's parent, guardian, or managing

25-13    conservator present;

25-14                (3)  presents to the court an oral or written request

25-15    to attend a teen court program; and

25-16                (4)  has not successfully completed a teen court

25-17    program in the two years preceding the date that the alleged

25-18    offense occurred.

25-19          (b)  The teen court program must be approved by the court.

25-20          (c)  The justice or municipal court shall dismiss the charge

25-21    at the conclusion of the deferral period if the defendant presents

25-22    satisfactory evidence that the defendant has successfully completed

25-23    the teen court program.

25-24          (d)  A charge dismissed under this article may not be part of

25-25    the defendant's criminal record or driving record or used for any

25-26    purpose.  However, if the charge was for a traffic offense, the

25-27    court shall report to the Department of Public Safety that the

 26-1    defendant successfully completed the teen court program and the

 26-2    date of completion for inclusion in the defendant's driving record.

 26-3          (e)  The justice or municipal court may require a person who

 26-4    requests a teen court program to pay a fee not to exceed $10 that

 26-5    is set by the court to cover the costs of administering this

 26-6    article.  Fees collected by a municipal court shall be deposited in

 26-7    the municipal treasury.  Fees collected by a justice court shall be

 26-8    deposited in the county treasury of the county in which the court

 26-9    is located.  A person who requests a teen court program and fails

26-10    to complete the program is not entitled to a refund of the fee.

26-11          (f)  A court may transfer a case in which proceedings have

26-12    been deferred under this section to a court in a contiguous county

26-13    if the court to which the case is transferred consents.  A case may

26-14    not be transferred unless it is within the jurisdiction of the

26-15    court to which it is transferred.

26-16          (g)  In addition to the fee authorized by Subsection (e) of

26-17    this article, the court may require a child who requests a teen

26-18    court program to pay a $10 fee to cover the cost to the teen court

26-19    for performing its duties under this article.  The court shall pay

26-20    the fee to the teen court program, and the teen court program must

26-21    account to the court for the receipt and disbursal of the fee.  A

26-22    child who pays a fee under this subsection is not entitled to a

26-23    refund of the fee, regardless of whether the child successfully

26-24    completes the teen court program.

26-25          (h) [(g)]  A justice or municipal court may exempt a

26-26    defendant for whom proceedings are deferred under this article from

26-27    the requirement to pay a court cost or fee that is imposed by

 27-1    another statute.

 27-2          SECTION 46.  Article 45.56, Code of Criminal Procedure, is

 27-3    redesignated as Article 45.053 to read as follows:

 27-4          Art. 45.053 [45.56].  DISMISSAL OF MISDEMEANOR CHARGE ON

 27-5    COMMITMENT OF CHEMICALLY DEPENDENT PERSON.  (a)  On a plea of

 27-6    guilty or nolo contendere by a defendant or on a finding of guilt

 27-7    in a misdemeanor case punishable by a fine only, a justice or

 27-8    municipal court may defer further proceedings for 90 days without

 27-9    entering an adjudication of guilt if:

27-10                (1)  the court finds that the offense resulted from or

27-11    was related to the defendant's chemical dependency; and

27-12                (2)  an application for court-ordered treatment of the

27-13    defendant is filed in accordance with Chapter 462, Health and

27-14    Safety Code.

27-15          (b)  At the end of the deferral period, the justice or

27-16    municipal court shall dismiss the charge if satisfactory evidence

27-17    is presented that the defendant was committed for and completed

27-18    court-ordered treatment in accordance with Chapter 462, Health and

27-19    Safety Code, and it shall be clearly noted in the docket that the

27-20    complaint is dismissed and that there is not a final conviction.

27-21          (c)  If at the conclusion of the deferral period satisfactory

27-22    evidence that the defendant was committed for and completed

27-23    court-ordered treatment in accordance with Chapter 462, Health and

27-24    Safety Code, is not presented, the justice or municipal court may

27-25    impose the fine assessed or impose a lesser fine.  The imposition

27-26    of a fine constitutes a final conviction of the defendant.

27-27          (d)  Records relating to a complaint dismissed under this

 28-1    article may be expunged under Article 55.01 of this code.  If a

 28-2    complaint is dismissed under this article, there is not a final

 28-3    conviction and the complaint may not be used against the person for

 28-4    any purpose.

 28-5          SECTION 47.  Articles 45.101, 45.102, and 45.103, as

 28-6    redesignated by this Act, are designated as Subchapter C of Chapter

 28-7    45, Code of Criminal Procedure, and a heading is added to that

 28-8    subchapter to read as follows:

 28-9                SUBCHAPTER C.  PROCEDURES IN JUSTICE COURT

28-10          SECTION 48.  Articles 45.21 and 45.22, Code of Criminal

28-11    Procedure, are redesignated as Articles 45.101 and 45.102 and

28-12    amended to read as follows:

28-13          Art. 45.101 [45.21].  OFFENSES COMMITTED IN ANOTHER COUNTY.

28-14    Whenever complaint is made before any justice of the peace that a

28-15    felony has been  committed in any other than a county in which the

28-16    complaint is made, the [such] justice shall issue a [his] warrant

28-17    for the arrest of the accused, directed as in other cases,

28-18    commanding that the accused be arrested and taken before any

28-19    magistrate of the county where such felony is alleged to have been

28-20    committed, forthwith, for examination as in other cases.

28-21          Art. 45.102 [45.22].  OFFENSES IN COUNTIES WITH POPULATION OF

28-22    LESS THAN 2,000,000 AND OVER 225,000; VENUE; [FEE OF CONSTABLE;]

28-23    PENALTIES.  (a)  A person may not [Sec. 1.  No person shall ever]

28-24    be tried in any justice precinct court unless the offense with

28-25    which the person is [he was] charged was committed in that [such]

28-26    precinct.  Provided, however, should there be no duly qualified

28-27    justice precinct court in the precinct where the [such] offense was

 29-1    committed, then the defendant shall be tried in the justice

 29-2    precinct next adjacent which may have a duly qualified justice

 29-3    court.  And provided further, that if the justice of the peace of

 29-4    the precinct in which the offense was committed is disqualified for

 29-5    any reason for trying the case, then the [such] defendant may be

 29-6    tried in some other justice precinct within the county.

 29-7          (b)  [Sec. 2. No constable shall be allowed a fee in any

 29-8    misdemeanor case arising in any precinct other than the one for

 29-9    which he has been elected or appointed, except through an order

29-10    duly entered upon the minutes of the county commissioners court.]

29-11          [Sec. 3.]  Any justice of the peace, constable, or deputy

29-12    constable violating this article [Act] shall be punished by a fine

29-13    of not less than $100 nor more than $500.

29-14          (c)  This article applies [Sec. 4.  The provisions of this

29-15    Article shall apply] only to a county [counties] having a

29-16    population of less than 2,000,000 and more than [over] 225,000

29-17    [according to the last preceding federal census].

29-18          SECTION 49.  Article 45.15, Code of Criminal Procedure, is

29-19    redesignated as Article 45.103 and amended to read as follows:

29-20          Art. 45.103 [45.15].  WARRANT WITHOUT COMPLAINT.  If

29-21    [Whenever] a criminal offense that [which] a justice of the peace

29-22    has jurisdiction to try is [shall be] committed within the view of

29-23    the [such] justice, the justice [he] may issue a [his] warrant for

29-24    the arrest of the offender.

29-25          SECTION 50.  Articles 45.201 through 45.204, as redesignated

29-26    or added by this Act, are designated as Subchapter D of Chapter 45,

29-27    Code of Criminal Procedure, and a heading is added to that

 30-1    subchapter to read as follows:

 30-2                SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT

 30-3          SECTION 51.  Article 45.03, Code of Criminal Procedure, is

 30-4    redesignated as Article 45.201 and amended to read as follows:

 30-5          Art. 45.201 [45.03]. MUNICIPAL PROSECUTIONS. (a) All

 30-6    prosecutions in a municipal court shall be conducted by the city

 30-7    attorney of the municipality [such city, town or village,] or by a

 30-8    [his] deputy city attorney.

 30-9          (b)  The county attorney of the county in which the

30-10    municipality [said city, town or village] is situated may, if the

30-11    county attorney [he] so desires, also represent the state [State]

30-12    in such prosecutions.  In such cases, the [said] county attorney is

30-13    [shall not be] entitled to receive any fees or other compensation

30-14    [whatever] for those [said] services. [The county attorney shall

30-15    have no power to dismiss any prosecution pending in said court

30-16    unless for reasons filed and approved by the judge.]

30-17          (c)  With the consent of the county attorney, appeals from

30-18    municipal court to a county court, county court at law, or any

30-19    appellate court may be prosecuted by the city attorney or a [his]

30-20    deputy city attorney.

30-21          (d)  It is the primary duty of a municipal prosecutor not to

30-22    convict, but to see that justice is done.

30-23          SECTION 52.  Article 45.04, Code of Criminal Procedure, is

30-24    redesignated as Article 45.202 and amended to read as follows:

30-25          Art. 45.202 [45.04].  SERVICE OF PROCESS.  (a) [Sec. 1.]  All

30-26    process issuing out of a municipal [corporation] court may be

30-27    served and shall be served when directed by the court, by a peace

 31-1    officer [policeman] or marshal of the municipality [city, town or

 31-2    village] within which it is situated, under the same rules as are

 31-3    provided by law for the service by sheriffs and constables of

 31-4    process issuing out of the justice court, so far as applicable.

 31-5          (b) [Sec. 2.]  The peace officer [policeman] or marshal may

 31-6    serve all process issuing out of a municipal [corporation] court

 31-7    anywhere in the  county in which the municipality [city, town or

 31-8    village] is situated.  If the municipality [city, town or village]

 31-9    is situated in more  than one county, the peace officer [policeman]

31-10    or marshal may serve the process throughout those counties.

31-11          [Sec. 3.  A defendant is entitled to at least one day's

31-12    notice of any complaint against him, if such time is demanded.]

31-13          SECTION 53.  Subchapter D, Chapter 45, Code of Criminal

31-14    Procedure, as designated by this Act, is amended by adding Section

31-15    45.203 to read as follows:

31-16          Art. 45.203.  JURY CHARGE.  The judge shall charge the jury

31-17    when requested in writing by:

31-18                (1)  the attorney representing the state; or

31-19                (2)  the defendant or the defendant's attorney.

31-20          SECTION 54.  Article 45.06, Code of Criminal Procedure, is

31-21    redesignated as Article 45.204 and amended to read as follows:

31-22          Art. 45.204 [45.06].  COLLECTION OF FINES, COSTS, AND SPECIAL

31-23    EXPENSES.  (a)  The governing body of each municipality

31-24    [incorporated city, town or village] shall by ordinance prescribe

31-25    [such] rules, not inconsistent with any law of this State, as may

31-26    be proper to enforce the collection of fines imposed by a municipal

31-27    court.  In addition to any other method of enforcement, the

 32-1    municipality may enforce the collection of fines by:

 32-2                (1)  [, by] execution against the property of the

 32-3    defendant;[,] or

 32-4                (2)  imprisonment of the defendant.

 32-5          (b)  The governing body of a municipality may [, the

 32-6    collection of all fines imposed by such court, and shall also have

 32-7    power to] adopt such rules and regulations, not inconsistent with

 32-8    any law of this State, concerning the practice and procedure in the

 32-9    municipal [such] court as the [said] governing body may consider

32-10    [deem] proper[, not inconsistent with any law of this State].

32-11          (c)  The governing body of each municipality may prescribe by

32-12    ordinance the collection, after due notice, of [All such fines;] a

32-13    special expense, not to exceed $25 for the issuance and service of

32-14    a warrant of arrest for an offense under Section 38.10, Penal Code,

32-15    or Section 543.009, Transportation Code.  Money collected from the

32-16    special expense [under Section 149, Uniform Act Regulating Traffic

32-17    on Highways (Article 6701d, Vernon's Texas Civil Statutes);  and

32-18    the special expenses described in Article 17.04 dealing with the

32-19    requisites of a personal bond and a special expense for the

32-20    issuance and service of a warrant of arrest, after due notice, not

32-21    to exceed $25,] shall be paid into the municipal [city] treasury

32-22    for the use and benefit of the municipality [city, town or

32-23    village]. [The governing body of each incorporated city, town or

32-24    village may by ordinance authorize a municipal court to collect a

32-25    special expense for services performed in cases in which the laws

32-26    of this State require that the case be dismissed because of actions

32-27    by or on behalf of the defendant which were subsequent to the date

 33-1    of the alleged offense.  Such actions are limited to compliance

 33-2    with the provisions of Subsection (a), Section 143A, Uniform Act

 33-3    Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil

 33-4    Statutes). Such special expense shall not exceed the actual

 33-5    expenses incurred for the services or $10, whichever is less.]

 33-6          (d)  Costs may not be imposed or collected in criminal cases

 33-7    in municipal court by municipal ordinance.

 33-8          SECTION 55.  Article 42.111, Code of Criminal Procedure, is

 33-9    amended to read as follows:

33-10          Art. 42.111.  Deferral of proceedings in cases appealed to

33-11    county court.  If a defendant convicted of a misdemeanor punishable

33-12    by fine only appeals the conviction to a county court, on the trial

33-13    in county court the defendant may enter a plea of guilty or nolo

33-14    contendere to the offense.  If the defendant enters a plea of

33-15    guilty or nolo contendere, the court may defer further proceedings

33-16    without entering an adjudication of guilt in the same manner as

33-17    provided for the deferral of proceedings in justice court or

33-18    municipal court under Article 45.051 [45.54] of this code. This

33-19    article does not apply to a misdemeanor case disposed of under

33-20    Subchapter B, Chapter 543, Transportation Code [by Section 143A,

33-21    Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's

33-22    Texas Civil Statutes)], or a serious traffic violation as defined

33-23    by Section 522.003, Transportation Code [in Section 3(26), Texas

33-24    Commercial Driver's License Act (Article 6687b-2, Revised

33-25    Statutes)].

33-26          SECTION 56.  Articles 102.002(b) and (c), Code of Criminal

33-27    Procedure, are amended to read as follows:

 34-1          (b)  The justices of the peace and clerks of district and

 34-2    county courts, [and] county courts at law, and municipal courts

 34-3    shall keep a book and record in the book:

 34-4                (1)  the number and style of each criminal action

 34-5    before the court;

 34-6                (2)  the name of each witness subpoenaed, attached, or

 34-7    recognized to testify in the action;  and

 34-8                (3)  whether the witness was a witness for the state or

 34-9    for the defendant.

34-10          (c)  Except as otherwise provided by this subsection, a

34-11    defendant is liable on conviction for the fees provided by this

34-12    article for witnesses in the defendant's case.  If a defendant

34-13    convicted of a misdemeanor does not pay his fines and costs, the

34-14    county or municipality, as appropriate, is liable for the fees

34-15    provided by this article for  witnesses in the defendant's case.

34-16          SECTION 57.  Article 102.004, Code of Criminal Procedure, is

34-17    amended to read as follows:

34-18          Art. 102.004.  JURY FEE.  (a) A defendant convicted by a jury

34-19    in a trial before a justice or municipal court shall pay a jury fee

34-20    of $3.  A defendant in a justice or municipal court who requests a

34-21    trial by jury and who withdraws the request not earlier than 24

34-22    hours before the time of trial shall pay a jury fee of $3, if the

34-23    defendant is convicted of the offense or final disposition of the

34-24    defendant's case is deferred.   A defendant convicted by a jury in

34-25    a county court, a county court at law, or a district court shall

34-26    pay a jury fee of $20.

34-27          (b)  If two or more defendants are tried jointly in a justice

 35-1    or municipal court, only one jury fee of $3 may be imposed under

 35-2    this article.  If the defendants sever and are tried separately,

 35-3    each defendant convicted shall pay a jury fee.

 35-4          SECTION 58.  Article 45.11, Code of Criminal Procedure, is

 35-5    redesignated as Article 44.281, Code of Criminal Procedure,

 35-6    transferred to Chapter 44 of that code, and amended to read as

 35-7    follows:

 35-8          Art. 44.281 [45.11].  DISPOSITION OF FINES AND COSTS WHEN

 35-9    MISDEMEANOR AFFIRMED [FEES].  In misdemeanor cases affirmed on

35-10    appeal from a municipal  court, the [The] fine imposed on appeal

35-11    and the costs imposed on appeal shall be collected from [of] the

35-12    defendant, and the [such] fine of the municipal [corporation] court

35-13    when collected shall be paid into the municipal treasury.

35-14          SECTION 59.  Section 30.1650(b), Government Code, is amended

35-15    to read as follows:

35-16          (b)  Complaints must comply with Article 45.019 [45.17], Code

35-17    of Criminal Procedure.

35-18          SECTION 60.  Section 30.530(b), Government Code, is amended

35-19    to read as follows:

35-20          (b)  Complaints must comply with Article 45.019 [45.17], Code

35-21    of Criminal Procedure.

35-22          SECTION 61.  Section 30.861(b), Government Code, is amended

35-23    to read as follows:

35-24          (b)  Complaints must comply with Article 45.019 [45.17], Code

35-25    of Criminal Procedure.

35-26          SECTION 62.  Section 30.991(b), Government Code, is amended

35-27    to read as follows:

 36-1          (b)  Complaints must comply with Article 45.019 [45.17], Code

 36-2    of Criminal Procedure.

 36-3          SECTION 63.  Section 406.014(d), Government Code, is amended

 36-4    to read as follows:

 36-5          (d)  A notary public who administers an oath pursuant to

 36-6    Article 45.019 [45.01], Code of Criminal Procedure, is exempt from

 36-7    the requirement in Subsection (a) of recording that oath.

 36-8          SECTION 64.  Section 542.402(b), Transportation Code, is

 36-9    amended to conform to Section 1, Chapter 30 (H.B. No. 839), Acts of

36-10    the 74th Legislature, Regular Session, 1995, and to Section 1,

36-11    Chapter 992 (S.B. No. 20), Acts of the 74th Legislature, Regular

36-12    Session, 1995, to read as follows:

36-13          (b)  In each fiscal year, a municipality having a population

36-14    of less than 5,000 may retain, from fines collected for violations

36-15    of highway laws in this subtitle and from special expenses

36-16    collected under Article 45.051, Code of Criminal Procedure, in

36-17    cases in which a violation of this subtitle is alleged, an amount

36-18    equal to 30 percent of the municipality's revenue for the preceding

36-19    fiscal year from all sources, other than federal funds and bond

36-20    proceeds, as shown by the audit performed under Section 103.001,

36-21    Local Government Code.  After a municipality has retained that

36-22    amount, the municipality shall send to the comptroller [state

36-23    treasurer] any portion of a fine or a special expense collected

36-24    that exceeds $1.

36-25          SECTION 65.  Section 543.204(a), Transportation Code, is

36-26    amended to read as follows:

36-27          (a)  A justice of the peace or municipal judge who defers

 37-1    further proceedings, suspends all or part of the imposition of the

 37-2    fine, and places a defendant on probation under Article 45.051

 37-3    [45.54], Code of Criminal Procedure, or a county court judge who

 37-4    follows that procedure under Article 42.111, Code of Criminal

 37-5    Procedure, may not submit a written record to the department,

 37-6    except that if the justice or judge subsequently adjudicates the

 37-7    defendant's guilt, the justice or judge shall submit the record not

 37-8    later than the 30th day after the date on which the justice or

 37-9    judge adjudicates guilt.

37-10          SECTION 66.  Section 1(1), Article 6687d, Revised Statutes,

37-11    is amended to read as follows:

37-12                (1)  "Complaint" means a notice of an offense as

37-13    described by Article 27.14(d) or 45.019 [45.01], Code of Criminal

37-14    Procedure.

37-15          SECTION 67.  Articles 44.13, 45.01, 45.02, 45.05, 45.07,

37-16    45.08, 45.09, 45.12, 45.16, 45.19, 45.23, 45.26, 45.27, 45.32, and

37-17    45.49, Code of Criminal Procedure, are repealed.

37-18          SECTION 68.  (a)  In addition to the substantive changes in

37-19    law made by this Act, this Act conforms Section 542.402(b),

37-20    Transportation Code, to changes in law made by Section 1, Chapter

37-21    30 (H.B. No. 839), Acts of the 74th Legislature, Regular Session,

37-22    1995.

37-23          (b)  Section 1, Chapter 30, Acts of the 74th Legislature,

37-24    Regular Session, 1995, is repealed.

37-25          (c)  To the extent of any conflict, this Act prevails over

37-26    another Act of the 75th Legislature, Regular Session, 1997,

37-27    relating to nonsubstantive additions to and corrections in enacted

 38-1    codes.

 38-2          SECTION 69.  This Act takes effect September 1, 1997.

 38-3          SECTION 70.  (a)  The changes in law made by this Act apply

 38-4    to every act, proceeding, or event covered by a law amended by this

 38-5    Act that occurs on or after the effective date of this Act, without

 38-6    regard to whether the offense to which the act, proceeding, or

 38-7    event applies occurred before, on, or after the effective date of

 38-8    this Act, except as provided by Subsection (b) of this section.

 38-9          (b)  In a proceeding related to the prosecution of an offense

38-10    that occurs or is alleged to have occurred before the effective

38-11    date of this Act, the accused may elect to have the proceeding

38-12    governed by any provision of Chapter 45, Code of Criminal

38-13    Procedure, as that provision would have applied to the offense in

38-14    the absence of the changes made by this Act, and that prior law is

38-15    continued in effect for that purpose.

38-16          SECTION 71.  The importance of this legislation and the

38-17    crowded condition of the calendars in both houses create an

38-18    emergency and an imperative public necessity that the

38-19    constitutional rule requiring bills to be read on three several

38-20    days in each house be suspended, and this rule is hereby suspended.