HBA-DMD, SEB H.B. 323 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 323
By: Brown, Fred
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Texas cities may own land and facilities located outside their city limits,
including parks, playgrounds, water plants, sewer plants,
electricity-generating facilities, and libraries. Prior to the 76th
Legislature, cities had the authority to adopt and enforce ordinances
relating to acts committed at these places, but county justice courts
rather than municipal courts had jurisdiction over criminal violations of
those ordinances. H.B. 323 gives a municipality exclusive original
jurisdiction in a criminal case that occurs on property owned by the
municipality located in a municipality's extraterritorial jurisdiction if
the case involves the violation of a city ordinance and the activity is
punishable only by a fine.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 29.003(a) and (b), Government Code, as follows:

(a)  Includes municipal property located in the municipality's
extraterritorial jurisdiction as territory over which a municipal court is
required to have exclusive original jurisdiction in certain criminal cases.
Cases that fall under that jurisdiction are those which arise under the
municipality's ordinances and are punishable by a fine of no more than $500
or no more than $2000 in cases arising under a municipal ordinance
governing fire safety, zoning, or public health and sanitation.  Makes a
nonsubstantive change.   

(b) Includes criminal cases that arise on municipal property in the
municipality's extraterritorial jurisdiction as cases over which a
municipal court shares concurrent jurisdiction with the justice court in
the municipality's precinct. 

SECTION 2.Emergency clause.
  Effective date: upon passage.