By Garcia H.B. No. 2917
77R4486 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a municipal court located in
1-3 certain populous home-rule municipalities for certain violations or
1-4 offenses committed within the boundaries of an airport.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Articles 4.14(a) and (b), Code of Criminal
1-7 Procedure, are amended to read as follows:
1-8 (a) Except as provided by Article 4.141, a [A] municipal
1-9 court, including a municipal court of record, shall have exclusive
1-10 original jurisdiction within the territorial limits of the
1-11 municipality in all criminal cases that:
1-12 (1) arise under the ordinances of the municipality;
1-13 and
1-14 (2) are punishable by a fine not to exceed:
1-15 (A) $2,000 in all cases arising under municipal
1-16 ordinances that govern fire safety, zoning, or public health and
1-17 sanitation, including dumping of refuse; or
1-18 (B) $500 in all other cases arising under a
1-19 municipal ordinance.
1-20 (b) Except as provided by Article 4.141, the [The] municipal
1-21 court shall have concurrent jurisdiction with the justice court of
1-22 a precinct in which the municipality is located in all criminal
1-23 cases arising under state law that:
1-24 (1) arise within the territorial limits of the
2-1 municipality and are punishable by fine only, as defined in
2-2 Subsection (c) of this article; or
2-3 (2) arise under Chapter 106, Alcoholic Beverage Code,
2-4 and do not include confinement as an authorized sanction.
2-5 SECTION 2. Chapter 4, Code of Criminal Procedure, is amended
2-6 by adding Article 4.141 to read as follows:
2-7 Art. 4.141. JURISDICTION IN CERTAIN POPULOUS HOME-RULE
2-8 MUNICIPALITIES. (a) In this article, "constituent agency," "joint
2-9 board," and "populous home-rule municipality" have the meanings
2-10 assigned by Section 22.071, Transportation Code.
2-11 (b) A municipal court, including a municipal court of
2-12 record, located in a populous home-rule municipality that is a
2-13 constituent agency on a joint board created under Section 22.074,
2-14 Transportation Code, shall have within the boundaries of the
2-15 airport that is governed by the joint board concurrent jurisdiction
2-16 with the justice court of the precinct in which the municipality is
2-17 located in each criminal case arising under state law that:
2-18 (1) regulates traffic; and
2-19 (2) is punishable by a fine or another sanction that
2-20 does not consist of confinement or imprisonment.
2-21 SECTION 3. Sections 29.003(a) and (b), Government Code, are
2-22 amended to read as follows:
2-23 (a) Except as provided by Section 29.106, a [A] municipal
2-24 court, including a municipal court of record, shall have exclusive
2-25 original jurisdiction within the municipality's territorial limits
2-26 and property owned by the municipality located in the
2-27 municipality's extraterritorial jurisdiction in all criminal cases
3-1 that:
3-2 (1) arise under:
3-3 (A) the ordinances of the municipality; or
3-4 (B) a resolution, rule, or order of a joint
3-5 board operating an airport under Section 22.074, Transportation
3-6 Code; and
3-7 (2) are punishable by a fine not to exceed:
3-8 (A) $2,000 in all cases arising under municipal
3-9 ordinances or resolutions, rules, or orders of a joint board that
3-10 govern fire safety, zoning, or public health and sanitation,
3-11 including dumping of refuse; or
3-12 (B) $500 in all other cases arising under a
3-13 municipal ordinance or a resolution, rule, or order of a joint
3-14 board.
3-15 (b) Except as provided by Section 29.106, the [The]
3-16 municipal court has concurrent jurisdiction with the justice court
3-17 of a precinct in which the municipality is located in all criminal
3-18 cases arising under state law that:
3-19 (1) arise within the municipality's territorial limits
3-20 or property owned by the municipality located in the municipality's
3-21 extraterritorial jurisdiction and are punishable only by a fine, as
3-22 defined in Subsection (c); or
3-23 (2) arise under Chapter 106, Alcoholic Beverage Code,
3-24 and do not include confinement as an authorized sanction.
3-25 SECTION 4. Subchapter B, Chapter 29, Government Code, is
3-26 amended by adding Section 29.106 to read as follows:
3-27 Sec. 29.106. JURISDICTION IN CERTAIN POPULOUS HOME-RULE
4-1 MUNICIPALITIES. (a) In this section, "constituent agency," "joint
4-2 board," and "populous home-rule municipality" have the meanings
4-3 assigned by Section 22.071, Transportation Code.
4-4 (b) A municipal court, including a municipal court of
4-5 record, located in a populous home-rule municipality that is a
4-6 constituent agency on a joint board created under Section 22.074,
4-7 Transportation Code, shall have within the boundaries of the
4-8 airport that is governed by the joint board concurrent jurisdiction
4-9 with:
4-10 (1) each other municipal court located in the
4-11 municipality in each criminal case arising under a resolution,
4-12 rule, or order of the joint board of which the municipality is a
4-13 constituent agency that:
4-14 (A) regulates traffic; and
4-15 (B) is punishable by a fine not to exceed $500;
4-16 and
4-17 (2) the justice court of the precinct in which the
4-18 municipality is located in each criminal case arising under state
4-19 law that:
4-20 (A) regulates traffic; and
4-21 (B) is punishable by a fine or another sanction
4-22 that does not consist of confinement or imprisonment.
4-23 SECTION 5. (a) The judge of a municipal court shall
4-24 transfer any case that is pending in the court on the effective
4-25 date of this Act over which the court loses jurisdiction under this
4-26 Act to a municipal court that has jurisdiction over the case.
4-27 (b) When a case is transferred as provided by Subsection
5-1 (a) of this section, all processes, writs, bonds, recognizances,
5-2 or other obligations issued from the transferring court are
5-3 returnable to the court to which the case is transferred as if
5-4 originally issued by that court. The obligee in all bonds and
5-5 recognizances taken in and for a court from which a case is
5-6 transferred, and all witnesses summoned to appear in a court from
5-7 which a case is transferred, are required to appear before the
5-8 court to which a case is transferred as if originally required to
5-9 appear before the court to which the transfer is made.
5-10 SECTION 6. This Act takes effect September 1, 2001.