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.