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A BILL TO BE ENTITLED
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AN ACT
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relating to certain appeals from judgments of municipal courts of |
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record. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.03. COURTS OF APPEALS. The Courts of Appeals shall |
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have appellate jurisdiction coextensive with the limits of their |
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respective districts in all criminal cases except those in which |
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the death penalty has been assessed. This Article shall not be so |
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construed as to embrace any case which has been appealed from any |
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inferior court to the county court, the county criminal court, or |
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county court at law, in which the fine imposed or affirmed by the |
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county court, the county criminal court or county court at law does |
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not exceed one hundred dollars, unless the sole issue is the |
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constitutionality of the statute or ordinance on which the |
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conviction is based. |
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SECTION 2. Section 30.00027(a), Government Code, is amended |
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to read as follows: |
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(a) The appellant has the right to appeal to the court of |
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appeals if: |
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(1) the fine assessed against the defendant exceeds |
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$100 and [if] the judgment is affirmed by the appellate court; or |
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(2) the sole issue is the constitutionality of the |
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statute or ordinance on which a conviction is based. |
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SECTION 3. The changes in law made by this Act apply to an |
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appeal pending or filed on or after the effective date of this Act, |
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regardless of the date the judgment being appealed was entered. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |