BILL ANALYSIS

 

 

Senate Research Center

H.B. 2025

83R9589 YDB-F

By: Capriglione; Stickland (Hancock)

 

Jurisprudence

 

5/6/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 984, 82nd Legislature, Regular Session, 2011, allowed neighboring municipalities to enter into an agreement to establish concurrent jurisdiction for their municipal courts in certain cases and to provide original jurisdiction in those cases to a municipal court in either municipality. The provisions of H.B. 984 applied only to an offense committed or conduct that occurs after the effective date of an agreement, meaning that an offense committed or conduct that occurred before the agreement would remain under the sole jurisdiction of the municipality in which the case was originally brought.

 

H.B. 2025 allows each municipality that enters into a concurrent jurisdiction agreement to have original jurisdiction over offenses committed or conduct that occurs in either of the municipalities before the date of the agreement.

 

H.B. 2025 amends current law relating to the concurrent jurisdiction of the municipal courts of certain neighboring municipalities to hear criminal cases.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Provides that notwithstanding Section 3 (relating to making the changes in law made by H.B. 984 prospective), Chapter 76, Acts of the 82nd Legislature, Regular Session, 2011 (H.B. 984), relating to agreements between neighboring municipalities regarding jurisdiction of cases in municipal courts, the change in law made by that Act in adding Section 29.003(i) (relating to authorizing a municipality to enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose, for certain cases), Government Code, and Article 4.14(g) (relating to authorizing a municipality to enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose, for certain cases), Code of Criminal Procedure, applies to an offense committed or conduct that occurs before, on, or after May 19, 2011, which is the effective date of that Act.

 

SECTION 2.  Effective date: upon passage or September 1, 2013.