85R4318 JTS-D

By: Gooden H.B. No. 1349

A BILL TO BE ENTITLED

AN ACT

relating to judicial and law enforcement authority in certain municipalities on a segment of a highway or street that abuts property located in the municipality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 4.14, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows:

(h) For the purposes of Subsection (b)(1), the territorial limits of a general law municipality with a population of less than 5,000 that is located in two counties include:

(1) the entire width of a segment of highway or street, as defined by Section 541.302, Transportation Code, that is partially located in the municipality; or

(2) a segment of highway or street, as defined by Section 541.302, Transportation Code, that abuts property located in the municipality.

SECTION 2. Article 14.03(g), Code of Criminal Procedure, is amended by adding Subdivision (4) to read as follows:

(4) For purposes of Subdivision (2), the jurisdiction of a peace officer employed by a municipality described by Article 4.14(h) includes the area included in the territorial limits of the municipality under Article 4.14(h).

SECTION 3. Article 45.019, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows:

(h) A complaint filed in municipal court in a municipality described by Article 4.14(h) must allege that the offense was committed in the territorial limits of the municipality, which include the area described by Article 4.14(h), in which the complaint is made.

SECTION 4. Section 29.003, Government Code, is amended by adding Subsection (j) to read as follows:

(j) For the purposes of Subsection (b), the territorial limits of a municipality described by Article 4.14(h), Code of Criminal Procedure, include the area described by Article 4.14(h).

SECTION 5. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.