| 1 | 1 | | 81R7873 KEL-D |
|---|
| 2 | 2 | | By: Woolley H.B. No. 1765 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the concurrent jurisdiction of certain municipal courts |
|---|
| 8 | 8 | | in certain criminal cases punishable by fine only. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 4.14, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Subsection (f) to read as follows: |
|---|
| 12 | 12 | | (f) A municipality with a population of 1.9 million or more |
|---|
| 13 | 13 | | and another municipality contiguous to that municipality may enter |
|---|
| 14 | 14 | | into an agreement providing concurrent jurisdiction for the |
|---|
| 15 | 15 | | municipal courts of either jurisdiction for all criminal cases |
|---|
| 16 | 16 | | arising from offenses under state law that are: |
|---|
| 17 | 17 | | (1) committed on the boundary of those municipalities |
|---|
| 18 | 18 | | or within 200 yards of that boundary; and |
|---|
| 19 | 19 | | (2) punishable by fine only. |
|---|
| 20 | 20 | | SECTION 2. Chapter 13, Code of Criminal Procedure, is |
|---|
| 21 | 21 | | amended by adding Article 13.045 to read as follows: |
|---|
| 22 | 22 | | Art. 13.045. ON THE BOUNDARIES OF CERTAIN MUNICIPALITIES. |
|---|
| 23 | 23 | | An offense punishable by fine only that is committed on the |
|---|
| 24 | 24 | | boundary, or within 200 yards of the boundary, of contiguous |
|---|
| 25 | 25 | | municipalities that have entered into an agreement authorized by |
|---|
| 26 | 26 | | Article 4.14(f) and Section 29.003(h), Government Code, may be |
|---|
| 27 | 27 | | prosecuted in either of those municipalities. |
|---|
| 28 | 28 | | SECTION 3. Section 29.003, Government Code, is amended by |
|---|
| 29 | 29 | | adding Subsection (h) to read as follows: |
|---|
| 30 | 30 | | (h) A municipality with a population of 1.9 million or more |
|---|
| 31 | 31 | | and another municipality contiguous to that municipality may enter |
|---|
| 32 | 32 | | into an agreement providing concurrent jurisdiction for the |
|---|
| 33 | 33 | | municipal courts of either jurisdiction for all criminal cases |
|---|
| 34 | 34 | | arising from offenses under state law that are: |
|---|
| 35 | 35 | | (1) committed on the boundary of those municipalities |
|---|
| 36 | 36 | | or within 200 yards of that boundary; and |
|---|
| 37 | 37 | | (2) punishable by fine only. |
|---|
| 38 | 38 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
|---|
| 40 | 40 | | An offense committed before the effective date of this Act is |
|---|
| 41 | 41 | | governed by the law in effect when the offense was committed, and |
|---|
| 42 | 42 | | the former law is continued in effect for that purpose. For |
|---|
| 43 | 43 | | purposes of this section, an offense was committed before the |
|---|
| 44 | 44 | | effective date of this Act if any element of the offense occurred |
|---|
| 45 | 45 | | before that date. |
|---|
| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2009. |
|---|