| 1 | 1 | | 83R5436 PAM-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 989 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the fine or penalty for violation of a municipal rule, |
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| 8 | 8 | | ordinance, or police regulation and municipal court jurisdiction to |
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| 9 | 9 | | enforce certain violations. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 54.001(b), Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) A fine or penalty for the violation of a rule, |
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| 14 | 14 | | ordinance, or police regulation may not exceed $1,000 [$500]. |
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| 15 | 15 | | However, a fine or penalty for the violation of a rule, ordinance, |
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| 16 | 16 | | or police regulation that governs fire safety, zoning, or public |
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| 17 | 17 | | health and sanitation, including dumping of refuse, may not exceed |
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| 18 | 18 | | $4,000 [$2,000]. |
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| 19 | 19 | | SECTION 2. Section 29.003(a), Government Code, is amended |
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| 20 | 20 | | to read as follows: |
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| 21 | 21 | | (a) A municipal court, including a municipal court of |
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| 22 | 22 | | record, shall have exclusive original jurisdiction within the |
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| 23 | 23 | | municipality's territorial limits and property owned by the |
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| 24 | 24 | | municipality located in the municipality's extraterritorial |
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| 25 | 25 | | jurisdiction in all criminal cases that: |
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| 26 | 26 | | (1) arise under: |
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| 27 | 27 | | (A) the ordinances of the municipality; or |
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| 28 | 28 | | (B) a resolution, rule, or order of a joint board |
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| 29 | 29 | | operating an airport under Section 22.074, Transportation Code; and |
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| 30 | 30 | | (2) are punishable by a fine not to exceed: |
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| 31 | 31 | | (A) $4,000 [$2,000] in all cases arising under |
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| 32 | 32 | | municipal ordinances or resolutions, rules, or orders of a joint |
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| 33 | 33 | | board that govern fire safety, zoning, or public health and |
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| 34 | 34 | | sanitation, including dumping of refuse; or |
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| 35 | 35 | | (B) $1,000 [$500] in all other cases arising |
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| 36 | 36 | | under a municipal ordinance or a resolution, rule, or order of a |
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| 37 | 37 | | joint board. |
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| 38 | 38 | | SECTION 3. Article 4.14(a), Code of Criminal Procedure, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (a) A municipal court, including a municipal court of |
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| 41 | 41 | | record, shall have exclusive original jurisdiction within the |
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| 42 | 42 | | territorial limits of the municipality in all criminal cases that: |
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| 43 | 43 | | (1) arise under the ordinances of the municipality; |
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| 44 | 44 | | and |
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| 45 | 45 | | (2) are punishable by a fine not to exceed: |
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| 46 | 46 | | (A) $4,000 [$2,000] in all cases arising under |
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| 47 | 47 | | municipal ordinances that govern fire safety, zoning, or public |
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| 48 | 48 | | health and sanitation, including dumping of refuse; or |
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| 49 | 49 | | (B) $1,000 [$500] in all other cases arising |
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| 50 | 50 | | under a municipal ordinance. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2013. |
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