| 1 | 1 | | 85R4318 JTS-D |
|---|
| 2 | 2 | | By: Gooden H.B. No. 1349 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to judicial and law enforcement authority in certain |
|---|
| 8 | 8 | | municipalities on a segment of a highway or street that abuts |
|---|
| 9 | 9 | | property located in the municipality. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article 4.14, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Subsection (h) to read as follows: |
|---|
| 13 | 13 | | (h) For the purposes of Subsection (b)(1), the territorial |
|---|
| 14 | 14 | | limits of a general law municipality with a population of less than |
|---|
| 15 | 15 | | 5,000 that is located in two counties include: |
|---|
| 16 | 16 | | (1) the entire width of a segment of highway or street, |
|---|
| 17 | 17 | | as defined by Section 541.302, Transportation Code, that is |
|---|
| 18 | 18 | | partially located in the municipality; or |
|---|
| 19 | 19 | | (2) a segment of highway or street, as defined by |
|---|
| 20 | 20 | | Section 541.302, Transportation Code, that abuts property located |
|---|
| 21 | 21 | | in the municipality. |
|---|
| 22 | 22 | | SECTION 2. Article 14.03(g), Code of Criminal Procedure, is |
|---|
| 23 | 23 | | amended by adding Subdivision (4) to read as follows: |
|---|
| 24 | 24 | | (4) For purposes of Subdivision (2), the jurisdiction |
|---|
| 25 | 25 | | of a peace officer employed by a municipality described by Article |
|---|
| 26 | 26 | | 4.14(h) includes the area included in the territorial limits of the |
|---|
| 27 | 27 | | municipality under Article 4.14(h). |
|---|
| 28 | 28 | | SECTION 3. Article 45.019, Code of Criminal Procedure, is |
|---|
| 29 | 29 | | amended by adding Subsection (h) to read as follows: |
|---|
| 30 | 30 | | (h) A complaint filed in municipal court in a municipality |
|---|
| 31 | 31 | | described by Article 4.14(h) must allege that the offense was |
|---|
| 32 | 32 | | committed in the territorial limits of the municipality, which |
|---|
| 33 | 33 | | include the area described by Article 4.14(h), in which the |
|---|
| 34 | 34 | | complaint is made. |
|---|
| 35 | 35 | | SECTION 4. Section 29.003, Government Code, is amended by |
|---|
| 36 | 36 | | adding Subsection (j) to read as follows: |
|---|
| 37 | 37 | | (j) For the purposes of Subsection (b), the territorial |
|---|
| 38 | 38 | | limits of a municipality described by Article 4.14(h), Code of |
|---|
| 39 | 39 | | Criminal Procedure, include the area described by Article 4.14(h). |
|---|
| 40 | 40 | | SECTION 5. The changes in law made by this Act apply only to |
|---|
| 41 | 41 | | an offense committed on or after the effective date of this Act. An |
|---|
| 42 | 42 | | offense committed before the effective date of this Act is governed |
|---|
| 43 | 43 | | by the law in effect on the date the offense was committed, and the |
|---|
| 44 | 44 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 45 | 45 | | this section, an offense was committed before the effective date of |
|---|
| 46 | 46 | | this Act if any element of the offense occurred before that date. |
|---|
| 47 | 47 | | SECTION 6. This Act takes effect immediately if it receives |
|---|
| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 51 | 51 | | Act takes effect September 1, 2017. |
|---|