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.