HBA-BSM H.B. 2559 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2559
By: Jones, Elizabeth
Judicial Affairs
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a municipal court had concurrent
jurisdiction in certain cases with the justice court of a precinct in which
the municipality is located in areas that arise within the municipality's
territorial limits or property owned by the municipality located in the
municipality's extraterritorial jurisdiction, and were punishable by fine
only.  A municipal court was granted concurrent jurisdiction with the
justice court of a precinct on a matter that arises under the Alcoholic
Beverage Code, even though that may be outside the municipality's
extraterritorial jurisdiction.  House Bill 2559 limits the jurisdiction of
a municipal court to cases that arise within the municipality's territorial
limits or property owned by the municipality in the municipality's
extraterritorial jurisdiction. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2559 amends the Government Code to provide that municipal courts
have concurrent jurisdiction with the justice court of a precinct in which
the municipality is located in all criminal cases arising under state law
that arise within the municipality's territorial limits or property owned
by the municipality located in the municipality's extraterritorial
jurisdiction and that: 

 _are punishable only by a fine; or
 
 _arise under Chapter 106, Alcoholic Beverage Code, and do not include
confinement as an authorized sanction. 

EFFECTIVE DATE

September 1, 2001.