Bill Text: TX HB1319 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to a procedure in a justice or municipal court for rendering certain judgments and sentences.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB1319 Detail]
Download: Texas-2019-HB1319-Comm_Sub.html
86R21661 JCG-D | |||
By: Moody | H.B. No. 1319 | ||
Substitute the following for H.B. No. 1319: | |||
By: Murr | C.S.H.B. No. 1319 |
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relating to a procedure in a justice or municipal court for | ||
rendering certain judgments and sentences. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.041, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e)(1) This subsection applies only to a criminal action in | ||
which the defendant enters a plea of guilty or nolo contendere in a | ||
misdemeanor case punishable by fine only. | ||
(2) A criminal action described by Subdivision (1) is | ||
considered adjudicated for purposes of appeal, and the judgment and | ||
sentence in the action is considered rendered, if: | ||
(A) the defendant enters a plea of guilty or nolo | ||
contendere and pays the amount of the fine and costs owed to the | ||
state; | ||
(B) the court accepts the defendant's payment as | ||
payment in full for the amount owed; and | ||
(C) the court creates a record of the acceptance | ||
of the defendant's plea and payment, regardless of the form of the | ||
record or whether the record contains the justice's or judge's | ||
signature. | ||
SECTION 2. (a) Article 45.041(e), Code of Criminal | ||
Procedure, as added by this Act, applies to a criminal action | ||
commenced in a justice or municipal court before, on, or after the | ||
effective date of this Act. | ||
(b) The addition by this Act of Article 45.041(e), Code of | ||
Criminal Procedure, is intended to clarify rather than change the | ||
existing law. | ||
SECTION 3. 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, 2019. |