TMCCP Presents Legislative Update Seminar August 20-21, 2015, San Marcos, Texas HANDOUTS FOR Municipal Court August 21, 10:15 11:00 a.m. with Erin Higginbotham Lead Prosecutor, Bojorquez Law Firm, PC Texas Municipal Clerks Certification Program 1155 Union Circle #305067, Denton, Texas 76203-5017 940-565-3488 940-565-2012 fax municlerks@unt.edu http://municlerks.unt.edu
2015 Legislative Update : Municipal Court Friday, August 21, 2015 Presented by: Erin Higginbotham, Attorney 2015 Legislative Update Texas Truancy Transformation (HB 2398) Guns Open Carry (HB 910) Theft under $100 (HB 1396) E-Cig Regulation (SB 97) Dangerous Dog Procedures (H.B.1436) E-Mail Notices (S.B. 1116) Oaths (H.B. 4103 VETOED) 2 Truancy House Bill 2398 amends Code of Criminal Procedure, Education Code, Family Code, Government Code, and Local Government Code provisions relating to truancy. Generally, the bill repeals the offense of failure to attend school; removes school absences from the conduct considered conduct indicating a need for supervision under the juvenile justice code; establishes a range of fines for the offense of parent contributing to a student's nonattendance; establishes truancy court procedures for 3 a child who is required to attend school and who is alleged to have failed to attend school on 10 or more days or parts of days within a six-month period in the same school year; 1
Truancy provides for the dismissal of parent contributing to nonattendance charges and the expunction of failure to attend school records; changes the types of counties that must adopt a uniform truancy policy; revises a school district's duty to impose truancy prevention measures, refer a truant student to court, or file a complaint against the student's parent; provides for the establishment of local judicial donation trust 4 funds to benefit children or families who appear before a court for a truancy or curfew violation or for a misdemeanor offense before the court. Effective Sept. 1, 2015 Guns Open Carry HB 910 Expands Concealed handgun license to allow carrying a hand gun in plain view in a public place. New Class C Misdemeanor for Trespass by a License Holder with an Openly Carried Handgun. $200 Maximum Fine. Does not apply to Government Property Unless exception exists under section 46.03 or 46.035. If section 46.03 or 46.035 apply must have appropriate sign posted to exclude handguns. 5 Prohibiting Concealed Handguns Effective January 1, 2016, signs prohibiting concealed handguns should read as follows: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun". The Sign must: Include this exact language; In English and Spanish; Appear in contrasting colors; Use block letters at least 1 inch high; and Be displayed in a conspicuous manner clearly visible to the public. 6 2
Prohibiting Openly Carried Handguns Effective January 1, 2016, signs prohibiting openly carried handguns should read as follows: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411,GovernmentCode (handgun licensing law), may not enter this property with a handgun that is carried openly". The Sign must: Include this exact language; In English and Spanish; Appear in contrasting colors; Use block letters at least 1 inch high; and Be displayed in a conspicuous manner clearly visible to the public. 7 Unlawfully Posted Signs S.B. 273 Allows Citizens to file complaints and the Attorney General to enforce fines for unlawfully posted signs that prohibited concealed weapons where CHL holders are legally permitted to carry. Law becomes effective Sept. 1, 2015 Fines are $1,000 for a first offense and $10,000 for subsequent offenses 8 Theft Under $100 H.B 1396 says that Theft (as defined by the Penal Code) shall be a Class C misdemeanor if the amount of pecuniary loss is less than $100 (instead of $50). Law becomes effective Sept. 1, 2015 So any thefts valued at $99 or less will come to Muni Court. 9 3
E-Cigs S.B. 97 amends the Health and Safety Code, Education Code, and Penal Code to provide for the regulation of e-cigarettes. The bill makes it an offense for a person to sell or give an e-cigarette to a person younger than 18 years of age, for an individual younger than 18 years of age to possess or consume an e- cigarette, and for a person to operate an e-cigarette in certain public places. Law becomes effective Oct. 1, 2015 Almost everywhere it used to say tobacco it now also says e-cigarette (and that term is defined). 10 Dangerous Dogs H.B. 1436 amends the Health and Safety Code to clarify the court proceedings involving a dangerous dog determination by, among other things: establishing requirements for the owner of a dog determined by an animal control authority to be dangerous to file a court appeal of that decision; allowing dog owners appealing an authority's determination to request a trial by jury; and granting jurisdiction to the applicable county court or county court at law to hear an appeal of such cases from a municipal or justice of the peace court. 11 Dangerous Dogs Specifically, H.B. 1436 requires: That the animal control authority notify the owner in writing of the fact that the dog was declared dangerous. Makes it clear that notwithstanding any other law, including a municipal ordinance, the owner must appeal a dangerous dog determination within 15 days of being notified. Lays out specific requirements for appealing a dangerous dog determination to Municipal Court. 12 4
Dangerous Dogs In order to appeal a dangerous dog determination to municipal court, H.B. 1436 requires the owner to: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) attach a copy of the determination from the animal control authority; and (3) serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. 13 Dangerous Dogs Also, H.B. 1436 allows: A party to an appeal the decision to a county court or county court at law and notes they are entitled to a jury trial on request. Perfecting an appeal: not later than the 10th calendar day after the date the decision is issued, must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken. Not required to file a motion for a new trial to perfect an appeal. Effective September 1, 2015. 14 E-Mailing Court Notices S.B. 1116 amends the Government Code Chapter 80 to allow: A court, justice, judge, magistrate, or clerk to send any notice or document using mail or electronic mail. This section applies to all civil and criminal statutes requiring delivery of a notice or document. Must use e-mail address provided by the person being notified. 15 5
E-Mailing Court Notices Authorized methods of delivering a notice or document by electronic mail do not include: (1) facsimiles; (2) instant messaging; (3) messages on a social network website, including Facebook and Twitter; (4) telegraphs; (5) telephone messages; (6) text messages; (7) videoconferencing; (8) voice messages; or (9) webcams. Effective September 1, 2015. 16 Oaths H.B. 4103 would have amended the Government Code to authorize a judge of a municipal court who continues to serve for another term in office to continue to perform the duties of the office without taking an additional oath or affirmation. Still must make sure your Judge is taking a new oath of office every term. 17 Resources Texas Municipal Court Education Center: www.tmcec.com Texas Court Clerks Association: www.texascourtclerks.org Court Consulting Program @ the Borjorquez Law Firm, PC: hilda@texasmunicipallawyers.com 18 6
Thank You!! Bojorquez Law Firm, PC (2015) 19 7