The Honorable W. G. Wood.s, Jr. 

District Attorney 

75th Judicial District 

P. 0. Box 431 

Liberty, Texas 77~575 

Opinion No. H- 213 

Re:. Jurisdiction over the 

offense of homicide by vehicle. 

Dear Mr. Woods: 

You have asked our opinion on two questions which are: 

“1. Does the District Court have any jurisdiction 

to try an offense known as ‘Homicide by Vehicle’ which 

is described in Vernon’s Ann. Civ. St. Art. 6701d, Sec. 

50A? 

“2. If your answer is in the negative, do the County 

Courts or County Courts at Law have exclusive jurisdiction 

of said offense? I: 

Vernon’s Texas Civil Statutes, Article 6701d, 5 50A provides: 

“(a) Whoever shall unlawfully and unintentionally 

(with a conscious disregard for the rights of others) 

cause the death of another person while engaged in the 

violation of any State law br municipal ordinance applying 

to the operation or use of a vehicle or streetcar or to 

the regulation of traffic shall be guilty of homicide when 

such violation is the proximate cause of said death. 

‘l(b) Any person convicted of homicide by vehicle 

shall be fined not less than Five Hundred Dollars ($500) 

nor more than Two Thousand Dollars ($2,000), or shall 

be imprisoned in the county jail not less than three (3) 

p. 996 
The Honorable W. G. Woods, Jr.‘;page 2 (H-213) 

months nor more than one (1) year, or may be so 

fined and so imprisoned; provided,. however, that such 

person may be tried only upon indictment bv a grand 

jury and may be tried only in the county where the 

violation occurred. ‘I 

This article is not expressly repealed by the new Penal Code, Acts 1973, 

ch. 399, p. 991, Sec. 3; nor do we believe it is repealed by implication. 

Compare Vernon’s Texas Penal Code, $ $19. 05 and 19. 07, but see Cooper 

v. State, 8 S. W. 654 (Tex. Ct. App. 1888). 

Vernon’s Texas Penal Code, § 12; 02, provides that II[ 01 ffenses are 

designated as felonies or misdemeanors. ” A felony is defined as “an offense 

so designated by law or punishable by death or confinement in a penitentiary, ” 

§ 1. 07 ( a) (14), Vernon’s Texas Penal Code, and a misdemeanor is “an offense 

so designated by law or punishable by fine, by confinement in jail, or by both 

fine and confinement in jail. ” Vernon’s Texas Penal Code, 5 1. 07 (a)(21). 

As the offense of homicide by vehicle is punishable by confinement in the 

county jail rather than the penitentiary, it is clearly a misdemeanor. 

Vernon’s Texas~ Code of Criminal Procedure, Article 4. 05 provides: 

“District courts and criminal district courts 

shall have original jurisdiction in criminal cases of the 

grade of felony, and of all misdemeanors involving 

official misconduct. ” 

See also, Texas Constitution, Article 5, Section 8. Official misconduct involves 

“unlawful behavior in relation to the duties of . . . office, willful in its character 

~ . and includes any willful or corrupt failure, refusal or neglect of an officer 

to perform any duty enjoined on him by law. ” Vernon’s Texas Civil Stautes, 

Art. 5973; 5 39. 01, Vernon’s Texas Penal Code: Robinson v. State, 470 S. W. 2d 

697 (Tex. Grim. 1971); Craig v. State, 19 S. W. 504 (Tex. Ct. App. 1892). As 

homicide by vehicle is neither a felony nor official misconduct, the district 

court has no jurisdiction to try the offense. 

p. 997 
.- _., 

The Honorable W. G. Woods, Jr., page 3 (H-213) 

Vernon’s Texas Code of Criminal Procedure, Art. 4.07 provides: 

“The oounty courts shall have original jurisdiction 

of all misdemeanors of which exclusive original jurisdiction is not given to the just&court, and when the 

fine to be imposed shall exceed two hundred dollars. ” 

Homicide by vehicle is a misdemeanor, exclusive original jurisdiction is not 

given to thejustice court, and the fine which can be imposed is more than two 

hundred dollars; therefore, exclusive original jurisdiction to try the offense 

lies in the county court, and where appropriate,, the county court at law. 

Since the offense may be tried only on indictment, the district court 

will have first contact with a case involving homicide by vehicle, but after 

receiving the indictment it should transfer th,e case to the appropriate county 

court for trial. Article 21.26, Vernon’s Texas Code of Criminal Procedure. 

SUMMARY 

The county court has exclusive jurisdiction to try the 

offense of homicide by vehicle as defined in Vernon’s Texas Civil 

Statutes, Article 6701d, § 50A. 

, 

. . 

DAVID M. KENDALL, Chairman 

Opinion Committee 

Attorney General of. Texas 

p. 998