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 ofhomicide by vehicle.
Dear Mr. Woods: You have asked our opinion on two questions which are:

“1. Does the District Court have anyjurisdiction to try an offense known as ‘Homicide by Vehicle’ which is described in Vernon’s Ann. Civ. St. Art. 6701d, Sec. 50A?

“2. Ifyour answer is inthe negative, dothe County Courts or County Courts at Law have exclusive jurisdiction of said offense? I: Vernon’s Texas Civil Statutes, Article 6701d, 550A provides:

“(a) Whoever shall unlawfully and unintentionally (with a conscious disregard for the rights of others) cause the death of another person while engaged inthe 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 inthe county jail not less than three (3)

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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 ‘I This article is not expressly repealed by the new Penal Code, Acts 1973, ch. 399, p. 991, Sec. 3; nor dowe believe it is repealed by implication. Compare Vernon’s Texas Penal Code, $$19. 05 and 19. 07, but see Cooper v. State, 8S.W. 654 (Tex. Ct. App. 1888). Vernon’s Texas Penal Code, §12;02, provides that II[01ffenses are designated as felonies or misdemeanors. ” A felony is defined as “an offense so designated by law or punishable by death or confinement in apenitentiary, ” §1.07 (a)(14), Vernon’s Texas Penal Code, and amisdemeanor is “an offense so designated by law or punishable by fine, by confinement injail, or by both fine and confinement injail. ” Vernon’s Texas Penal Code, 51.07 (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; 539. 01, Vernon’s Texas Penal Code: Robinson v. State, 470 S.W. 2d 697 (Tex. Grim. 1971); Craig v. State, 19S.W. 504 (Tex. Ct. App. 1892). As homicide by vehicle is neither a felony nor official misconduct, the district court has nojurisdiction to try the offense.

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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 ofwhich 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,ecase 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.

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DAVID M. KENDALL, Chairman Opinion Committee Attorney General of.Texas

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