87R6515 JSC-F     By: Minjarez H.B. No. 1388       A BILL TO BE ENTITLED   AN ACT   relating to the appearance of certain misdemeanor and state jail   felony offenders before a magistrate.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 14.06(c) and (d), Code of Criminal   Procedure, are amended to read as follows:          (c)  If the person resides in the county where the offense   occurred, a peace officer who is charging a person with committing   an offense that is a Class A or B misdemeanor or state jail felony   may, instead of taking the person before a magistrate, issue a   citation to the person that contains written notice of the time and   place the person must appear before a magistrate of this state as   described by Subsection (a), the name and address of the person   charged, and the offense charged.          (d)  Subsection (c) applies only to a person charged with   committing an offense under:                (1)  Section 481.115 [481.121], Health and Safety Code,   if the offense is punishable under Subsection (b) [(b)(1) or (2)] of   that section;                (2)  Section 481.1151, Health and Safety Code, if the   offense is punishable under Subsection (b)(1) of that section;                (3)  Section 481.116, Health and Safety Code, if the   offense is punishable under Subsection (b) of that section;                (4)  [(1-a)] Section 481.1161, Health and Safety Code,   if the offense is punishable under Subsection (b)(1), [or] (2), or   (3) of that section;                (5)  Section 481.117, Health and Safety Code, if the   offense is punishable under Subsection (b) of that section;                (6)  Section 481.118, Health and Safety Code, if the   offense is punishable under Subsection (b) of that section;                (7)  Section 481.119, Health and Safety Code, if the   offense is punishable under Subsection (a) of that section as a   Class A misdemeanor or state jail felony;                (8)  Section 481.121, Health and Safety Code, if the   offense is punishable under Subsection (b)(1), (2), or (3) of that   section;                (9) [(2)]  Section 28.03, Penal Code, if the offense is   punishable under Subsection (b)(2), (3), or (4) of that section;                (10) [(3)]  Section 28.08, Penal Code, if the offense   is punishable under Subsection (b)(2), [or] (3), or (4) of that   section;                (11)  Section 30.05, Penal Code, if the offense is   punishable under Subsection (d)(1) or (3) of that section;                (12) [(4)]  Section 31.03, Penal Code, if the offense   is punishable under Subsection (e)(2)(A), (e)(3), or (e)(4)(A) of   that section;                (13) [(5)]  Section 31.04, Penal Code, if the offense   is punishable under Subsection (e)(2), (3), or (4) of that section;                (14) [(6)]  Section 38.114, Penal Code, if the offense   is punishable as a Class B misdemeanor;                (15)  Section 43.02, Penal Code, if the offense is   punishable under Subsection (c) of that section or punishable as a   Class A misdemeanor or state jail felony under Subsection (c-1) of   that section; or                (16) [(7)]  Section 521.457, Transportation Code.          SECTION 2.  Article 15.17(g), Code of Criminal Procedure, is   amended to read as follows:          (g)  If a person charged with an offense [punishable as a   misdemeanor] appears before a magistrate in compliance with a   citation issued under Article 14.06(b) or (c), the magistrate shall   perform the duties imposed by this article in the same manner as if   the person had been arrested and brought before the magistrate by a   peace officer.  After the magistrate performs the duties imposed by   this article, the magistrate except for good cause shown may   release the person on personal bond.  If a person who was issued a   citation under Article 14.06(c) fails to appear as required by that   citation, the magistrate before which the person is required to   appear shall issue a warrant for the arrest of the accused.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2021.