Untitled Texas Attorney General Opinion ( 1974 )

THEA'ITORNEYGENERAL
'OF TEXAS
AUSTIN. TEXAS 787ll
February 26, 1974
The Honorable J. W. Hughes Opinion No. H- 243
McCulloch County Attorney.
P. 0. Box 108 Re: The proper forum for
Brady, Texas 7682,5 prosecutions under the Texas
Water Safety Act.
Dear Mr. Hughes:
You have asked whether prosecutions for violations of the Texas Water
Safety Act, Article 9206, Vernon’s Texas Civil Statutes, may be filed in
municipal court if the alleged violation occurred within the crty 1imit.s.
Most offenses under the Texas Water Safety Act are punishable by a
fine of two hundred dollars or less. See $ 24 of the Act. These offenses are
within the jurisdiction of the justice courts. Article 5, 5 19, Texas Constititutioq
Articii~ 4.11, Vernon’.6 Texas Code of Criminal ~Procedure. If the offense is
committed within the territorial limits of a city, town or village the municipal
court normally has concurrent jurisdiction with the justice court. Article 1195,
Vernon’s Texas Civil Statutes; Article 4.14, Vernon’s Texas Code of Cr’immal
Procedure. However, the Texas Water Safety Act, supra, at 5 25(e) provides:
“(e) Venue for any alleged violation or offense
under the terms and provisions of this Act shall be in
the justice court or county court having jurisdiction
where such alleged violation or offense shall have been
committed. For any offense under this Act there shall
be a presumption that such offense was committed in
the justice precinct and county wherein the dam containing
such body of water is located. ” (emphasis added).
As applied to criminal cases, venue means the place in which prosecutions
are to begin; jurisdiction refers to the power of the court to hear and determine
the case. The terms are not synonymous. Martin v. State, 385 S.W.2d 260
p. 1126
The Honorable J. W. Hughes, page 2 (H-243)
(Tex. Crim. 1964); Williams v. State, 170 S.W. 2d..48L(.Tex. Grim. 1943).
When there is a specific venue provision, it prevails over a general venue
statute. Trees v. State, 152 S.W.2d 361 (Tex. Crim. 1941).
While the specific venue provisions of section 25 (2) do not divest the
municipal court of ju risdiction of offenses under the Act committed within
the territorial limits of the city and punishable only by a fine which does not
.,exceed two hundred dollars, venue is in the justice or county court only.
Therefore,, any prosecutions under the Act should be brought in the appro-
priate justice or county court.
SUMMARY
Venue in~prosecutions under the Texas Water Safety
.Act rests exclusively in the appropriate justice or county
court even though in some cases a municipal court may have
concurrent subject matter jurisdiction.
Yours very truly,
u JOHN L. HILL
Attorney General of Texas
Opinion Committee
p.~ 1127