H.B. No. 2391
 
 
 
 
AN ACT
  relating to the appearance of certain misdemeanor offenders before
  a magistrate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 14.06, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsections (c) and
  (d) to read as follows:
         (a)  Except as otherwise provided by this article
  [Subsection (b)], in each case enumerated in this Code, the person
  making the arrest or the person having custody of the person
  arrested shall take the person arrested or have him taken without
  unnecessary delay, but not later than 48 hours after the person is
  arrested, before the magistrate who may have ordered the arrest,
  before some magistrate of the county where the arrest was made
  without an order, or, to provide more expeditiously to the person
  arrested the warnings described by Article 15.17 of this Code,
  before a magistrate in any other county of this state. The
  magistrate shall immediately perform the duties described in
  Article 15.17 of this Code.
         (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 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 481.121, Health and Safety Code, if the
  offense is punishable under Subsection (b)(1) or (2) of that
  section;
               (2)  Section 28.03, Penal Code, if the offense is
  punishable under Subsection (b)(2) of that section;
               (3)  Section 28.08, Penal Code, if the offense is
  punishable under Subsection (b)(1) of that section;
               (4)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(2)(A) of that section;
               (5)  Section 31.04, Penal Code, if the offense is
  punishable under Subsection (e)(2) of that section;
               (6)  Section 38.114, Penal Code, if the offense is
  punishable as a Class B misdemeanor; or
               (7)  Section 521.457, Transportation Code.
         SECTION 2.  Article 15.17, Code of Criminal Procedure, is
  amended by adding Subsection (g) 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
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense is committed before the effective date of
  this Act if any element of the offense occurs before the effective
  date.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2391 was passed by the House on April
  27, 2007, by the following vote:  Yeas 132, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2391 was passed by the Senate on May
  18, 2007, by the following vote:  Yeas 29, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor