The Attorney General of Texas
December 20, 1978
JOHN L. HILL
Attorney General
Honorable Ron Resech Opinion No. H- 1298
Executive Director
Texas Cosmetology Commission Re: Jurisdiction of the justice
llll Rio Grande of the peace over misdemeanor
Austin, Texas 78701 cases involving violation of the
cosmetology law, article 8451a,
V.T.C.S.
Dear Mr. Resech:
You ask:
Under the Texas Constitution, and the Code of
Criminal Procedure, do the justice of peace courts
have jurisdiction over misdemeanor cases involving
violations of the Cosmetology Statutes, codified as
Article 845la, V.A.C.S.?
You indicate that some justices of the peace refuse to accept complaints
under this law claiming a lack of jurisdiction.
Article 5, section 19 of the Texas Constitution provides:
Justices of the peace shall have jurisdiction in
criminal matters of all cases where the penalty or fine
to be imposed by law may not be more than for two
hundred dollars, . . . .
See also Code Crim. Proc. art. 4.11.
Section 47(a) of article 845la, V.T.C.S., provides:
(a) Any person who violates a provision of this Act
except Section 35 is guilty of a misdemeanor and on
conviction is punishable by a fine of not less than $25
nor more than $100.
Section 35 provides that a physician who signs a health certificate showing
that an applicant is free from contagious disease when the physician has not
p. 5115
Honorable Ron Resech - Page 2 (H-12 98 )
conducted a physical examination of the applicant is guilty of a misdemeanor
punishable by a fine of not less than $50 nor more than $200.
Since the punishment for a violation of article 845la, V.T.C.S., can not exceed
@iOi,tf” justice courts have jurisdiction over misdemeanor charges brought under
SUMMARY
The justice courts have jurisdiction over misdemeanor
violatiorq of the-Cosmetology Act, article 8451a, V.T.C.S.
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jsn
P. 5116
Untitled Texas Attorney General Opinion
Combined Opinion