*1 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 of the peace over misdemeanor llll Rio Grande cases involving violation of the Austin, Texas 78701 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

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