roger that, here is a rewrite: Subject matter jurisdiction cannot be presumed, and any action taken without it is void. Garcia v. Dial, 596 S.W.2d 524, 527 (Tex. Crim. App. 1980); Nix v. State, 65 S.W.3d 664, 668 (Tex. Crim. App. 2001); Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443–44 (Tex. 1993); Mapco, Inc. v. Forrest, 795 S.W.2d 700, 703 (Tex. 1990). When jurisdiction is challenged, the burden shifts to the party asserting it — here, the State — to plead facts affirmatively demonstrating that jurisdiction exists. State v. Holland, 221 S.W.3d 639, 642 (Tex. 2007); Tex. Ass'n of Bus., 852 S.W.2d at 446. When jurisdiction is challenged, the Court has an independent duty to verify that jurisdiction has been properly vested before proceeding. State v. Roberts, 940 S.W.2d 655, 657 (Tex. Crim. App. 1996), State v. Medrano, 67 S.W.3d 892, 903 (Tex. Crim. App. 2002). you can insist all you want in the municipal court but they don't follow the law. You may have...