73R4050 DRH-D
By Van de Putte H.B. No. 1092
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain criminal offenses committed
1-3 on the premises of a public transportation system and the
1-4 regulation of alcoholic beverages on the property of certain
1-5 metropolitan transit authorities.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
1-8 by adding Section 12.48 to read as follows:
1-9 Sec. 12.48. PENALTY IF CRIME COMMITTED ON PUBLIC
1-10 TRANSPORTATION SYSTEM. (a) The punishment prescribed for an
1-11 offense listed in Subsection (b) of this section is increased to
1-12 the punishment prescribed for the next highest category of offense
1-13 if it is shown on the trial of the offense that the offense
1-14 occurred on the premises of a designated recipient of mass transit
1-15 funds under Chapter 679, Acts of the 64th Legislature, 1975
1-16 (Article 6663c, Vernon's Texas Civil Statutes), or an authority
1-17 created under:
1-18 (1) Chapter 141, Acts of the 63rd Legislature, Regular
1-19 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes);
1-20 (2) Chapter 683, Acts of the 66th Legislature, Regular
1-21 Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes); or
1-22 (3) Article 1118z, Revised Statutes.
1-23 (b) This section applies to an offense under:
1-24 (1) Chapter 21, 22, or 29 of this code; or
2-1 (2) Section 42.08 or 46.02 of this code.
2-2 (c) This section does not apply to an offense for which the
2-3 punishment otherwise prescribed is the punishment for a
2-4 first-degree felony or a capital felony.
2-5 (d) In this section, "premises" means a bus, vehicle, rail
2-6 car, rolling stock, station, platform, bus stop, bus shelter, sales
2-7 outlet, parking lot, garage, or terminal that is used by the public
2-8 for mass transit purposes.
2-9 SECTION 2. Chapter 141, Acts of the 63rd Legislature,
2-10 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
2-11 Statutes), is amended by adding Section 6J to read as follows:
2-12 Sec. 6J. REGULATION OF ALCOHOLIC BEVERAGES. (a) In this
2-13 section, "alcoholic beverage" has the meaning assigned by Section
2-14 1.04, Alcoholic Beverage Code.
2-15 (b) An authority, by resolution of its board, may prohibit
2-16 the consumption of an alcoholic beverage on any real or personal
2-17 property under the possession or control of the authority. The
2-18 board shall describe with particularity a place where the
2-19 consumption of an alcoholic beverage is prohibited.
2-20 (c) The authority shall post a sign in each separate place
2-21 where consumption is forbidden indicating that a person may not
2-22 consume an alcoholic beverage in that place.
2-23 (d) A person commits an offense if the person consumes an
2-24 alcoholic beverage in a place where the authority has forbidden
2-25 consumption.
2-26 (e) An offense under this section is a Class C misdemeanor.
2-27 SECTION 3. Chapter 683, Acts of the 66th Legislature,
3-1 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
3-2 Statutes), is amended by adding Section 10D to read as follows:
3-3 Sec. 10D. REGULATION OF ALCOHOLIC BEVERAGES. (a) In this
3-4 section, "alcoholic beverage" has the meaning assigned by Section
3-5 1.04, Alcoholic Beverage Code.
3-6 (b) An authority, by resolution of its board, may prohibit
3-7 the consumption of an alcoholic beverage on any real or personal
3-8 property under the possession or control of the authority. The
3-9 board shall describe with particularity a place where the
3-10 consumption of an alcoholic beverage is prohibited.
3-11 (c) The authority shall post a sign in each separate place
3-12 where consumption is forbidden indicating that a person may not
3-13 consume an alcoholic beverage in that place.
3-14 (d) A person commits an offense if the person consumes an
3-15 alcoholic beverage in a place where the authority has forbidden
3-16 consumption.
3-17 (e) An offense under this section is a Class C misdemeanor.
3-18 SECTION 4. Article 1118z, Revised Statutes, is amended by
3-19 adding Section 6A to read as follows:
3-20 Sec. 6A. REGULATION OF ALCOHOLIC BEVERAGES. (a) In this
3-21 section, "alcoholic beverage" has the meaning assigned by Section
3-22 1.04, Alcoholic Beverage Code.
3-23 (b) A department, by resolution of its board, may prohibit
3-24 the consumption of an alcoholic beverage on any real or personal
3-25 property under the possession or control of the department. The
3-26 board shall describe with particularity a place where the
3-27 consumption of an alcoholic beverage is prohibited.
4-1 (c) The department shall post a sign in each separate place
4-2 where consumption is forbidden indicating that a person may not
4-3 consume an alcoholic beverage in that place.
4-4 (d) A person commits an offense if the person consumes an
4-5 alcoholic beverage in a place where the department has forbidden
4-6 consumption.
4-7 (e) An offense under this section is a Class C misdemeanor.
4-8 SECTION 5. (a) The change in law made by Section 1 of this
4-9 Act applies only to an offense committed on or after the effective
4-10 date of that section. For purposes of this section, an offense was
4-11 committed before the effective date of Section 1 if any element of
4-12 the offense occurred before the effective date.
4-13 (b) An offense committed before the effective date of
4-14 Section 1 is covered by the law in effect when the offense was
4-15 committed, and the former law is continued in effect for that
4-16 purpose.
4-17 SECTION 6. (a) Except as provided by Subsection (b) of this
4-18 section, this Act takes effect immediately.
4-19 (b) Section 1 of this Act takes effect September 1, 1993.
4-20 SECTION 7. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended,
4-25 and that this Act take effect and be in force according to its
4-26 terms, and it is so enacted.
4-27 COMMITTEE AMENDMENT NO. 1
5-1 Amend HB. 1092 in the following respects:
5-2 1. Strike the word "regulation" and insert, in lieu thereof, the
5-3 words "prohibition of consumption" at the following places in the
5-4 bill:
5-5 Page 1, Line 4
5-6 Page 2, Line 12
5-7 Page 3, Line 3
5-8 Page 3, Line 20
5-9 2. Utilize capital letters or lower case letters where
5-10 appropriate.
5-11 De La Garza