By: Madla S.B. No. 1096
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment for certain criminal offenses committed
1-2 on the premises of a public transportation system and the
1-3 regulation of alcoholic beverages on the premises of certain
1-4 metropolitan transit authorities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
1-7 by adding Section 12.48 to read as follows:
1-8 Sec. 12.48. PENALTY IF CRIME COMMITTED ON PUBLIC
1-9 TRANSPORTATION SYSTEM. (a) The punishment prescribed for an
1-10 offense listed in Subsection (b) of this section is increased to
1-11 the punishment prescribed for the next highest category of offense
1-12 if the offense occurred on the premises of an authority created
1-13 under:
1-14 (1) Chapter 141, Acts of the 63rd Legislature, Regular
1-15 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes);
1-16 (2) Chapter 683, Acts of the 66th Legislature, Regular
1-17 Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes); or
1-18 (3) Article 1118z, Revised Statutes.
1-19 (b) This section applies to an offense under:
1-20 (1) Chapter 21, 22, or 29, of this code; or
1-21 (2) Section 42.08, or 46.02, of this code.
1-22 (c) This section does not apply to an offense for which the
1-23 punishment otherwise prescribed is the punishment for a first
2-1 degree felony or a capital felony.
2-2 (d) In this section, "premises" means a bus, vehicle, rail
2-3 car, rolling stock, station platform, bus stop, bus shelter,
2-4 parking lot, garage, passenger terminal, or sales outlet, used by
2-5 the public for mass transit purposes.
2-6 SECTION 2. Chapter 141, Acts of the 63rd Legislature,
2-7 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
2-8 Statutes), is amended by adding Section 6J to read as follows:
2-9 Sec. 6J. REGULATION OF ALCOHOLIC BEVERAGES. (a) In this
2-10 section:
2-11 (1) "Alcoholic beverage" has the meaning assigned by
2-12 Section 1.04, Alcoholic Beverage Code.
2-13 (2) "Authority" means an authority created under
2-14 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
2-15 (Article 1118x, Vernon's Texas Civil Statutes);
2-16 (3) "Premises" shall mean the mass transit system
2-17 defined for the purposes of this section in the manner established
2-18 by resolution of the authority board. Subsections (b) and (c) of
2-19 this section shall not take effect prior to the adoption of the
2-20 aforementioned resolution by the authority board.
2-21 (b) An authority shall post a sign in each noncontiguous
2-22 portion of its premises where consumption is forbidden indicating
2-23 that a person may not consume an alcoholic beverage on those
2-24 premises.
2-25 (c) A person commits an offense if the person consumes an
3-1 alcoholic beverage on the premises of an authority.
3-2 (d) An offense under this section is a Class C misdemeanor.
3-3 SECTION 3. Chapter 683, Acts of the 66th Legislature,
3-4 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
3-5 Statutes), is amended by adding Section 10D to read as follows:
3-6 Sec. 10D. REGULATION OF ALCOHOLIC BEVERAGES. (a) In this
3-7 section:
3-8 (1) "Alcoholic beverage" has the meaning assigned by
3-9 Section 1.04, Alcoholic Beverage Code.
3-10 (2) "Authority" means an authority created under
3-11 Chapter 683, Acts of the 66th Legislature, Regular Session, 1979
3-12 (Article 1118y, Vernon's Texas Civil Statutes).
3-13 (3) "Premises" shall mean the mass transit system
3-14 defined for the purposes of this section in the manner established
3-15 by resolution of the authority board. Subsections (b) and (c) of
3-16 this section shall not take effect prior to the adoption of the
3-17 aforementioned resolution by the authority board.
3-18 (b) An authority shall post a sign in each noncontiguous
3-19 portion of its premises where consumption is forbidden indicating
3-20 that a person may not consume an alcoholic beverage on those
3-21 premises.
3-22 (c) A person commits an offense if the person consumes an
3-23 alcoholic beverage on the premises of an authority.
3-24 (d) An offense under this section is a Class C misdemeanor.
3-25 SECTION 4. Article 1118z, Revised Statutes, is amended by
4-1 adding Section 6A to read as follows:
4-2 Sec. 6A. REGULATION OF ALCOHOLIC BEVERAGES. (a) In this
4-3 section:
4-4 (1) "Alcoholic beverage" has the meaning assigned by
4-5 Section 1.04, Alcoholic Beverage Code.
4-6 (2) "Authority" means an authority created under
4-7 Article 1118z, Revised Statutes.
4-8 (3) "Premises" shall mean the mass transit system
4-9 defined for the purposes of this section in the manner established
4-10 by resolution of the authority board. Subsections (b) and (c) of
4-11 this section shall not take effect prior to the adoption of the
4-12 aforementioned resolution by the authority board.
4-13 (b) An authority shall post a sign in each noncontiguous
4-14 portion of its premises where consumption is forbidden indicating
4-15 that a person may not consume an alcoholic beverage on those
4-16 premises.
4-17 (c) A person commits an offense if the person consumes an
4-18 alcoholic beverage on the premises of an authority.
4-19 (d) An offense under this section is a Class C misdemeanor.
4-20 SECTION 5. (a) The change in law made by Section 1.01 this
4-21 Act applies only to an offense committed on or after the effective
4-22 date of that section. For purposes of this section, an offense is
4-23 committed before the effective date of Section 1 if any element of
4-24 the offense occurs before the effective date.
4-25 (b) An offense committed before the effective date of
5-1 Section 1 is covered by the law in effect when the offense was
5-2 committed, and the former law is continued in effect for that
5-3 purpose.
5-4 SECTION 6. (a) Except as provided by Subsection (b) of this
5-5 section, this Act takes effect September 1, 1993.
5-6 (b) Section 2 of this Act takes effect immediately.
5-7 (c) Section 3 of this Act takes effect immediately.
5-8 (d) Section 4 of this Act takes effect immediately.
5-9 SECTION 7. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended,
5-14 and that this Act take effect and be in force according to its
5-15 terms, and it is so enacted.