BILL ANALYSIS



S.B. 431
By: Madla (Van de Putte)
May 15, 1995
Committee Report (Amended)


BACKGROUND

Patrons and bus operators of Texas transit systems have been
victimized by the increased crime on public transportation systems. 
In 1992, two gang-related deaths on or around the premises of
public transport systems occurred in San Antonio.  The consumption
of alcohol on transit premises is currently against the rules of
operations at most Texas transit systems.  Yet, a person who
violates the rule is not punishable under any enforceable law. 
City ordinances are not a viable method of regulating alcohol
consumption, because transit vehicles travel through a large number
of city jurisdictions.  Adopting identical ordinances in every city
would be a cumbersome process and may not guarantee uniformity.

PURPOSE

As proposed, S.B. 431 prescribes punishment for certain criminal
offenses committed on the premises of a public transportation
system and violations of a prohibition of alcoholic consumption on
the property of certain metropolitan transit authorities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 12D, Penal Code, by adding Section 12.48,
as follows:

     Sec. 12.48.  PENALTY IF CRIME COMMITTED ON PUBLIC
     TRANSPORTATION SYSTEM.  (a)  Provides that a punishment
     prescribed for an offense under Section 49.02, Penal Code, is
     increased to the punishment prescribed for the next highest
     category of offense if it is shown on the trial of the offense
     that the offense occurred on the premises of a designated
     recipient of mass transit funds under Article 6663c, V.T.C.S.,
     or an authority or department created under Articles 1118x,
     1119y, or 1118z, V.T.C.S.
     
     (b)  Defines "premises."
        SECTION 2.  Amends Article 1118x, V.T.C.S. by adding Section 6J, as
follows:

     Sec. 6J.  PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES. 
     (a)  Defines "alcoholic beverage." 
     
     (b)  Authorizes an authority, by resolution of its board, to
       prohibit the consumption of an alcoholic beverage on any
       real or personal property under the possession or control of
       the authority.  Requires the board to describe a particular
       place where the consumption of an alcoholic beverage is
       prohibited.
       
       (c)  Requires the authority to post a sign in each separate
       place where consumption is forbidden, indicating that
       alcoholic consumption is prohibited in that place.
       
       (d)-(e)  Provide that a person commits a Class C misdemeanor
       if the person consumes an alcoholic beverage in a place
       where the authority has forbidden consumption.
       
     SECTION 3.   Amends Article 1118y, V.T.C.S., by adding Section 10D,
to make conforming changes.

SECTION 4.   Amends Article 1118z, V.T.C.S., by adding Section 6B,
to make conforming changes.

     SECTION 5.   Provides that the provisions and rules of the Alcoholic
Beverage Code (code) and the Alcoholic Beverage Commission
(commission) prevail in any conflict between this Act or any rules
or regulations adopted under this Act and the code.  Provides that
no standard may be adopted under this Act which is more stringent
or has the effect of modifying a provision, standard, or rule of
the code or the commission.  

SECTION 6.   Makes application of Section 1 of this Act prospective.

SECTION 7.   (a)  Effective date:  upon passage, except for
Subsection (b).

        (b)  Effective date, Section 1:  September 1, 1995.

SECTION 8.   Emergency clause.
        

EXPLANATION OF AMENDMENTS

The amendment changed Section 1, by changing the word "offense" to
"second conviction"  on line 12. 

SUMMARY OF COMMITTEE ACTION

SB 431 was considered by the full committee in a public hearing on
April 19, 1995.   The following persons testified in favor of the
bill:

    Andres Torres, representing himself;
    Jeanette Espinoza, representing himself; and
    Gustavo T. Rodriquez, representing ATU #694.

The bill was left pending.  SB 431 was considered by the full
committee in a formal meeting on May 15, 1995.  The committee
considered an amendment to the bill.  The amendment was adopted
without objection.  SB 431 was reported favorably as amended, with
the recommendation that it do pass and be printed by a record of 7
ayes, 0 nays, 0 pnv, and 2 absent.