By: Madla S.B. No. 431
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the offense of public intoxication committed on the
1-2 premises of a public transportation system and the prohibition of
1-3 consumption of alcoholic beverages on the property of certain
1-4 metropolitan transit authorities; providing penalties.
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 under Section 49.02, Penal Code, is increased to the
1-11 punishment prescribed for the next highest category of offense if
1-12 it is shown on the trial of the offense that the offense occurred
1-13 on the premises of a designated recipient of mass transit funds
1-14 under Chapter 679, Acts of the 64th Legislature, 1975 (Article
1-15 6663c, Vernon's Texas Civil Statutes), or an authority or
1-16 department created under:
1-17 (1) Chapter 141, Acts of the 63rd Legislature, Regular
1-18 Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes);
1-19 (2) Chapter 683, Acts of the 66th Legislature, 1979
1-20 (Article 1118y, Vernon's Texas Civil Statutes); or
1-21 (3) Article 1118z, Revised Statutes.
1-22 (b) In this section, "premises" means a bus, vehicle, rail
1-23 car, rolling stock, station, platform, bus stop, bus shelter, sales
1-24 outlet, parking lot, garage, or terminal that is used by the public
2-1 for mass transit purposes.
2-2 SECTION 2. Chapter 141, Acts of the 63rd Legislature,
2-3 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
2-4 Statutes), is amended by adding Section 6J to read as follows:
2-5 Sec. 6J. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES.
2-6 (a) In this section, "alcoholic beverage" has the meaning assigned
2-7 by Section 1.04, Alcoholic Beverage Code.
2-8 (b) An authority, by resolution of its board, may prohibit
2-9 the consumption of an alcoholic beverage on any real or personal
2-10 property under the possession or control of the authority. The
2-11 board shall describe with particularity a place where the
2-12 consumption of an alcoholic beverage is prohibited.
2-13 (c) The authority shall post a sign in each separate place
2-14 where consumption is forbidden indicating that a person may not
2-15 consume an alcoholic beverage in that place.
2-16 (d) A person commits an offense if the person consumes an
2-17 alcoholic beverage in a place where the authority has forbidden
2-18 consumption.
2-19 (e) An offense under this section is a Class C misdemeanor.
2-20 SECTION 3. Chapter 683, Acts of the 66th Legislature, 1979
2-21 (Article 1118y, Vernon's Texas Civil Statutes), is amended by
2-22 adding Section 10D to read as follows:
2-23 Sec. 10D. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES.
2-24 (a) In this section, "alcoholic beverage" has the meaning assigned
2-25 by Section 1.04, Alcoholic Beverage Code.
2-26 (b) An authority, by resolution of its board, may prohibit
2-27 the consumption of an alcoholic beverage on any real or personal
3-1 property under the possession or control of the authority. The
3-2 board shall describe with particularity a place where the
3-3 consumption of an alcoholic beverage is prohibited.
3-4 (c) The authority shall post a sign in each separate place
3-5 where consumption is forbidden indicating that a person may not
3-6 consume an alcoholic beverage in that place.
3-7 (d) A person commits an offense if the person consumes an
3-8 alcoholic beverage in a place where the authority has forbidden
3-9 consumption.
3-10 (e) An offense under this section is a Class C misdemeanor.
3-11 SECTION 4. Article 1118z, Revised Statutes, is amended by
3-12 adding Section 6B to read as follows:
3-13 Sec. 6B. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES.
3-14 (a) In this section, "alcoholic beverage" has the meaning assigned
3-15 by Section 1.04, Alcoholic Beverage Code.
3-16 (b) A department, be resolution of its board, may prohibit
3-17 the consumption of an alcoholic beverage on any real or personal
3-18 property under the possession or control of the department. The
3-19 board shall describe with particularity a place where the
3-20 consumption of an alcoholic beverage is prohibited.
3-21 (c) The department shall post a sign in each separate place
3-22 where consumption is forbidden indicating that a person may not
3-23 consume an alcoholic beverage in that place.
3-24 (d) A person commits an offense if the person consumes an
3-25 alcoholic beverage in a place where the department has forbidden
3-26 consumption.
3-27 (e) An offense under this section is a Class C misdemeanor.
4-1 SECTION 5. To the extent of any conflict between this Act or
4-2 any rules or regulations adopted under this Act and the Alcoholic
4-3 Beverage Code, the provisions of the Alcoholic Beverage Code and
4-4 rules of the Texas Alcoholic Beverage Commission shall control and
4-5 prevail. No standard may be adopted under this Act which is more
4-6 stringent than or which has the effect of modifying a provision of
4-7 or a standard imposed under the Alcoholic Beverage Code or a rule
4-8 of the Texas Alcoholic Beverage Commission, and, in the event of
4-9 such conflict, a decision by any official or court shall be made in
4-10 favor of the Alcoholic Beverage Code and rules of the Texas
4-11 Alcoholic Beverage Commission.
4-12 SECTION 6. (a) The change in law made by Section 1 of this
4-13 Act applies only to an offense committed on or after the effective
4-14 date of that section. For purposes of this section, an offense was
4-15 committed before the effective date of Section 1 of this Act if any
4-16 element of the offense occurred before the effective date.
4-17 (b) An offense committed before the effective date of
4-18 Section 1 of this Act is covered by the law in effect when the
4-19 offense was committed, and the former law is continued in effect
4-20 for that purpose.
4-21 SECTION 7. (a) Except as provided by Subsection (b) of this
4-22 section, this Act takes effect immediately.
4-23 (b) Section 1 of this Act takes effect September 1, 1995.
4-24 SECTION 8. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force according to its
5-3 terms, and it is so enacted.
5-4 COMMITTEE AMENDMENT NO. 1
5-5 Amend S.B. 431 as follows:
5-6 (1) In Section 1 of the bill, in Sec. 12.48 subsection (a)
5-7 of the Penal Code (page 1, line 12), strike the word "offense" and
5-8 insert the word "second conviction" to read as follows:
5-9 "it is shown on the trial of the second conviction that the offense
5-10 occurred"
5-11 Greenberg