By Madla S.B. No. 431 74R1415 DRH-D 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 prohibition of consumption of alcoholic beverages on the property 1-5 of certain 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) is increased to the punishment 1-12 prescribed for the next highest category of offense if it is shown 1-13 on the trial of the offense that the offense occurred on the 1-14 premises of a designated recipient of mass transit funds under 1-15 Chapter 679, Acts of the 64th Legislature, 1975 (Article 6663c, 1-16 Vernon's Texas Civil Statutes), or an authority or department 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; or 2-1 (2) Section 46.02 or 49.02. 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. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES. 2-13 (a) In this section, "alcoholic beverage" has the meaning assigned 2-14 by Section 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. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES. 3-4 (a) In this section, "alcoholic beverage" has the meaning assigned 3-5 by Section 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 6B to read as follows: 3-20 Sec. 6B. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES. 3-21 (a) In this section, "alcoholic beverage" has the meaning assigned 3-22 by Section 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, 1995. 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.