1-1  By:  Madla                                             S.B. No. 431
    1-2        (In the Senate - Filed February 2, 1995; February 6, 1995,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; March 16, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  March 16, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 431                    By:  Madla
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the punishment for certain criminal offenses committed
   1-11  on the premises of a public transportation system and the
   1-12  prohibition of consumption of alcoholic beverages on the property
   1-13  of certain metropolitan transit authorities.
   1-14        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-15        SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
   1-16  by adding Section 12.48 to read as follows:
   1-17        Sec. 12.48.  PENALTY IF CRIME COMMITTED ON PUBLIC
   1-18  TRANSPORTATION SYSTEM.  (a)  The punishment prescribed for an
   1-19  offense under Section 49.02, Penal Code, is increased to the
   1-20  punishment prescribed for the next highest category of offense if
   1-21  it is shown on the trial of the offense that the offense occurred
   1-22  on the premises of a designated recipient of mass transit funds
   1-23  under Chapter 679, Acts of the 64th Legislature, 1975 (Article
   1-24  6663c, Vernon's Texas Civil Statutes), or an authority or
   1-25  department created under:
   1-26              (1)  Chapter 141, Acts of the 63rd Legislature, Regular
   1-27  Session, 1973 (Article 1118x, Vernon's Texas Civil Statutes);
   1-28              (2)  Chapter 683, Acts of the 66th Legislature, 1979
   1-29  (Article 1118y, Vernon's Texas Civil Statute); or
   1-30              (3)  Article 1118z, Revised Statutes.
   1-31        (b)  In this section, "premises" means a bus, vehicle, rail
   1-32  car, rolling stock, station, platform, bus stop, bus shelter, sales
   1-33  outlet, parking lot, garage, or terminal that is used by the public
   1-34  for mass transit purposes.
   1-35        SECTION 2.  Chapter 141, Acts of the 63rd Legislature,
   1-36  Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
   1-37  Statutes), is amended by adding Section 6J to read as follows:
   1-38        Sec. 6J.  PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES.
   1-39  (a)  In this section, "alcoholic beverage" has the meaning assigned
   1-40  by Section 1.04, Alcoholic Beverage Code.
   1-41        (b)  An authority, by resolution of its board, may prohibit
   1-42  the consumption of an alcoholic beverage on any real or personal
   1-43  property under the possession or control of the authority.  The
   1-44  board shall describe with particularity a place where the
   1-45  consumption of an alcoholic beverage is prohibited.
   1-46        (c)  The authority shall post a sign in each separate place
   1-47  where consumption is forbidden indicating that a person may not
   1-48  consume an alcoholic beverage in that place.
   1-49        (d)  A person commits an offense if the person consumes an
   1-50  alcoholic beverage in a place where the authority has forbidden
   1-51  consumption.
   1-52        (e)  An offense under this section is a Class C misdemeanor.
   1-53        SECTION 3.  Chapter 683, Acts of the 66th Legislature, 1979
   1-54  (Article 1118y, Vernon's Texas Civil Statutes), is amended by
   1-55  adding Section 10D to read as follows:
   1-56        Sec. 10D.  PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES.
   1-57  (a)  In this section, "alcoholic beverage" has the meaning assigned
   1-58  by Section 1.04, Alcoholic Beverage Code.
   1-59        (b)  An authority, by resolution of its board, may prohibit
   1-60  the consumption of an alcoholic beverage on any real or personal
   1-61  property under the possession or control of the authority.  The
   1-62  board shall describe with particularity a place where the
   1-63  consumption of an alcoholic beverage is prohibited.
   1-64        (c)  The authority shall post a sign in each separate place
   1-65  where consumption is forbidden indicating that a person may not
   1-66  consume an alcoholic beverage in that place.
   1-67        (d)  A person commits an offense if the person consumes an
   1-68  alcoholic beverage in a place where the authority has forbidden
    2-1  consumption.
    2-2        (e)  An offense under this section is a Class C misdemeanor.
    2-3        SECTION 4.  Article 1118z, Revised Statutes, is amended by
    2-4  adding Section 6B to read as follows:
    2-5        Sec. 6B.  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)  A department, be 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 department.  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 department 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 department has forbidden
   2-18  consumption.
   2-19        (e)  An offense under this section is a Class C misdemeanor.
   2-20        SECTION 5.  To the extent of any conflict between this Act or
   2-21  any rules or regulations adopted under this Act and the Alcoholic
   2-22  Beverage Code, the provisions of the Alcoholic Beverage Code and
   2-23  rules of the Texas Alcoholic Beverage Commission shall control and
   2-24  prevail.  No standard may be adopted under this Act which is more
   2-25  stringent than or which has the effect of modifying a provision of
   2-26  or a standard imposed under the Alcoholic Beverage Code or a rule
   2-27  of the Texas Alcoholic Beverage Commission, and, in the event of
   2-28  such conflict, a decision by any official or court shall be made in
   2-29  favor of the Alcoholic Beverage Code and rules of the Texas
   2-30  Alcoholic Beverage Commission.
   2-31        SECTION 6.  (a)  The change in law made by Section 1 of this
   2-32  Act applies only to an offense committed on or after the effective
   2-33  date of that section.  For purposes of this section, an offense was
   2-34  committed before the effective date of Section 1 of this Act if any
   2-35  element of the offense occurred before the effective date.
   2-36        (b)  An offense committed before the effective date of
   2-37  Section 1 of this Act is covered by the law in effect when the
   2-38  offense was committed, and the former law is continued in effect
   2-39  for that purpose.
   2-40        SECTION 7.  (a)  Except as provided by Subsection (b) of this
   2-41  section, this Act takes effect immediately.
   2-42        (b)  Section 1 of this Act takes effect September 1, 1995.
   2-43        SECTION 8.  The importance of this legislation and the
   2-44  crowded condition of the calendars in both houses create an
   2-45  emergency and an imperative public necessity that the
   2-46  constitutional rule requiring bills to be read on three several
   2-47  days in each house be suspended, and this rule is hereby suspended,
   2-48  and that this Act take effect and be in force according to its
   2-49  terms, and it is so enacted.
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