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.
2-50 * * * * *