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 * * * * *