SRC-AMY H.B. 2500 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2500
78R11009  JTS-FBy: Harper-Brown (Harris)
Infrastructure Development and Security
5/15/2003
Engrossed


DIGEST AND PURPOSE 

Currently, peace officers operating under Chapter 452 of the
Transportation Code (Dallas Area Rapid Transit) conduct fare inspections
and issue citations to individuals who do not show proof of payment to use
bus or rail services.  The offense for a theft of service under $20.00 is
a Class C misdemeanor, which carries a fine not to exceed $500.00.  A
final conviction for theft of service would include approximately $175.00
for fine and court costs and is considered a crime of moral turpitude.
Convictions for crimes of moral turpitude can affect an individual's
employment and professional opportunities.  In addition, a Class C
misdemeanor conviction for theft absolutely disqualifies a person from
jury service in criminal cases.  H.B. 2500 authorizes transportation
authorities to conduct fare inspections and, if necessary, issue citations
under the Transportation Code, rather than the Texas Penal Code.  The
offense is still considered a Class C misdemeanor, but a conviction will
not be considered a crime of moral turpitude.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 452, Transportation Code, by
adding Section 452.0611, as follows: 

Sec. 452.0611.  ENFORCEMENT OF FARES AND OTHER CHARGES; PENALTIES. (a)
Authorizes an executive committee by resolution to prohibit the use of the
public transportation system by a person who fails to possess evidence
showing that the appropriate fare for the use of the system has been paid
and to establish reasonable and appropriate methods to ensure that persons
using the public transportation system pay the appropriate fare for that
use. 

(b) Authorizes an executive committee by resolution to provide that a fare
for or charge for the use of the public transportation system that is not
paid incurs a penalty, not to exceed $100. 

(c) Requires the regional transportation authority to post signs
designating each area in which a person is prohibited from using the
transportation system without possession of evidence showing that the
appropriate fare has been paid. 

(d) Sets forth the circumstances under which a person commits an offense.

(e) Authorizes the notice required by Subsection (d)(2) to be included in
a citation issued to the person under Article 14.06 (Must Take Offender
Before Magistrate), Code of Criminal Procedure, in connection with an
offense relating to the nonpayment of the appropriate fare or charge for
the use of the public transportation system. 

(f) Provides that an offense under Subsection (d) is a Class C misdemeanor.

 SECTION 2.  Amends Article 55.01, Code of Criminal Procedure, by adding
Subsection (e) to authorize a district court, notwithstanding Subsection
(a), to order the expunction of records and files relating to an arrest,
regardless of whether the person was subsequently acquitted or convicted
of the offense, if the arrest was for an offense under Section 452.0611,
Transportation Code, or for a Class C misdemeanor under Section 31.04
(Theft of Service), Penal Code, arising out of the nonpayment of the
appropriate fare for the use of a public transportation system. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.