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H.B. No. 2500
AN ACT
relating to the enforcement of fares imposed for the use of certain
public transportation systems; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 452, Transportation Code,
is amended by adding Sections 452.0611 and 452.0612 to read as
follows:
Sec. 452.0611. ENFORCEMENT OF FARES AND OTHER CHARGES;
PENALTIES. (a) An executive committee by resolution may 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 may establish reasonable and
appropriate methods, using transit police officers or fare
enforcement officers under Section 452.0612, to ensure that persons
using the public transportation system pay the appropriate fare for
that use.
(b) An executive committee by resolution may 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) The authority shall 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) A person commits an offense if:
(1) the person or another for whom the person is
criminally responsible under Section 7.02, Penal Code, uses the
public transportation system and does not possess evidence showing
that the appropriate fare has been paid; and
(2) the person fails to pay the appropriate fare or
other charge for the use of the public transportation system and any
penalty on the fare on or before the 30th day after the date the
authority notifies the person that the person is required to pay the
amount of the fare or charge and the penalty.
(e) The notice required by Subsection (d)(2) may be included
in a citation issued to the person by a peace officer under Article
14.06, Code of Criminal Procedure, or by a fare enforcement officer
under Section 452.0612, in connection with an offense relating to
the nonpayment of the appropriate fare or charge for the use of the
public transportation system.
(f) An offense under Subsection (d) is a Class C
misdemeanor.
(g) An offense under Subsection (d) is not a crime of moral
turpitude.
Sec. 452.0612. FARE ENFORCEMENT OFFICERS. (a) The
authority may employ persons to serve as fare enforcement officers
to enforce the payment of fares for use of the public transportation
system by:
(1) requesting and inspecting evidence showing
payment of the appropriate fare from a person using the public
transportation system; and
(2) issuing a citation to a person described by
Section 452.0611(d)(1).
(b) Before commencing duties as a fare enforcement officer a
person must complete a 40-hour training course approved by the
authority that is appropriate to the duties required of a fare
enforcement officer.
(c) While performing duties, a fare enforcement officer
shall:
(1) wear a distinctive uniform that identifies the
officer as a fare enforcement officer; and
(2) work under the direction of the chief of police of
the authority.
(d) A fare enforcement officer may:
(1) request evidence showing payment of the
appropriate fare from passengers of the public transportation
system;
(2) request personal identification from a passenger
who does not produce evidence showing payment of the appropriate
fare on request by the officer;
(3) request that a passenger leave the public
transportation system if the passenger does not possess evidence of
payment of the appropriate fare; and
(4) file a complaint in the appropriate court that
charges the person with an offense under Section 452.0611(d).
(e) A fare enforcement officer may not carry a weapon while
performing duties under this section.
(f) A fare enforcement officer is not a peace officer and
has no authority to enforce a criminal law, other than the authority
possessed by any other person who is not a peace officer.
SECTION 2. Subchapter B, Chapter 451, Transportation Code,
is amended by adding Section 451.0611 to read as follows:
Sec. 451.0611. ENFORCEMENT OF FARES AND OTHER CHARGES;
PENALTIES. (a) A board by resolution may 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 may establish reasonable and appropriate methods
to ensure that persons using the public transportation system pay
the appropriate fare for that use.
(b) A board by resolution may 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) The authority shall 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) A person commits an offense if:
(1) the person or another for whom the person is
criminally responsible under Section 7.02, Penal Code, uses the
public transportation system and does not possess evidence showing
that the appropriate fare has been paid; and
(2) the person fails to pay the appropriate fare or
other charge for the use of the public transportation system and any
penalty on the fare on or before the 30th day after the date the
authority notifies the person that the person is required to pay the
amount of the fare or charge and the penalty.
(e) The notice required by Subsection (d)(2) may be included
in a citation issued to the person under Article 14.06, 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) An offense under Subsection (d) is a Class C
misdemeanor.
SECTION 3. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2500 was passed by the House on May 6,
2003, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2500 on May 30, 2003, by the following vote: Yeas 139, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2500 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor