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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