78R4828 JTS-F

By:  Harris                                                       S.B. No. 1505



A BILL TO BE ENTITLED

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 Section 452.0611 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 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 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 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.