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A BILL TO BE ENTITLED
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AN ACT
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relating to certain mass transit entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2171.055, Government Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) An officer or employee of a transportation or transit |
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authority, department, district, or system established under |
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Subtitle K, Title 6, Transportation Code, who is engaged in |
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official business of the authority, department, district, or system |
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may participate in the comptroller's contracts for travel services. |
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The comptroller may charge a participating authority, department, |
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district, or system a fee not to exceed the costs incurred by the |
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comptroller in providing services under this subsection. The |
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comptroller shall periodically review fees and shall adjust them as |
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needed to ensure recovery of costs incurred in providing services |
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to authorities, departments, districts, and systems under this |
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subsection. |
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SECTION 2. Sections 451.0611(e) and (f), Transportation |
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Code, are amended to read as follows: |
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(e) The notice required by Subsection (d)(2) may be included |
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in a citation issued to the person under Article 14.06, Code of |
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Criminal Procedure, or under Section 451.0612, in connection with |
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an offense relating to the nonpayment of the appropriate fare or |
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charge for the use of the public transportation system. |
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(f) An offense under Subsection (d) is: |
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(1) a Class C misdemeanor; and |
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(2) not a crime of moral turpitude. |
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SECTION 3. Subchapter B, Chapter 451, Transportation Code, |
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is amended by adding Section 451.0612 to read as follows: |
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Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN |
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AUTHORITIES. (a) An authority confirmed before July 1, 1985, in |
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which the principal municipality has a population of less than |
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750,000 may employ persons to serve as fare enforcement officers to |
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enforce the payment of fares for use of the public transportation |
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system by: |
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(1) requesting and inspecting evidence showing |
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payment of the appropriate fare from a person using the public |
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transportation system; and |
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(2) issuing a citation to a person described by |
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Section 451.0611(d)(1). |
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(b) Before commencing duties as a fare enforcement officer a |
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person must complete a 40-hour training course approved by the |
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authority that is appropriate to the duties required of a fare |
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enforcement officer. |
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(c) While performing duties, a fare enforcement officer |
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shall: |
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(1) wear a distinctive uniform that identifies the |
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officer as a fare enforcement officer; and |
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(2) work under the direction of the authority's |
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manager of safety and security. |
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(d) A fare enforcement officer may: |
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(1) request evidence showing payment of the |
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appropriate fare from passengers of the public transportation |
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system; |
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(2) request personal identification from a passenger |
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who does not produce evidence showing payment of the appropriate |
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fare on request by the officer; |
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(3) request that a passenger leave the public |
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transportation system if the passenger does not possess evidence of |
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payment of the appropriate fare; and |
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(4) file a complaint in the appropriate court that |
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charges the person with an offense under Section 451.0611(d). |
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(e) A fare enforcement officer may not carry a weapon while |
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performing duties under this section. |
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(f) A fare enforcement officer is not a peace officer and |
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has no authority to enforce a criminal law, other than the authority |
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possessed by any other person who is not a peace officer. |
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SECTION 4. Section 451.108(c), Transportation Code, is |
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amended to read as follows: |
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(c) A peace officer commissioned under this section, except |
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as provided by Subsections (d) and (e), or a peace officer |
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contracted for employment by an authority confirmed before July 1, |
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1985, in which the principal municipality has a population of less |
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than 750,000, may: |
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(1) make an arrest in any county in which the transit |
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authority system is located as necessary to prevent or abate the |
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commission of an offense against the law of this state or a |
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political subdivision of this state if the offense or threatened |
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offense occurs on or involves the transit authority system; |
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(2) make an arrest for an offense involving injury or |
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detriment to the transit authority system; |
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(3) enforce traffic laws and investigate traffic |
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accidents that involve or occur in the transit authority system; |
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and |
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(4) provide emergency and public safety services to |
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the transit authority system or users of the transit authority |
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system. |
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SECTION 5. This Act takes effect September 1, 2009. |