81R21380 JTS-F
By: Rodriguez H.B. No. 2469
Substitute the following for H.B. No. 2469:
By: Pickett C.S.H.B. No. 2469
A BILL TO BE ENTITLED
AN ACT
relating to certain mass transit entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2171.055, Government Code, is amended by
adding Subsection (i) to read as follows:
(i) An officer or employee of a transportation or transit
authority, department, district, or system established under
Subtitle K, Title 6, Transportation Code, who is engaged in
official business of the authority, department, district, or system
may participate in the comptroller's contracts for travel services.
The comptroller may charge a participating authority, department,
district, or system a fee not to exceed the costs incurred by the
comptroller in providing services under this subsection. The
comptroller shall periodically review fees and shall adjust them as
needed to ensure recovery of costs incurred in providing services
to authorities, departments, districts, and systems under this
subsection.
SECTION 2. Sections 451.0611(e) and (f), Transportation
Code, are amended to read as follows:
(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, or under Section 451.0612, 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:
(1) a Class C misdemeanor; and
(2) not a crime of moral turpitude.
SECTION 3. Subchapter B, Chapter 451, Transportation Code,
is amended by adding Section 451.0612 to read as follows:
Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN
AUTHORITIES. (a) An authority confirmed before July 1, 1985, in
which the principal municipality has a population of less than
750,000 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 451.0611(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 authority's
manager of safety and security.
(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 451.0611(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 4. Section 451.108(c), Transportation Code, is
amended to read as follows:
(c) A peace officer commissioned under this section, except
as provided by Subsections (d) and (e), or a peace officer
contracted for employment by an authority confirmed before July 1,
1985, in which the principal municipality has a population of less
than 750,000, may:
(1) make an arrest in any county in which the transit
authority system is located as necessary to prevent or abate the
commission of an offense against the law of this state or a
political subdivision of this state if the offense or threatened
offense occurs on or involves the transit authority system;
(2) make an arrest for an offense involving injury or
detriment to the transit authority system;
(3) enforce traffic laws and investigate traffic
accidents that involve or occur in the transit authority system;
and
(4) provide emergency and public safety services to
the transit authority system or users of the transit authority
system.
SECTION 5. This Act takes effect September 1, 2009.