Texas 2009 - 81st Regular

Texas House Bill HB2469 Compare Versions

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Old	New	Differences
1	1	81R21380 JTS-F
2	2	By: Rodriguez H.B. No. 2469
3	3	Substitute the following for H.B. No. 2469:
4	4	By: Pickett C.S.H.B. No. 2469
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain mass transit entities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2171.055, Government Code, is amended by
12	12	adding Subsection (i) to read as follows:
13	13	(i) An officer or employee of a transportation or transit
14	14	authority, department, district, or system established under
15	15	Subtitle K, Title 6, Transportation Code, who is engaged in
16	16	official business of the authority, department, district, or system
17	17	may participate in the comptroller's contracts for travel services.
18	18	The comptroller may charge a participating authority, department,
19	19	district, or system a fee not to exceed the costs incurred by the
20	20	comptroller in providing services under this subsection. The
21	21	comptroller shall periodically review fees and shall adjust them as
22	22	needed to ensure recovery of costs incurred in providing services
23	23	to authorities, departments, districts, and systems under this
24	24	subsection.
25	25	SECTION 2. Sections 451.0611(e) and (f), Transportation
26	26	Code, are amended to read as follows:
27	27	(e) The notice required by Subsection (d)(2) may be included
28	28	in a citation issued to the person under Article 14.06, Code of
29	29	Criminal Procedure, or under Section 451.0612, in connection with
30	30	an offense relating to the nonpayment of the appropriate fare or
31	31	charge for the use of the public transportation system.
32	32	(f) An offense under Subsection (d) is:
33	33	(1) a Class C misdemeanor; and
34	34	(2) not a crime of moral turpitude.
35	35	SECTION 3. Subchapter B, Chapter 451, Transportation Code,
36	36	is amended by adding Section 451.0612 to read as follows:
37	37	Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN
38	38	AUTHORITIES. (a) An authority confirmed before July 1, 1985, in
39	39	which the principal municipality has a population of less than
40	40	750,000 may employ persons to serve as fare enforcement officers to
41	41	enforce the payment of fares for use of the public transportation
42	42	system by:
43	43	(1) requesting and inspecting evidence showing
44	44	payment of the appropriate fare from a person using the public
45	45	transportation system; and
46	46	(2) issuing a citation to a person described by
47	47	Section 451.0611(d)(1).
48	48	(b) Before commencing duties as a fare enforcement officer a
49	49	person must complete a 40-hour training course approved by the
50	50	authority that is appropriate to the duties required of a fare
51	51	enforcement officer.
52	52	(c) While performing duties, a fare enforcement officer
53	53	shall:
54	54	(1) wear a distinctive uniform that identifies the
55	55	officer as a fare enforcement officer; and
56	56	(2) work under the direction of the authority's
57	57	manager of safety and security.
58	58	(d) A fare enforcement officer may:
59	59	(1) request evidence showing payment of the
60	60	appropriate fare from passengers of the public transportation
61	61	system;
62	62	(2) request personal identification from a passenger
63	63	who does not produce evidence showing payment of the appropriate
64	64	fare on request by the officer;
65	65	(3) request that a passenger leave the public
66	66	transportation system if the passenger does not possess evidence of
67	67	payment of the appropriate fare; and
68	68	(4) file a complaint in the appropriate court that
69	69	charges the person with an offense under Section 451.0611(d).
70	70	(e) A fare enforcement officer may not carry a weapon while
71	71	performing duties under this section.
72	72	(f) A fare enforcement officer is not a peace officer and
73	73	has no authority to enforce a criminal law, other than the authority
74	74	possessed by any other person who is not a peace officer.
75	75	SECTION 4. Section 451.108(c), Transportation Code, is
76	76	amended to read as follows:
77	77	(c) A peace officer commissioned under this section, except
78	78	as provided by Subsections (d) and (e), or a peace officer
79	79	contracted for employment by an authority confirmed before July 1,
80	80	1985, in which the principal municipality has a population of less
81	81	than 750,000, may:
82	82	(1) make an arrest in any county in which the transit
83	83	authority system is located as necessary to prevent or abate the
84	84	commission of an offense against the law of this state or a
85	85	political subdivision of this state if the offense or threatened
86	86	offense occurs on or involves the transit authority system;
87	87	(2) make an arrest for an offense involving injury or
88	88	detriment to the transit authority system;
89	89	(3) enforce traffic laws and investigate traffic
90	90	accidents that involve or occur in the transit authority system;
91	91	and
92	92	(4) provide emergency and public safety services to
93	93	the transit authority system or users of the transit authority
94	94	system.
95	95	SECTION 5. This Act takes effect September 1, 2009.