A board may set fare-enforcement rules for public transportation, the authority must post warning signs, and riding without proof of payment can be an offense with a penalty up to $100 and a Class C misdemeanor consequence.
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, 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. (g) An authority created before 1980 in which the principal municipality has a population of less than 1.9 million may allow peace officers of another political subdivision serving under a contract with the authority to enforce a resolution passed by a board under this section. Added by Acts 2003, 78th Leg., ch. 1113, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1072 (H.B. 2715), Sec. 1, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 137, eff. September 1, 2011.