H.B. No. 3638
AN ACT
relating to the use of safety belts by the operator of or a
passenger in a motor vehicle used exclusively to transport solid
waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.413(e), Transportation Code, is
amended to read as follows:
(e) It is a defense to prosecution under this section that:
(1) the person possesses a written statement from a
licensed physician stating that for a medical reason the person
should not wear a safety belt;
(2) the person presents to the court, not later than
the 10th day after the date of the offense, a statement from a
licensed physician stating that for a medical reason the person
should not wear a safety belt;
(3) the person is employed by the United States Postal
Service and performing a duty for that agency that requires the
operator to service postal boxes from a vehicle or that requires
frequent entry into and exit from a vehicle;
(4) the person is engaged in the actual delivery of
newspapers from a vehicle or is performing newspaper delivery
duties that require frequent entry into and exit from a vehicle;
(5) the person is employed by a public or private
utility company and is engaged in the reading of meters or
performing a similar duty for that company requiring the operator
to frequently enter into and exit from a vehicle; [or]
(6) the [The] person is operating a commercial vehicle
registered as a farm vehicle under the provisions of Section
502.163 that does not have a gross weight, registered weight, or
gross weight rating of 48,000 pounds or more; or
(7) the person is the operator of or a passenger in a
vehicle used exclusively to transport solid waste and performing
duties that require frequent entry into and exit from the vehicle.
SECTION 2. The change in law made by this Act to Section
545.413(e), Transportation Code, as amended by this Act, applies
only to an offense under Section 545.413(a) of that code,
regardless of whether the offense was committed before, on, or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3638 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3638 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor