| 1 | 1 | | H.B. No. 3638 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the use of safety belts by the operator of or a |
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| 6 | 6 | | passenger in a motor vehicle used exclusively to transport solid |
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| 7 | 7 | | waste. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 545.413(e), Transportation Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (e) It is a defense to prosecution under this section that: |
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| 12 | 12 | | (1) the person possesses a written statement from a |
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| 13 | 13 | | licensed physician stating that for a medical reason the person |
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| 14 | 14 | | should not wear a safety belt; |
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| 15 | 15 | | (2) the person presents to the court, not later than |
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| 16 | 16 | | the 10th day after the date of the offense, a statement from a |
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| 17 | 17 | | licensed physician stating that for a medical reason the person |
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| 18 | 18 | | should not wear a safety belt; |
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| 19 | 19 | | (3) the person is employed by the United States Postal |
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| 20 | 20 | | Service and performing a duty for that agency that requires the |
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| 21 | 21 | | operator to service postal boxes from a vehicle or that requires |
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| 22 | 22 | | frequent entry into and exit from a vehicle; |
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| 23 | 23 | | (4) the person is engaged in the actual delivery of |
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| 24 | 24 | | newspapers from a vehicle or is performing newspaper delivery |
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| 25 | 25 | | duties that require frequent entry into and exit from a vehicle; |
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| 26 | 26 | | (5) the person is employed by a public or private |
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| 27 | 27 | | utility company and is engaged in the reading of meters or |
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| 28 | 28 | | performing a similar duty for that company requiring the operator |
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| 29 | 29 | | to frequently enter into and exit from a vehicle; [or] |
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| 30 | 30 | | (6) the [The] person is operating a commercial vehicle |
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| 31 | 31 | | registered as a farm vehicle under the provisions of Section |
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| 32 | 32 | | 502.163 that does not have a gross weight, registered weight, or |
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| 33 | 33 | | gross weight rating of 48,000 pounds or more; or |
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| 34 | 34 | | (7) the person is the operator of or a passenger in a |
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| 35 | 35 | | vehicle used exclusively to transport solid waste and performing |
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| 36 | 36 | | duties that require frequent entry into and exit from the vehicle. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act to Section |
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| 38 | 38 | | 545.413(e), Transportation Code, as amended by this Act, applies |
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| 39 | 39 | | only to an offense under Section 545.413(a) of that code, |
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| 40 | 40 | | regardless of whether the offense was committed before, on, or |
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| 41 | 41 | | after the effective date of this Act. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 43 | 43 | | ______________________________ ______________________________ |
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| 44 | 44 | | President of the Senate Speaker of the House |
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| 45 | 45 | | I certify that H.B. No. 3638 was passed by the House on April |
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| 46 | 46 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 47 | 47 | | voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | I certify that H.B. No. 3638 was passed by the Senate on May |
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| 51 | 51 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Secretary of the Senate |
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| 54 | 54 | | APPROVED: _____________________ |
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| 55 | 55 | | Date |
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| 56 | 56 | | _____________________ |
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| 57 | 57 | | Governor |
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