| 1 | 1 | | 81R11263 JD-D |
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| 2 | 2 | | By: Morrison H.B. No. 3794 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the securing of a child passenger in a motor vehicle. |
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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 545.412(a), Transportation Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) A person commits an offense if the person operates a |
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| 12 | 12 | | passenger vehicle, transports a child who is younger than eight |
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| 13 | 13 | | [five] years of age, unless the child is taller than four feet, nine |
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| 14 | 14 | | inches [and less than 36 inches in height], and does not keep the |
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| 15 | 15 | | child secured during the operation of the vehicle in a child |
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| 16 | 16 | | passenger safety seat system according to the instructions of the |
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| 17 | 17 | | manufacturer of the safety seat system. |
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| 18 | 18 | | SECTION 2. (a) Subject to Subsection (c) of this section, |
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| 19 | 19 | | the change in law made by this Act applies only to an offense |
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| 20 | 20 | | committed on or after the effective date of this Act. For the |
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| 21 | 21 | | purposes of this section, an offense was committed before the |
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| 22 | 22 | | effective date of this Act if any element of the offense occurred |
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| 23 | 23 | | before that date. |
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| 24 | 24 | | (b) An offense committed before the effective date of this |
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| 25 | 25 | | Act is governed by the law in effect when the offense was committed, |
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| 26 | 26 | | and the former law is continued in effect for that purpose. |
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| 27 | 27 | | (c) For an offense under Section 545.412, Transportation |
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| 28 | 28 | | Code, as amended by this Act, that would not have been an offense |
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| 29 | 29 | | under that section before this Act took effect, if the child who is |
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| 30 | 30 | | the subject of the offense is secured by a safety belt: |
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| 31 | 31 | | (1) the offense may be prosecuted only if the offense |
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| 32 | 32 | | occurs on or after January 1, 2010; and |
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| 33 | 33 | | (2) before January 1, 2010, a law enforcement officer |
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| 34 | 34 | | may not arrest or issue a notice to appear to a person committing |
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| 35 | 35 | | the offense, but may issue to the person a warning to comply with |
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| 36 | 36 | | Section 545.412, Transportation Code, as amended by this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2009. |
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