81R11263 JD-D
By: Morrison H.B. No. 3794
A BILL TO BE ENTITLED
AN ACT
relating to the securing of a child passenger in a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.412(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person operates a
passenger vehicle, transports a child who is younger than eight
[five] years of age, unless the child is taller than four feet, nine
inches [and less than 36 inches in height], and does not keep the
child secured during the operation of the vehicle in a child
passenger safety seat system according to the instructions of the
manufacturer of the safety seat system.
SECTION 2. (a) Subject to Subsection (c) of this section,
the change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. For the
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
(c) For an offense under Section 545.412, Transportation
Code, as amended by this Act, that would not have been an offense
under that section before this Act took effect, if the child who is
the subject of the offense is secured by a safety belt:
(1) the offense may be prosecuted only if the offense
occurs on or after January 1, 2010; and
(2) before January 1, 2010, a law enforcement officer
may not arrest or issue a notice to appear to a person committing
the offense, but may issue to the person a warning to comply with
Section 545.412, Transportation Code, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2009.