81R12958 JD-D
By: Bolton H.B. No. 4449
A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences of operating a motorcycle on
which a person younger than five is a passenger.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.416, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) An operator may not carry another person on a motorcycle
unless the other person is at least five years of age. An offense
under this subsection is a misdemeanor punishable by a fine of not
less than $100 or more than $200. It is a defense to prosecution
under this subsection that the operator was operating the
motorcycle in an emergency or for a law enforcement purpose.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2009.