| 1 | 1 | | 81R28672 E |
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| 2 | 2 | | By: Bolton H.B. No. 4449 |
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| 3 | 3 | | Substitute the following for H.B. No. 4449: |
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| 4 | 4 | | By: Pickett C.S.H.B. No. 4449 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the criminal consequences of operating a motorcycle on |
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| 10 | 10 | | which a person younger than five is a passenger. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 545.416, Transportation Code, is amended |
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| 13 | 13 | | by adding Subsections (d) and (e) to read as follows: |
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| 14 | 14 | | (d) Except as provided by Subsection (e), an operator may |
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| 15 | 15 | | not carry another person on a motorcycle unless the other person is |
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| 16 | 16 | | at least five years of age. An offense under this subsection is a |
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| 17 | 17 | | misdemeanor punishable by a fine of not less than $100 or more than |
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| 18 | 18 | | $200. It is a defense to prosecution under this subsection that the |
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| 19 | 19 | | operator was operating the motorcycle in an emergency or for a law |
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| 20 | 20 | | enforcement purpose. |
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| 21 | 21 | | (e) Subsection (d) does not prohibit an operator from |
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| 22 | 22 | | carrying on a motorcycle a person younger than five years of age who |
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| 23 | 23 | | is seated in a sidecar attached to the motorcycle. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to an offense committed on or after the effective date of this Act. |
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| 26 | 26 | | An offense committed before the effective date of this Act is |
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| 27 | 27 | | governed by the law in effect when the offense was committed, and |
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| 28 | 28 | | the former law is continued in effect for that purpose. For |
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| 29 | 29 | | purposes of this section, an offense was committed before the |
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| 30 | 30 | | effective date of this Act if any element of the offense was |
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| 31 | 31 | | committed before that date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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