81R28672 E
By: Bolton H.B. No. 4449
Substitute the following for H.B. No. 4449:
By: Pickett C.S.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 Subsections (d) and (e) to read as follows:
(d) Except as provided by Subsection (e), 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.
(e) Subsection (d) does not prohibit an operator from
carrying on a motorcycle a person younger than five years of age who
is seated in a sidecar attached to the motorcycle.
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.