| 1 | 1 | | 81R1073 DWS-D |
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| 2 | 2 | | By: Vaught, Pierson, Parker, Anchia, Gattis, H.B. No. 528 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the offense of failing to secure a child passenger in a |
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| 9 | 9 | | motor vehicle and to fines for the offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 545.412(a) and (b), Transportation |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) A person commits an offense if the person operates a |
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| 14 | 14 | | passenger vehicle, transports a child who is younger than eight |
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| 15 | 15 | | [five] years of age, unless the child is taller than four feet, nine |
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| 16 | 16 | | inches [and less than 36 inches in height], and does not keep the |
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| 17 | 17 | | child secured during the operation of the vehicle in a child |
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| 18 | 18 | | passenger safety seat system according to the instructions of the |
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| 19 | 19 | | manufacturer of the safety seat system. |
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| 20 | 20 | | (b) An offense under this section is a misdemeanor |
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| 21 | 21 | | punishable by a fine of not [less than $100 or] more than $25 |
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| 22 | 22 | | [$200]. Notwithstanding any other law, a municipality or county |
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| 23 | 23 | | shall remit each fine collected under this section to the |
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| 24 | 24 | | comptroller for deposit in a separate account in the general |
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| 25 | 25 | | revenue fund that may be appropriated only to the Texas Department |
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| 26 | 26 | | of Transportation and used to purchase child passenger safety seat |
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| 27 | 27 | | systems and distribute them to low-income families. Chapter 133, |
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| 28 | 28 | | Local Government Code, applies to a fine collected under this |
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| 29 | 29 | | section. |
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| 30 | 30 | | SECTION 2. Section 133.003, Local Government Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | Sec. 133.003. CRIMINAL FEES. This chapter applies to the |
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| 33 | 33 | | following criminal fees: |
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| 34 | 34 | | (1) the consolidated fee imposed under Section |
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| 35 | 35 | | 133.102; |
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| 36 | 36 | | (2) the time payment fee imposed under Section |
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| 37 | 37 | | 133.103; |
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| 38 | 38 | | (3) fees for services of peace officers employed by |
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| 39 | 39 | | the state imposed under Article 102.011, Code of Criminal |
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| 40 | 40 | | Procedure, and forwarded to the comptroller as provided by Section |
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| 41 | 41 | | 133.104; |
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| 42 | 42 | | (4) costs on conviction imposed in certain statutory |
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| 43 | 43 | | county courts under Section 51.702, Government Code, and deposited |
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| 44 | 44 | | in the judicial fund; |
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| 45 | 45 | | (5) costs on conviction imposed in certain county |
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| 46 | 46 | | courts under Section 51.703, Government Code, and deposited in the |
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| 47 | 47 | | judicial fund; |
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| 48 | 48 | | (6) the administrative fee for failure to appear or |
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| 49 | 49 | | failure to pay or satisfy a judgment imposed under Section 706.006, |
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| 50 | 50 | | Transportation Code; |
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| 51 | 51 | | (7) fines on conviction imposed under Section 545.412 |
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| 52 | 52 | | or 621.506(g), Transportation Code; |
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| 53 | 53 | | (8) the fee imposed under Article 102.0045, Code of |
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| 54 | 54 | | Criminal Procedure; |
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| 55 | 55 | | (9) the cost on conviction imposed under Section |
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| 56 | 56 | | 133.105 and deposited in the judicial fund; and |
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| 57 | 57 | | (10) the cost on conviction imposed under Section |
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| 58 | 58 | | 133.107. |
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| 59 | 59 | | SECTION 3. (a) Subject to Subsection (c) of this section, |
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| 60 | 60 | | the change in law made by this Act applies only to an offense |
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| 61 | 61 | | committed on or after the effective date of this Act. For the |
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| 62 | 62 | | purposes of this section, an offense is committed before the |
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| 63 | 63 | | effective date of this Act if any element of the offense occurs |
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| 64 | 64 | | before that date. |
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| 65 | 65 | | (b) An offense committed before the effective date of this |
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| 66 | 66 | | Act is governed by the law in effect when the offense was committed, |
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| 67 | 67 | | and the former law is continued in effect for that purpose. |
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| 68 | 68 | | (c) For an offense under Section 545.412, Transportation |
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| 69 | 69 | | Code, as amended by this Act, that would not have been an offense |
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| 70 | 70 | | under that section before this Act took effect, if the child who is |
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| 71 | 71 | | the subject of the offense is secured by a safety belt: |
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| 72 | 72 | | (1) the offense may be prosecuted only if the offense |
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| 73 | 73 | | occurs on or after June 1, 2010; and |
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| 74 | 74 | | (2) before June 1, 2010, a law enforcement officer may |
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| 75 | 75 | | not arrest or issue a notice to appear to a person committing the |
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| 76 | 76 | | offense, but may issue to the person a warning to comply with |
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| 77 | 77 | | Section 545.412, Transportation Code, as amended by this Act. |
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| 78 | 78 | | SECTION 4. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2009. |
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