81R1073 DWS-D
By: Vaught, Pierson, Parker, Anchia, Gattis, H.B. No. 528
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the offense of failing to secure a child passenger in a
motor vehicle and to fines for the offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 545.412(a) and (b), Transportation
Code, are 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.
(b) An offense under this section is a misdemeanor
punishable by a fine of not [less than $100 or] more than $25
[$200]. Notwithstanding any other law, a municipality or county
shall remit each fine collected under this section to the
comptroller for deposit in a separate account in the general
revenue fund that may be appropriated only to the Texas Department
of Transportation and used to purchase child passenger safety seat
systems and distribute them to low-income families. Chapter 133,
Local Government Code, applies to a fine collected under this
section.
SECTION 2. Section 133.003, Local Government Code, is
amended to read as follows:
Sec. 133.003. CRIMINAL FEES. This chapter applies to the
following criminal fees:
(1) the consolidated fee imposed under Section
133.102;
(2) the time payment fee imposed under Section
133.103;
(3) fees for services of peace officers employed by
the state imposed under Article 102.011, Code of Criminal
Procedure, and forwarded to the comptroller as provided by Section
133.104;
(4) costs on conviction imposed in certain statutory
county courts under Section 51.702, Government Code, and deposited
in the judicial fund;
(5) costs on conviction imposed in certain county
courts under Section 51.703, Government Code, and deposited in the
judicial fund;
(6) the administrative fee for failure to appear or
failure to pay or satisfy a judgment imposed under Section 706.006,
Transportation Code;
(7) fines on conviction imposed under Section 545.412
or 621.506(g), Transportation Code;
(8) the fee imposed under Article 102.0045, Code of
Criminal Procedure;
(9) the cost on conviction imposed under Section
133.105 and deposited in the judicial fund; and
(10) the cost on conviction imposed under Section
133.107.
SECTION 3. (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 is committed before the
effective date of this Act if any element of the offense occurs
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 June 1, 2010; and
(2) before June 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.