81R7838 TRH-F By: Watson S.B. No. 1028 A BILL TO BE ENTITLED AN ACT relating to the use of safety belts while operating or riding in a passenger vehicle; creating an offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 545.413, Transportation Code, is amended by amending Subsections (a) and (d) and adding Subsection (a-1) to read as follows: (a) A person commits an offense if: (1) the person: (A) is at least 15 years of age; (B) is riding in [the front seat of] a passenger vehicle while the vehicle is being operated; (C) is occupying a seat that is equipped with a safety belt; and (D) is not secured by a safety belt; or (2) as the operator of a school bus equipped with a safety belt for the operator's seat, the person is not secured by the safety belt. (a-1) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and (2) allows another person who is at least 17 years of age to ride in the vehicle without requiring the other person to be secured by a safety belt, provided the other person is occupying a seat that is equipped with a safety belt. (d) An offense under Subsection (a) or (a-1) is a misdemeanor punishable by a fine of not less than $25 or more than $50. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200. 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.