Texas 2009 - 81st Regular

Texas Senate Bill SB61 Compare Versions

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Old	New	Differences
1	1	S.B. No. 61
2	2
3	3
4	4	AN ACT
5	5	relating to the offense of failing to secure a child passenger in a
6	6	motor vehicle and to fines for the offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 545.412, Transportation Code, is amended
9	9	by amending Subsections (a) and (b) and adding Subsection (b-1) to
10	10	read as follows:
11	11	(a) A person commits an offense if the person operates a
12	12	passenger vehicle, transports a child who is younger than eight
13	13	[five] years of age, unless the child is taller than four feet, nine
14	14	inches [and less than 36 inches in height], and does not keep the
15	15	child secured during the operation of the vehicle in a child
16	16	passenger safety seat system according to the instructions of the
17	17	manufacturer of the safety seat system.
18	18	(b) An offense under this section is a misdemeanor
19	19	punishable by a fine of not [less than $100 or] more than $25 for the
20	20	first offense and not more than $250 for a second or subsequent
21	21	offense [$200].
22	22	(b-1) In addition to all other fees and court costs, a
23	23	person shall pay 15 cents as a court cost on conviction of an
24	24	offense under this section. Court costs due under this section
25	25	shall be collected in the same manner as other fees, fines, or costs
26	26	are collected in the case. The clerk at least monthly shall send
27	27	the court costs collected under this section to the comptroller for
28	28	deposit in a separate account in the general revenue fund that may
29	29	be appropriated only to the Texas Department of Transportation and
30	30	used to purchase child passenger safety seat systems and distribute
31	31	them to low-income families.
32	32	SECTION 2. Subchapter F, Chapter 102, Government Code, is
33	33	amended by adding Section 102.104 to read as follows:
34	34	Sec. 102.104. ADDITIONAL COURT COSTS ON CONVICTION IN
35	35	JUSTICE COURTS: TRANSPORTATION CODE. The clerk of a justice court
36	36	shall collect 15 cents as a court cost under Section 545.412,
37	37	Transportation Code, on conviction of an offense under that
38	38	section.
39	39	SECTION 3. Subchapter G, Chapter 102, Government Code, is
40	40	amended by adding Section 102.122 to read as follows:
41	41	Sec. 102.122. ADDITIONAL COURT COSTS ON CONVICTION IN
42	42	MUNICIPAL COURT: TRANSPORTATION CODE. The clerk of a municipal
43	43	court shall collect 15 cents as a court cost under Section 545.412,
44	44	Transportation Code, on conviction of an offense under that
45	45	section.
46	46	SECTION 4. (a) Subject to Subsection (c) of this section,
47	47	the change in law made by this Act applies only to an offense
48	48	committed on or after the effective date of this Act. For the
49	49	purposes of this section, an offense is committed before the
50	50	effective date of this Act if any element of the offense occurs
51	51	before that date.
52	52	(b) An offense committed before the effective date of this
53	53	Act is governed by the law in effect when the offense was committed,
54	54	and the former law is continued in effect for that purpose.
55	55	(c) For an offense under Section 545.412, Transportation
56	56	Code, as amended by this Act, that would not have been an offense
57	57	under that section before this Act took effect, if the child who is
58	58	the subject of the offense is secured by a safety belt:
59	59	(1) the offense may be prosecuted only if the offense
60	60	occurs on or after June 1, 2010; and
61	61	(2) before June 1, 2010, a law enforcement officer may
62	62	not arrest or issue a notice to appear to a person committing the
63	63	offense, but may issue to the person a warning to comply with
64	64	Section 545.412, Transportation Code, as amended by this Act.
65	65	SECTION 5. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2009.
70	70	______________________________ ______________________________
71	71	President of the Senate Speaker of the House
72	72	I hereby certify that S.B. No. 61 passed the Senate on
73	73	April 30, 2009, by the following vote: Yeas 23, Nays 8; and that
74	74	the Senate concurred in House amendment on May 15, 2009, by the
75	75	following vote: Yeas 19, Nays 9.
76	76	______________________________
77	77	Secretary of the Senate
78	78	I hereby certify that S.B. No. 61 passed the House, with
79	79	amendment, on May 11, 2009, by the following vote: Yeas 99,
80	80	Nays 44, two present not voting.
81	81	______________________________
82	82	Chief Clerk of the House
83	83	Approved:
84	84	______________________________
85	85	Date
86	86	______________________________
87	87	Governor