S.B. No. 61
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. Section 545.412, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsection (b-1) 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 for the
first offense and not more than $250 for a second or subsequent
offense [$200].
(b-1) In addition to all other fees and court costs, a
person shall pay 15 cents as a court cost on conviction of an
offense under this section. Court costs due under this section
shall be collected in the same manner as other fees, fines, or costs
are collected in the case. The clerk at least monthly shall send
the court costs 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.
SECTION 2. Subchapter F, Chapter 102, Government Code, is
amended by adding Section 102.104 to read as follows:
Sec. 102.104. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURTS: TRANSPORTATION CODE. The clerk of a justice court
shall collect 15 cents as a court cost under Section 545.412,
Transportation Code, on conviction of an offense under that
section.
SECTION 3. Subchapter G, Chapter 102, Government Code, is
amended by adding Section 102.122 to read as follows:
Sec. 102.122. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: TRANSPORTATION CODE. The clerk of a municipal
court shall collect 15 cents as a court cost under Section 545.412,
Transportation Code, on conviction of an offense under that
section.
SECTION 4. (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 5. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 61 passed the Senate on
April 30, 2009, by the following vote: Yeas 23, Nays 8; and that
the Senate concurred in House amendment on May 15, 2009, by the
following vote: Yeas 19, Nays 9.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 61 passed the House, with
amendment, on May 11, 2009, by the following vote: Yeas 99,
Nays 44, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor