83R8993 MMC-D
By: Price H.B. No. 1294
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal of a charge for the offense of failing to
secure a child in a child passenger safety seat system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 545.4121, Transportation
Code, is amended to read as follows:
Sec. 545.4121. DISMISSAL [DEFENSE]; OBTAINING [POSSESSION
OF] CHILD PASSENGER SAFETY SEAT SYSTEM.
SECTION 2. Section 545.4121(b), Transportation Code, is
amended to read as follows:
(b) It is a defense to prosecution of an offense to which
this section applies that the defendant provides to the court
evidence satisfactory to the court that the defendant:
(1) at the time of the offense:
(A) was not arrested or issued a citation for
violation of any other offense; and
(B) did not possess a child passenger safety seat
system in the vehicle; and
(2) subsequent to the time of the offense, obtained
[possesses] an appropriate child passenger safety seat system for
each child required to be secured in a child passenger safety seat
system under Section 545.412(a).
SECTION 3. 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 on the date 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 occurred
before that date.
SECTION 4. This Act takes effect September 1, 2013.