H.B. No. 1294
AN ACT
relating to 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. Section 545.412(b), Transportation Code, is
amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable by a fine of not less [more] than $25 [for the first
offense] and not more than $250 [for a second or subsequent
offense].
SECTION 2. 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 3. 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:
(1) at the time of the offense:
(A) the defendant was not arrested or issued a
citation for violation of any other offense;
(B) the defendant did not possess a child
passenger safety seat system in the vehicle; and
(C) the vehicle the defendant was operating was
not involved in an accident; and
(2) subsequent to the time of the offense, the
defendant obtained [the defendant 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 4. 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 5. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1294 was passed by the House on April
26, 2013, by the following vote: Yeas 137, Nays 3, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1294 on May 21, 2013, by the following vote: Yeas 139, Nays 3,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1294 was passed by the Senate, with
amendments, on May 17, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor