84R17275 AJZ-D
By: Canales H.B. No. 461
Substitute the following for H.B. No. 461:
By: Herrero C.S.H.B. No. 461
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an offense for smoking tobacco in a
passenger vehicle with a child present.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Penal Code, is amended by adding
Section 48.012 to read as follows:
Sec. 48.012. SMOKING TOBACCO IN PASSENGER VEHICLE WITH
CHILD PRESENT. (a) A person commits an offense if:
(1) the person possesses a burning tobacco product or
smokes tobacco in a passenger vehicle, as defined by Section
545.412, Transportation Code; and
(2) a child who is required to be secured in a child
passenger safety seat system under Section 545.412, Transportation
Code, is present in the vehicle.
(b) An offense under this section is punishable as a Class C
misdemeanor.
(c) If a person who commits an offense under this section
completes a parenting class approved by the judge, the judge may
reduce the amount of the fine otherwise imposed by this section.
(d) A peace officer may not stop or detain a person who is
the operator or an occupant of a passenger vehicle for the sole
purpose of determining whether an offense under this section is
being or has been committed.
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 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 3. This Act takes effect September 1, 2015.