84R971 AJZ-D
By: Canales 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 A PASSENGER VEHICLE WITH A
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.
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.