| 1 | 1 | | 84R17275 AJZ-D |
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| 2 | 2 | | By: Canales H.B. No. 461 |
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| 3 | 3 | | Substitute the following for H.B. No. 461: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 461 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of an offense for smoking tobacco in a |
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| 10 | 10 | | passenger vehicle with a child present. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 48, Penal Code, is amended by adding |
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| 13 | 13 | | Section 48.012 to read as follows: |
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| 14 | 14 | | Sec. 48.012. SMOKING TOBACCO IN PASSENGER VEHICLE WITH |
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| 15 | 15 | | CHILD PRESENT. (a) A person commits an offense if: |
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| 16 | 16 | | (1) the person possesses a burning tobacco product or |
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| 17 | 17 | | smokes tobacco in a passenger vehicle, as defined by Section |
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| 18 | 18 | | 545.412, Transportation Code; and |
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| 19 | 19 | | (2) a child who is required to be secured in a child |
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| 20 | 20 | | passenger safety seat system under Section 545.412, Transportation |
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| 21 | 21 | | Code, is present in the vehicle. |
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| 22 | 22 | | (b) An offense under this section is punishable as a Class C |
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| 23 | 23 | | misdemeanor. |
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| 24 | 24 | | (c) If a person who commits an offense under this section |
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| 25 | 25 | | completes a parenting class approved by the judge, the judge may |
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| 26 | 26 | | reduce the amount of the fine otherwise imposed by this section. |
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| 27 | 27 | | (d) A peace officer may not stop or detain a person who is |
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| 28 | 28 | | the operator or an occupant of a passenger vehicle for the sole |
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| 29 | 29 | | purpose of determining whether an offense under this section is |
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| 30 | 30 | | being or has been committed. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the offense was committed, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. For |
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| 36 | 36 | | purposes of this section, an offense was committed before the |
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| 37 | 37 | | effective date of this Act if any element of the offense occurred |
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| 38 | 38 | | before that date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2015. |
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