84R1438 JAM-D
By: Turner of Tarrant H.B. No. 955
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an offense for failing to secure certain
children in a rear-facing child passenger safety seat system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.412, Transportation Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A person commits an offense if the person operates a
passenger vehicle, transports a child who is younger than two years
of age, and does not keep the child secured during the operation of
the vehicle in a rear-facing child passenger safety seat system
according to the instructions of the manufacturer of the safety
seat system, unless the child's height or weight exceeds the limits
established by the manufacturer of the 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:
(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 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 [545.412(a)].
SECTION 3. Sections 545.413(b) and (b-1), Transportation
Code, are amended to read as follows:
(b) A person commits an offense if the person:
(1) operates a passenger vehicle that is equipped with
safety belts; and
(2) allows a child who is younger than 17 years of age
and who is not required to be secured in a child passenger safety
seat system under Section 545.412 [545.412(a)] to ride in the
vehicle without requiring the child to be secured by a safety belt,
provided the child is occupying a seat that is equipped with a
safety belt.
(b-1) A person commits an offense if the person allows a
child who is younger than 17 years of age and who is not required to
be secured in a child passenger safety seat system under Section
545.412 [545.412(a)] to ride in a passenger van designed to
transport 15 or fewer passengers, including the driver, without
securing the child individually by a safety belt, if the child is
occupying a seat that is equipped with a safety belt.
SECTION 4. This Act takes effect September 1, 2015.