| 1 | 1 | | 85R2068 JAM-D |
|---|
| 2 | 2 | | By: Turner, Anchia, et al. H.B. No. 519 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the creation of an offense for failing to secure certain |
|---|
| 8 | 8 | | children in a rear-facing child passenger safety seat system. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 545.412, Transportation Code, is amended |
|---|
| 11 | 11 | | by adding Subsection (a-1) to read as follows: |
|---|
| 12 | 12 | | (a-1) A person commits an offense if the person operates a |
|---|
| 13 | 13 | | passenger vehicle, transports a child who is younger than two years |
|---|
| 14 | 14 | | of age, and does not keep the child secured during the operation of |
|---|
| 15 | 15 | | the vehicle in a rear-facing child passenger safety seat system |
|---|
| 16 | 16 | | unless the child: |
|---|
| 17 | 17 | | (1) is taller than three feet, four inches; or |
|---|
| 18 | 18 | | (2) weighs more than 40 pounds. |
|---|
| 19 | 19 | | SECTION 2. Section 545.4121(b), Transportation Code, is |
|---|
| 20 | 20 | | amended to read as follows: |
|---|
| 21 | 21 | | (b) It is a defense to prosecution of an offense to which |
|---|
| 22 | 22 | | this section applies that the defendant provides to the court |
|---|
| 23 | 23 | | evidence satisfactory to the court that: |
|---|
| 24 | 24 | | (1) at the time of the offense: |
|---|
| 25 | 25 | | (A) the defendant was not arrested or issued a |
|---|
| 26 | 26 | | citation for violation of any other offense; |
|---|
| 27 | 27 | | (B) the defendant did not possess a child |
|---|
| 28 | 28 | | passenger safety seat system in the vehicle; and |
|---|
| 29 | 29 | | (C) the vehicle the defendant was operating was |
|---|
| 30 | 30 | | not involved in an accident; and |
|---|
| 31 | 31 | | (2) subsequent to the time of the offense, |
|---|
| 32 | 32 | | the defendant obtained an appropriate child passenger safety seat |
|---|
| 33 | 33 | | system for each child required to be secured in a child passenger |
|---|
| 34 | 34 | | safety seat system under Section 545.412 [545.412(a)]. |
|---|
| 35 | 35 | | SECTION 3. Sections 545.413(b) and (b-1), Transportation |
|---|
| 36 | 36 | | Code, are amended to read as follows: |
|---|
| 37 | 37 | | (b) A person commits an offense if the person: |
|---|
| 38 | 38 | | (1) operates a passenger vehicle that is equipped with |
|---|
| 39 | 39 | | safety belts; and |
|---|
| 40 | 40 | | (2) allows a child who is younger than 17 years of age |
|---|
| 41 | 41 | | and who is not required to be secured in a child passenger safety |
|---|
| 42 | 42 | | seat system under Section 545.412 [545.412(a)] to ride in the |
|---|
| 43 | 43 | | vehicle without requiring the child to be secured by a safety belt, |
|---|
| 44 | 44 | | provided the child is occupying a seat that is equipped with a |
|---|
| 45 | 45 | | safety belt. |
|---|
| 46 | 46 | | (b-1) A person commits an offense if the person allows a |
|---|
| 47 | 47 | | child who is younger than 17 years of age and who is not required to |
|---|
| 48 | 48 | | be secured in a child passenger safety seat system under Section |
|---|
| 49 | 49 | | 545.412 [545.412(a)] to ride in a passenger van designed to |
|---|
| 50 | 50 | | transport 15 or fewer passengers, including the driver, without |
|---|
| 51 | 51 | | securing the child individually by a safety belt, if the child is |
|---|
| 52 | 52 | | occupying a seat that is equipped with a safety belt. |
|---|
| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|