| 1 | 1 | | By: Zaffirini S.B. No. 278 |
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| 2 | 2 | | (In the Senate - Filed December 8, 2016; January 30, 2017, |
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| 3 | 3 | | read first time and referred to Committee on Transportation; |
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| 4 | 4 | | March 15, 2017, reported favorably by the following vote: Yeas 6, |
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| 5 | 5 | | Nays 2; March 15, 2017, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the creation of an offense for failing to secure certain |
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| 12 | 12 | | children in a rear-facing child passenger safety seat system. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 545.412, Transportation Code, is amended |
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| 15 | 15 | | by adding Subsection (a-1) to read as follows: |
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| 16 | 16 | | (a-1) A person commits an offense if the person operates a |
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| 17 | 17 | | passenger vehicle, transports a child who is younger than two years |
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| 18 | 18 | | of age, and does not keep the child secured during the operation of |
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| 19 | 19 | | the vehicle in a rear-facing child passenger safety seat system |
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| 20 | 20 | | unless the child: |
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| 21 | 21 | | (1) is taller than three feet, four inches; or |
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| 22 | 22 | | (2) weighs more than 40 pounds. |
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| 23 | 23 | | SECTION 2. Section 545.4121(b), Transportation Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (b) It is a defense to prosecution of an offense to which |
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| 26 | 26 | | this section applies that the defendant provides to the court |
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| 27 | 27 | | evidence satisfactory to the court that: |
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| 28 | 28 | | (1) at the time of the offense: |
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| 29 | 29 | | (A) the defendant was not arrested or issued a |
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| 30 | 30 | | citation for violation of any other offense; |
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| 31 | 31 | | (B) the defendant did not possess a child |
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| 32 | 32 | | passenger safety seat system in the vehicle; and |
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| 33 | 33 | | (C) the vehicle the defendant was operating was |
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| 34 | 34 | | not involved in an accident; and |
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| 35 | 35 | | (2) subsequent to the time of the offense, the |
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| 36 | 36 | | defendant obtained an appropriate child passenger safety seat |
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| 37 | 37 | | system for each child required to be secured in a child passenger |
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| 38 | 38 | | safety seat system under Section 545.412 [545.412(a)]. |
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| 39 | 39 | | SECTION 3. Sections 545.413(b) and (b-1), Transportation |
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| 40 | 40 | | Code, are amended to read as follows: |
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| 41 | 41 | | (b) A person commits an offense if the person: |
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| 42 | 42 | | (1) operates a passenger vehicle that is equipped with |
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| 43 | 43 | | safety belts; and |
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| 44 | 44 | | (2) allows a child who is younger than 17 years of age |
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| 45 | 45 | | and who is not required to be secured in a child passenger safety |
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| 46 | 46 | | seat system under Section 545.412 [545.412(a)] to ride in the |
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| 47 | 47 | | vehicle without requiring the child to be secured by a safety belt, |
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| 48 | 48 | | provided the child is occupying a seat that is equipped with a |
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| 49 | 49 | | safety belt. |
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| 50 | 50 | | (b-1) A person commits an offense if the person allows a |
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| 51 | 51 | | child who is younger than 17 years of age and who is not required to |
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| 52 | 52 | | be secured in a child passenger safety seat system under Section |
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| 53 | 53 | | 545.412 [545.412(a)] to ride in a passenger van designed to |
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| 54 | 54 | | transport 15 or fewer passengers, including the driver, without |
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| 55 | 55 | | securing the child individually by a safety belt, if the child is |
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| 56 | 56 | | occupying a seat that is equipped with a safety belt. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2017. |
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| 58 | 58 | | * * * * * |
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