Texas 2019 - 86th Regular

Texas House Bill HB448 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 448
	1	+	By: Turner of Tarrant, et al. H.B. No. 448
	2	+	(Senate Sponsor - Zaffirini)
	3	+	(In the Senate - Received from the House April 16, 2019;
	4	+	April 17, 2019, read first time and referred to Committee on
	5	+	Transportation; May 19, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	7	+	May 19, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 448 By: West
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the creation of an offense for failing to secure certain
6	15		children in a rear-facing child passenger safety seat system.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Section 545.412, Transportation Code, is amended
9	18		by adding Subsections (a-1), (a-2), and (d) to read as follows:
10	19		(a-1) A person commits an offense if the person operates a
11	20		passenger vehicle, transports a child who is younger than two years
12	21		of age, and does not keep the child secured during the operation of
13	22		the vehicle in a rear-facing child passenger safety seat system
14	23		unless the child:
15	24		(1) is taller than three feet, four inches; or
16	25		(2) weighs more than 40 pounds.
17	26		(a-2) A peace officer may not:
18	27		(1) stop a motor vehicle or detain the operator of a
19	28		motor vehicle solely to enforce Subsection (a-1); or
20	29		(2) issue a citation for an offense under Subsection
21	30		(a-1) unless the officer determines that the person has previously
22	31		been issued a warning or citation for or convicted of that offense.
23	32		(d) It is a defense to prosecution under Subsection (a-1)
24	33		that the child has a medical condition, as evidenced by a written
25	34		statement from a licensed physician, that prevents the child from
26	35		being secured in a rear-facing child passenger safety seat system.
27	36		SECTION 2. Section 545.4121(b), Transportation Code, is
28	37		amended to read as follows:
29	38		(b) It is a defense to prosecution of an offense to which
30	39		this section applies that the defendant provides to the court
31	40		evidence satisfactory to the court that:
32	41		(1) at the time of the offense:
33	42		(A) the defendant was not arrested or issued a
34	43		citation for violation of any other offense;
35	44		(B) the defendant did not possess a child
36	45		passenger safety seat system in the vehicle; and
37	46		(C) the vehicle the defendant was operating was
38	47		not involved in an accident; and
39	48		(2) subsequent to the time of the offense,
40	49		the defendant obtained an appropriate child passenger safety seat
41	50		system for each child required to be secured in a child passenger
42	51		safety seat system under Section 545.412 [545.412(a)].
43	52		SECTION 3. Sections 545.413(b) and (b-1), Transportation
44	53		Code, are amended to read as follows:
45	54		(b) A person commits an offense if the person:
46	55		(1) operates a passenger vehicle that is equipped with
47	56		safety belts; and
48	57		(2) allows a child who is younger than 17 years of age
49	58		and who is not required to be secured in a child passenger safety
50	59		seat system under Section 545.412 [545.412(a)] to ride in the
51	60		vehicle without requiring the child to be secured by a safety belt,
52	61		provided the child is occupying a seat that is equipped with a
53	62		safety belt.
54	63		(b-1) A person commits an offense if the person allows a
55	64		child who is younger than 17 years of age and who is not required to
56	65		be secured in a child passenger safety seat system under Section
57	66		545.412 [545.412(a)] to ride in a passenger van designed to
58	67		transport 15 or fewer passengers, including the driver, without
59	68		securing the child individually by a safety belt, if the child is
60	69		occupying a seat that is equipped with a safety belt.
61	70		SECTION 4. This Act takes effect September 1, 2019.
62		-	______________________________ ______________________________
63		-	President of the Senate Speaker of the House
64		-	I certify that H.B. No. 448 was passed by the House on April
65		-	16, 2019, by the following vote: Yeas 98, Nays 47, 2 present, not
66		-	voting; and that the House concurred in Senate amendments to H.B.
67		-	No. 448 on May 23, 2019, by the following vote: Yeas 100, Nays 38,
68		-	1 present, not voting.
69		-	______________________________
70		-	Chief Clerk of the House
71		-	I certify that H.B. No. 448 was passed by the Senate, with
72		-	amendments, on May 20, 2019, by the following vote: Yeas 22, Nays
73		-	9.
74		-	______________________________
75		-	Secretary of the Senate
76		-	APPROVED: __________________
77		-	Date
78		-	__________________
79		-	Governor
	71	+	* * * * *