86R4593 AJZ-D
By: Israel H.B. No. 900
A BILL TO BE ENTITLED
AN ACT
relating to the act of smoking tobacco in a vehicle with a child
present; imposing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter N, Chapter 161, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER N. E-CIGARETTE AND TOBACCO USE BY OR NEAR MINORS
SECTION 2. Subchapter N, Chapter 161, Health and Safety
Code, is amended by adding Section 161.258 to read as follows:
Sec. 161.258. SMOKING TOBACCO IN PASSENGER VEHICLE WITH
CHILD PRESENT; CIVIL PENALTY. (a) A person is liable for a civil
penalty if:
(1) the person possesses a burning tobacco product or
smokes tobacco in a vehicle; and
(2) a child is present in the vehicle who is required
to be secured in a child passenger safety seat system during the
operation of the vehicle under Section 545.412, Transportation
Code.
(b) A civil penalty imposed under Subsection (a) may not
exceed:
(1) $15 for the first violation; or
(2) $150 for the second or subsequent violation.
(c) The attorney general or an appropriate prosecuting
attorney may sue to collect a civil penalty under this section.
(d) If a person who is subject to a civil penalty under this
section completes a parenting class approved by the judge, the
judge may reduce the amount of the civil penalty otherwise imposed
by this section.
(e) A peace officer may not stop or detain a person who is
the operator or an occupant of a passenger vehicle for the sole
purpose of determining whether the person might be liable for a
civil penalty under this section.
SECTION 3. This Act takes effect September 1, 2019.