Texas 2019 - 86th Regular

Texas House Bill HB900 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R20680 SRA-D
2		-	By: Israel, Zerwas, Sheffield, Howard H.B. No. 900
3		-	Substitute the following for H.B. No. 900:
4		-	By: Farrar C.S.H.B. No. 900
	1	+	86R4593 AJZ-D
	2	+	By: Israel H.B. No. 900
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the act of smoking tobacco in a vehicle with a child
10		-	present; authorizing an additional fine for certain criminal
11		-	offenses.
	8	+	present; imposing a civil penalty.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 161.501(a), Health and Safety Code, is
14		-	amended to read as follows:
15		-	(a) A hospital, birthing center, physician, nurse midwife,
16		-	or midwife who provides prenatal care to a pregnant woman during
17		-	gestation or at delivery of an infant shall:
18		-	(1) provide the woman and the father of the infant, if
19		-	possible, or another adult caregiver for the infant, with a
20		-	resource pamphlet that includes:
21		-	(A) a list of the names, addresses, and phone
22		-	numbers of professional organizations that provide postpartum
23		-	counseling and assistance to parents relating to postpartum
24		-	depression and other emotional trauma associated with pregnancy and
25		-	parenting;
26		-	(B) information regarding the prevention of
27		-	shaken baby syndrome including:
28		-	(i) techniques for coping with anger caused
29		-	by a crying baby;
30		-	(ii) different methods for preventing a
31		-	person from shaking a newborn, infant, or other young child;
32		-	(iii) the dangerous effects of shaking a
33		-	newborn, infant, or other young child; and
34		-	(iv) the symptoms of shaken baby syndrome
35		-	and who to contact, as recommended by the American Academy of
36		-	Pediatrics, if a parent suspects or knows that a baby has been
37		-	shaken in order to receive prompt medical treatment;
38		-	(C) a list of diseases for which a child is
39		-	required by state law to be immunized and the appropriate schedule
40		-	for the administration of those immunizations;
41		-	(D) the appropriate schedule for follow-up
42		-	procedures for newborn screening;
43		-	(E) information regarding sudden infant death
44		-	syndrome, including current recommendations for infant sleeping
45		-	conditions to lower the risk of sudden infant death syndrome;
46		-	(F) educational information in both English and
47		-	Spanish on:
48		-	(i) pertussis disease and the availability
49		-	of a vaccine to protect against pertussis, including information on
50		-	the Centers for Disease Control and Prevention recommendation that
51		-	parents receive Tdap during the postpartum period to protect
52		-	newborns from the transmission of pertussis; and
53		-	(ii) the incidence of cytomegalovirus,
54		-	birth defects caused by congenital cytomegalovirus, and available
55		-	resources for the family of an infant born with congenital
56		-	cytomegalovirus; [and]
57		-	(G) the danger of heatstroke for a child left
58		-	unattended in a motor vehicle; and
59		-	(H) information that states a person is subject
60		-	to a criminal fine under Section 542.4041, Transportation Code, for
61		-	smoking tobacco in a passenger vehicle with a child present;
62		-	(2) if the woman is a recipient of medical assistance
63		-	under Chapter 32, Human Resources Code, provide the woman and the
64		-	father of the infant, if possible, or another adult caregiver with a
65		-	resource guide that includes information in both English and
66		-	Spanish relating to the development, health, and safety of a child
67		-	from birth until age five, including information relating to:
68		-	(A) selecting and interacting with a primary
69		-	health care practitioner and establishing a "medical home" for the
70		-	child;
71		-	(B) dental care;
72		-	(C) effective parenting;
73		-	(D) child safety;
74		-	(E) the importance of reading to a child;
75		-	(F) expected developmental milestones;
76		-	(G) health care resources available in the state;
77		-	(H) selecting appropriate child care; and
78		-	(I) other resources available in the state;
79		-	(3) document in the woman's record that the woman
80		-	received the resource pamphlet described in Subdivision (1) and the
81		-	resource guide described in Subdivision (2), if applicable; and
82		-	(4) retain the documentation for at least five years
83		-	in the hospital's, birthing center's, physician's, nurse midwife's,
84		-	or midwife's records.
85		-	SECTION 2. Subchapter D, Chapter 542, Transportation Code,
86		-	is amended by adding Section 542.4041 to read as follows:
87		-	Sec. 542.4041. OFFENSE WHILE SMOKING TOBACCO WITH CHILD
88		-	PRESENT IN VEHICLE; FINE AUTHORIZED. In addition to the fine
89		-	prescribed by Section 542.401 or another section of this subtitle,
90		-	as applicable, a person who enters a plea of guilty or nolo
91		-	contendere to or is convicted of an offense under this subtitle
92		-	shall either, as prescribed by the judge, pay a $15 fine or complete
93		-	a parenting class approved by the judge if the offense is committed
94		-	while:
	10	+	SECTION 1. The heading to Subchapter N, Chapter 161, Health
	11	+	and Safety Code, is amended to read as follows:
	12	+	SUBCHAPTER N. E-CIGARETTE AND TOBACCO USE BY OR NEAR MINORS
	13	+	SECTION 2. Subchapter N, Chapter 161, Health and Safety
	14	+	Code, is amended by adding Section 161.258 to read as follows:
	15	+	Sec. 161.258. SMOKING TOBACCO IN PASSENGER VEHICLE WITH
	16	+	CHILD PRESENT; CIVIL PENALTY. (a) A person is liable for a civil
	17	+	penalty if:
95	18		(1) the person possesses a burning tobacco product or
96	19		smokes tobacco in a vehicle; and
97	20		(2) a child is present in the vehicle who is required
98	21		to be secured in a child passenger safety seat system during the
99		-	operation of the vehicle under Section 545.412.
100		-	SECTION 3. (a) Not later than December 1, 2019, the
101		-	Department of State Health Services shall make the informational
102		-	materials required by Section 161.501(a)(1), Health and Safety
103		-	Code, as amended by this Act, available on its Internet website.
104		-	(b) Notwithstanding Section 161.501(a)(1)(H), Health and
105		-	Safety Code, as added by this Act, a facility is not required to
106		-	comply with that provision until January 1, 2020.
107		-	SECTION 4. This Act takes effect September 1, 2019.
	22	+	operation of the vehicle under Section 545.412, Transportation
	23	+	Code.
	24	+	(b) A civil penalty imposed under Subsection (a) may not
	25	+	exceed:
	26	+	(1) $15 for the first violation; or
	27	+	(2) $150 for the second or subsequent violation.
	28	+	(c) The attorney general or an appropriate prosecuting
	29	+	attorney may sue to collect a civil penalty under this section.
	30	+	(d) If a person who is subject to a civil penalty under this
	31	+	section completes a parenting class approved by the judge, the
	32	+	judge may reduce the amount of the civil penalty otherwise imposed
	33	+	by this section.
	34	+	(e) A peace officer may not stop or detain a person who is
	35	+	the operator or an occupant of a passenger vehicle for the sole
	36	+	purpose of determining whether the person might be liable for a
	37	+	civil penalty under this section.
	38	+	SECTION 3. This Act takes effect September 1, 2019.