Texas 2021 - 87th Regular

Texas House Bill HB1918 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2325 JAM-D
2	2	By: Turner of Tarrant H.B. No. 1918
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a criminal offense for failing to secure
8	8	certain children in a rear-facing child passenger safety seat
9	9	system.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 545.412, Transportation Code, is amended
12	12	by adding Subsections (a-1), (a-2), and (d) to read as follows:
13	13	(a-1) A person commits an offense if the person operates a
14	14	passenger vehicle, transports a child who is younger than two years
15	15	of age, and does not keep the child secured during the operation of
16	16	the vehicle in a rear-facing child passenger safety seat system
17	17	unless the child:
18	18	(1) is taller than three feet, four inches; or
19	19	(2) weighs more than 40 pounds.
20	20	(a-2) A peace officer may not:
21	21	(1) stop a motor vehicle or detain the operator of a
22	22	motor vehicle solely to enforce Subsection (a-1); or
23	23	(2) issue a citation for an offense under Subsection
24	24	(a-1) unless the officer determines that the person has previously
25	25	been issued a warning or citation for or convicted of that offense.
26	26	(d) It is a defense to prosecution under Subsection (a-1)
27	27	that the child has a medical condition, as evidenced by a written
28	28	statement from a licensed physician, that prevents the child from
29	29	being secured in a rear-facing child passenger safety seat system.
30	30	SECTION 2. Section 545.4121(b), Transportation Code, is
31	31	amended to read as follows:
32	32	(b) It is a defense to prosecution of an offense to which
33	33	this section applies that the defendant provides to the court
34	34	evidence satisfactory to the court that:
35	35	(1) at the time of the offense:
36	36	(A) the defendant was not arrested or issued a
37	37	citation for violation of any other offense;
38	38	(B) the defendant did not possess a child
39	39	passenger safety seat system in the vehicle; and
40	40	(C) the vehicle the defendant was operating was
41	41	not involved in an accident; and
42	42	(2) subsequent to the time of the offense, the
43	43	defendant obtained an appropriate child passenger safety seat
44	44	system for each child required to be secured in a child passenger
45	45	safety seat system under Section 545.412 [545.412(a)].
46	46	SECTION 3. Sections 545.413(b) and (b-1), Transportation
47	47	Code, are amended to read as follows:
48	48	(b) A person commits an offense if the person:
49	49	(1) operates a passenger vehicle that is equipped with
50	50	safety belts; and
51	51	(2) allows a child who is younger than 17 years of age
52	52	and who is not required to be secured in a child passenger safety
53	53	seat system under Section 545.412 [545.412(a)] to ride in the
54	54	vehicle without requiring the child to be secured by a safety belt,
55	55	provided the child is occupying a seat that is equipped with a
56	56	safety belt.
57	57	(b-1) A person commits an offense if the person allows a
58	58	child who is younger than 17 years of age and who is not required to
59	59	be secured in a child passenger safety seat system under Section
60	60	545.412 [545.412(a)] to ride in a passenger van designed to
61	61	transport 15 or fewer passengers, including the driver, without
62	62	securing the child individually by a safety belt, if the child is
63	63	occupying a seat that is equipped with a safety belt.
64	64	SECTION 4. This Act takes effect September 1, 2021.