| 1 | 1 | | 89R16244 AND-F |
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| 2 | 2 | | By: Louderback H.B. No. 5040 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the operation of a motor vehicle while another person |
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| 10 | 10 | | rides in or on a portion of the vehicle not for passenger use; |
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| 11 | 11 | | creating a criminal offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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| 14 | 14 | | is amended by adding Section 545.4135 to read as follows: |
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| 15 | 15 | | Sec. 545.4135. RIDING IN OR ON PORTION OF MOTOR VEHICLE NOT |
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| 16 | 16 | | FOR PASSENGER USE. (a) A person commits an offense if the person |
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| 17 | 17 | | operates a motor vehicle while another person rides in or on a |
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| 18 | 18 | | portion of the vehicle not designated or intended for the use of a |
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| 19 | 19 | | passenger. |
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| 20 | 20 | | (b) It is a defense to prosecution of an offense under this |
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| 21 | 21 | | section that at the time of the offense the person: |
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| 22 | 22 | | (1) was operating a vehicle used exclusively to |
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| 23 | 23 | | transport solid, semisolid, or liquid waste and the vehicle was |
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| 24 | 24 | | being operated in connection with the removal or transportation of |
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| 25 | 25 | | solid, semisolid, or liquid waste; or |
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| 26 | 26 | | (2) was a peace officer or other person providing law |
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| 27 | 27 | | enforcement, firefighting, ambulance, medical, rescue, or other |
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| 28 | 28 | | emergency services. |
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| 29 | 29 | | (c) It is a defense to prosecution of an offense under this |
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| 30 | 30 | | section involving a person occupying the bed of an open-bed pickup |
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| 31 | 31 | | truck that at the time of the offense: |
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| 32 | 32 | | (1) the actor was operating the vehicle under a |
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| 33 | 33 | | circumstance described by Section 545.414(c); or |
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| 34 | 34 | | (2) the person occupying the bed of the truck was 18 |
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| 35 | 35 | | years of age or older. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2025. |
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