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