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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 1294

House Author:  Price

Effective:  9-1-13

Senate Sponsor:  Seliger et al.


            House Bill 1294 amends the Transportation Code to make the penalty for the offense of failing to secure a child in a child passenger safety seat system a fine of not less than $25 and not more than $250, rather than a fine of not more than $25 for the first offense and not more than $250 for a second or subsequent offense. The bill also establishes a defense to prosecution for the offense if the defendant proves that, at the time of the offense, the defendant was not arrested or issued a citation for violation of any other offense, the defendant did not possess a child passenger safety seat system in the vehicle, and the vehicle the defendant was operating was not involved in an accident; and, subsequent to the time of the offense, the defendant obtained an appropriate safety seat system. The bill removes as a defense to prosecution that the defendant provides proof of possessing an appropriate safety seat system.