Enrolled Bill Summary

House Bill 537	House Author:  Berman et al.
Effective:  9-1-09	Senate Sponsor:  Eltife

            House Bill 537 amends the Transportation Code to expand the definition of "passenger vehicle" for purposes of the law creating an offense for operating a passenger vehicle without securing a child in a child passenger safety seat system to include a passenger van designed to transport 15 or fewer passengers, including the driver.  The bill makes that law applicable to third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation.  The bill makes it an offense to allow a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under that law to ride in a passenger van designed to transport 15 or fewer passengers, including the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt.  The bill makes the offense of not wearing a safety belt if a person at least 15 years of age is occupying a seat that is equipped with a safety belt apply if the person is riding in any seat of a passenger vehicle, rather than the front seat. 

            House Bill 547 makes it an offense punishable by a fine of not less than $100 or more than $200 to carry another person on a motorcycle unless the other person is at least five years of age.  The bill provides a defense to prosecution that the motorcycle was being operated in an emergency or for a law enforcement purpose, and it specifies that it is not an offense to carry on a motorcycle a person younger than five years of age who is seated in a sidecar attached to the motorcycle.