Legislative Session: 86(R)
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House Bill 448 |
House Author: Turner, Chris et al. |
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Effective: Vetoed |
Senate Sponsor: Zaffirini et al. |
House Bill 448 amends the Transportation Code to create an offense for a person who operates a vehicle while transporting a child younger than two years of age and fails to secure the child in a rear‑facing child passenger safety seat system. The bill prohibits a peace officer from stopping a motor vehicle or detaining the operator of the vehicle solely to enforce the offense and from issuing a citation for such an offense without determining that the person has previously been issued a warning or citation for or convicted of that offense. The bill establishes as an affirmative defense to prosecution that the child has a medical condition that prevents the child from being secured in a rear‑facing child passenger safety seat system.
Governor's Reason for Veto: "House Bill 448 is an unnecessary invasion of parental rights and an unfortunate example of over‑criminalization. Texas already compels drivers to use a car seat for a child under eight years of age. House Bill 448 would get even more prescriptive, dictating which way the car seat must be facing for a child under two years of age. It is not necessary to micromanage the parenting process to such a great extent, much less to criminalize different parenting decisions by Texans."