BILL ANALYSIS



C.S.H.B. 34
By: Greenberg
04-12-95
Committee Report (Substituted)


BACKGROUND

Currently, Vernon's Texas Civil Statutes (V.T.C.S.), Article 6701d,
Section 107C states that a child who is between 4 and 15 years of
age must wear a safety belt while riding in the front seat of a
vehicle.

PURPOSE

House Bill 34 will require that children between the age of 4 and
15 years of age must wear a safety belt while riding in the front
or rear seat of a vehicle.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

Section 1.  Section 107C, Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas Civil Statutes) is amended
as follows:

(c) language is added stating that except as provided by Subsection
(k), existing language says that a person commits an offense if the
person operates on a road, street, or highway of this state a
passenger car that is equipped with safety belts and 
     (1) states the person allows a child who is at least four
years old but less than 15 years old to ride in, deletes the
following language: the front seat of, the car without requiring
the child to be secured by a safety belt; or
     Adds new Subsection (c)(2) an offense is committed if another
person is riding in the front seat of the car and is not secured by
a safety belt or a child passenger safety seat system.
     Adds Subsection (k) which (1)exempts a person transporting a
child in a passenger car in which all seating positions equipped
with a safety belt are occupied; and (2) children transported in
the rear seat of a pick-up truck.
     Adds Subsection(l) defines "safety belt" for this section as
the lap belts and any shoulder straps that were original equipment
in a passenger car.

Section 2. This Act takes effect September 1, 1995 and the changes
apply only to those persons convicted on or after that date.

Section 3. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

     Subsection (c)(2) is changed stating that a person commits an
offense if they allow a child between the ages of four and ten to
ride in the rear seat of the car without the child being secured by
a safety belt and shoulder strap only if a safety belt and shoulder
strap were original equipment in the car.
     Subsection (1) defining "safety belt" is omitted from the
committee substitute.



SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 2, 1995, at 4:46 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 8, 1995 at 2:00 p.m. in Room E1.014 of the Capitol
Extension and was called to order at 2:04 p.m. by the Chair,
Representative Clyde Alexander.  The Chair laid out H.B.34 and
recognized Representative Greenberg to explain H.B.34.  The Chair
recognized Representative Bosse to lay out a Committee Substitute
to H.B.34.  The Chair recognized the following persons who
testified in support of H.B.34.  Gene Fondren, Texas Automobile
Dealers Association.  Robert Hampton, M.D.,Texas College of
Emergency Physicians.  No persons testified in opposition to
H.B.34.  The Chair recognized the following person who was neutral
on H.B.34.  Bob Templeton, Texas Department of Transportation. 
Representative Greenberg withdrew the substitute to H.B.34.  The
Chair left H.B.34 pending before the Committee.  Pursuant to a
public  notice posted on April 7, 1995 at 5:04 p.m., the House
Committee on Transportation met in a public hearing on Wednesday,
April 12, 1995, at 2:00 p.m., or upon adjournment, in Room E1.014
of the Capitol Extension and was called to order at 3:58 p.m. by
the Chair, Representative Clyde Alexander.  The Chair laid out H.B.
34 by Greenberg, which was pending before the Committee. 
Representative Alonzo laid out the Committee Substitute to H.B. 34,
and without objection, the Substitute was adopted.  Representative
Alonzo moved that the Committee report H.B. 34, as substituted, to
the full House with the recommendation that it do pass.  The motion
prevailed by the following vote: Ayes (6), Nayes (0), Absent (3),
Present not voting (0).