BILL ANALYSIS S.B. 445 By: Luna (Hernandez) 04-26-95 Committee Report (Unamended) BACKGROUND Statistics compiled by the Texas Department of Public Safety indicate that between the years of 1988 to 1993, on the average, 452 injuries and 14 deaths of children under 18 occurred while riding in the bed of a pickup. In 1994 alone, 433 children 18 or under were injured, and 31 were killed. Pickup trucks were not designed to transport people in the bed. According to a national study, the risk of death among pickup truck passengers who are ejected from the vehicle was nearly six times that of passengers not ejected. The risk of ejection from a truck was 26.7 times greater among occupants riding in the bed than riding in the cab. PURPOSE As proposed, S.B. 445 makes it an offense to operate a vehicle with a child in an open bed of the vehicle or in the open bed of a trailer being towed by the vehicle. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 107D(a) and (c), Article 6701d, V.T.C.S., as follows: (a) Provides that a person commits an offense if the person operates an open bed or flatbed pickup truck or tows an open flatbed trailer on a public street or highway when a child younger than 18, rather than 12, years of age is occupying the bed of the truck or trailer. (c) Provides that it is a defense to prosecution under this section that the person was operating or towing the vehicle in a parade or in an emergency. (d) Provides that an offense under this subsection is not admissible evidence in a civil trial. SECTION 2. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posed on April 13, 1995 at 4:14 p.m., the House Committee on Transportation met in a public hearing on Wednesday, April 19, 1995 at 2:00 p.m., or upon adjournment, in Room E1.014 of the Capitol Extension and was called to order at 2:16 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out S.B. 445 and recognized Representative Hernandez to explain S.B. 445. The Chair recognized the following persons who testified in support of S.B. 445. Karen Slay, Representing herself. Fidel Ogeda, Student LaMesa High School. Anne Streetman, Texas Safety Association. Brandon Aghamalian, Texas Parent Teacher Association. The Chair recognized the following person who testified but was neutral on S.B. 445. David McEathron, Texas Department of Public Safety. The Chair left S.B. 445 pending before the Committee. Pursuant to a public notice posted on April 21, 1995, at 4:04 p.m., the House Committee on Transportation met in a public hearing on Wednesday, April 26, 1995, at 2:00 p.m., or upon adjournment, in Room E1.014 of the Capitol Extension and was called to order at 6:13 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out S.B. 445 by Luna, which was pending before the Committee. Representative Bosse moved that the Committee report S.B. 445, without amendments, to the full House with the recommendation that it do pass. The motion prevailed by the following vote: Ayes (6), Nayes (2), Absent (1), Present not voting (0).