BILL ANALYSIS


                                                         S.B. 445
                                                         By: Luna
                                                    State Affairs
                                                          3- 2-95
                                       Committee Report (Amended)
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.