BILL ANALYSIS


                                                         S.B. 900
                                                    By: Henderson
                                                    Jurisprudence
                                                          4-12-95
                                     Committee Report (Unamended)
BACKGROUND

The Texas Family Code requires "best interest" litigation to be as
it is in civil cases generally.  While excluding evidence of a
penal violation in a civil proceeding is generally sound
jurisprudence, a statutory exclusion of this type of evidence may
prevent a fact finder in a child custody or access dispute from
making an informed "best interest" determination.

PURPOSE

As proposed, S.B. 900 provides that use or nonuse of a child
passenger safety seat system or a seat belt is not admissible
evidence in a civil trial, other than a proceeding under Title 2A,
Family Code.

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 Section 107B(f), Article 6701d, V.T.C.S. (Uniform
Act Regulating Traffic on Highways), to provide that use or nonuse
of a child passenger safety seat system is not admissible evidence
in a civil trial, other than a proceeding under Title 2A, Family
Code.

SECTION 2. Amends Section 107C(j), Article 6701d, V.T.C.S., to
provide that use or nonuse of a safety belt is not admissible
evidence in a civil trial, other than a proceeding under Title 2A,
Family Code.

SECTION 3. Effective date: September 1, 1995.  
           Makes application of this Act prospective.

SECTION 4. Emergency clause.