1-1  By:  Luna, Montford, Lucio                             S.B. No. 445
    1-2        (In the Senate - Filed February 3, 1995; February 8, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  February 16, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 9, Nays 3; February 16, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                 By:  Cain
    1-7  Amend S.B. No. 445 (introduced version page 1, line 17; committee
    1-8  printing page 1, line 28) by adding the following:
    1-9        (d)  An offense under this subsection is not admissible
   1-10  evidence in a civil trial.
   1-11                         A BILL TO BE ENTITLED
   1-12                                AN ACT
   1-13  relating to the offense of operation of a vehicle with a child in
   1-14  an open bed of the vehicle or in the open bed of a trailer being
   1-15  towed by the vehicle.
   1-16        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-17        SECTION 1.  Subsections (a) and (c), Section 107D, Uniform
   1-18  Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
   1-19  Civil Statutes), are amended to read as follows:
   1-20        (a)  A person commits an offense if the person<, at a speed
   1-21  that exceeds 35 miles per hour,> operates an open bed pickup truck
   1-22  or an open flatbed truck or tows an open flatbed trailer on a
   1-23  public street or highway when a child younger than 18 <12> years of
   1-24  age is occupying the bed of the truck or trailer.
   1-25        (c)  It is a defense to prosecution under this section that
   1-26  the person was operating or towing the vehicle in a parade or in an
   1-27  emergency.
   1-28        SECTION 2.  This Act takes effect September 1, 1995.  The
   1-29  change in law made by this Act applies only to an offense committed
   1-30  on or after September 1, 1995.  An offense committed before the
   1-31  effective date of this Act is covered by the law in effect when the
   1-32  offense was committed, and the former law is continued in effect
   1-33  for that purpose.  For purposes of this section, an offense was
   1-34  committed before September 1, 1995, if any element of the offense
   1-35  occurred before that date.
   1-36        SECTION 3.  The importance of this legislation and the
   1-37  crowded condition of the calendars in both houses create an
   1-38  emergency and an imperative public necessity that the
   1-39  constitutional rule requiring bills to be read on three several
   1-40  days in each house be suspended, and this rule is hereby suspended.
   1-41                               * * * * *