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 * * * * *