By Jones of Lubbock H.B. No. 326
75R2299 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of a vehicle with a child in an open bed
1-3 of the vehicle or in the open bed of a trailer being towed by the
1-4 vehicle.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 545.414(a) and (c), Transportation Code,
1-7 are amended to read as follows:
1-8 (a) A person commits an offense if the person operates an
1-9 open-bed pickup truck or an open flatbed truck or draws an open
1-10 flatbed trailer [at a speed of more than 35 miles per hour] when a
1-11 child younger than 18 [12] years of age is occupying the bed of the
1-12 truck or trailer.
1-13 (c) It is a defense to prosecution under this section that
1-14 the person was operating or towing the vehicle in a parade or in an
1-15 emergency.
1-16 SECTION 2. This Act takes effect September 1, 1997. The
1-17 change in law made by this Act applies only to an offense committed
1-18 on or after September 1, 1997. An offense committed before the
1-19 effective date of this Act is covered by the law in effect when the
1-20 offense was committed, and the former law is continued in effect
1-21 for that purpose. For purposes of this section, an offense was
1-22 committed before September 1, 1997, if any element of the offense
1-23 occurred before that date.
1-24 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.