By Jones of Dallas H.B. No. 914
75R4426 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to safety seats on certain school buses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 547.701, Transportation Code, is amended
1-5 by amending Subsection (a) and adding Subsections (d) and (e) to
1-6 read as follows:
1-7 (a) A school bus shall be equipped with:
1-8 (1) a convex mirror or other device that reflects to
1-9 the school bus operator a clear view of the area immediately in
1-10 front of the vehicle that would otherwise be hidden from view;
1-11 [and]
1-12 (2) signal lamps that:
1-13 (A) are mounted as high and as widely spaced
1-14 laterally as practicable;
1-15 (B) display four alternately flashing red
1-16 lights, two located on the front at the same level and two located
1-17 on the rear at the same level; and
1-18 (C) emit a light visible at a distance of 500
1-19 feet in normal sunlight; and
1-20 (3) a safety seat for each passenger except the
1-21 driver, if the school bus:
1-22 (A) was acquired on or after September 1, 1998;
1-23 and
1-24 (B) is used for the transportation of
2-1 schoolchildren enrolled in grade level six or below.
2-2 (d) A school district, a person providing a school bus under
2-3 contract with a school district, or an agent or employee of a
2-4 school district is not liable for damages arising solely from
2-5 failure of a passenger to use all or part of a safety seat that
2-6 meets the requirements of this section and rules adopted under
2-7 Section 547.7015.
2-8 (e) In this section, "safety seat" means a seat that:
2-9 (1) is padded;
2-10 (2) has a back at least 28 inches high;
2-11 (3) is equipped with a lap seat belt; and
2-12 (4) satisfies the requirements of rules adopted under
2-13 Section 547.7015.
2-14 SECTION 2. Subchapter L, Chapter 547, Transportation Code,
2-15 is amended by adding Section 547.7015 to read as follows:
2-16 Sec. 547.7015. RULES RELATING TO SCHOOL BUSES. (a) The
2-17 General Services Commission, with the advice of the department,
2-18 shall adopt and enforce rules governing the design, color, lighting
2-19 and other equipment, construction, and operation of a school bus
2-20 for the transportation of schoolchildren that is:
2-21 (1) owned and operated by a school district in this
2-22 state; or
2-23 (2) privately owned and operated under a contract with
2-24 a school district in this state.
2-25 (b) In adopting rules under this section, the General
2-26 Services Commission:
2-27 (1) shall emphasize:
3-1 (A) safety features, including the proper use of
3-2 safety seats; and
3-3 (B) long-range, maintenance-free factors; and
3-4 (2) may require the installation and use of shoulder
3-5 belts in connection with safety seats.
3-6 (c) Rules adopted under this section:
3-7 (1) apply to each school district, the officers and
3-8 employees of a district, and each person employed under contract by
3-9 a school district; and
3-10 (2) shall by reference be made a part of any contract
3-11 that is entered into by a school district in this state for the
3-12 transportation of schoolchildren on a privately owned school bus.
3-13 (d) In this section, "safety seat" has the meaning assigned
3-14 by Section 547.701.
3-15 SECTION 3. Section 34.002(a), Education Code, is amended to
3-16 read as follows:
3-17 (a) The General Services Commission, with the advice of the
3-18 Department of Public Safety, shall establish safety standards for
3-19 school buses [motor vehicles] used to transport students in
3-20 accordance with Sections 547.701 and 547.7015, Transportation Code
3-21 [Section 105, Uniform Act Regulating Traffic on Highways (Article
3-22 6701d, Vernon's Texas Civil Statutes)].
3-23 SECTION 4. Chapter 34, Education Code, is amended by adding
3-24 Section 34.0031 to read as follows:
3-25 Sec. 34.0031. SAFETY SEAT INSTRUCTION. The State Board of
3-26 Education shall develop and make available to each school district
3-27 a program of instruction in the proper use of a safety seat in
4-1 accordance with Sections 547.701 and 547.7015, Transportation Code.
4-2 SECTION 5. (a) In addition to the substantive changes in
4-3 law made by this Act, Section 2 of this Act, in adding Section
4-4 547.7015, Transportation Code, conforms to changes in the law made
4-5 by Section 56, Chapter 260, Acts of the 74th Legislature, Regular
4-6 Session, 1995.
4-7 (b) Section 56, Chapter 260, Acts of the 74th Legislature,
4-8 Regular Session, 1995, is repealed.
4-9 (c) To the extent of any conflict, this Act prevails over
4-10 another Act of the 75th Legislature, Regular Session, relating to
4-11 nonsubstantive additions to and corrections in enacted codes.
4-12 SECTION 6. The General Services Commission shall adopt
4-13 initial rules relating to safety seats in accordance with Section
4-14 547.701, Transportation Code, as amended by this Act, and Section
4-15 547.7015, Transportation Code, as added by this Act, before
4-16 September 1, 1998. Beginning September 1, 1998, a school bus
4-17 acquired on or after that date that is used for the transportation
4-18 of schoolchildren enrolled in grade level six or below must comply
4-19 with safety seat requirements imposed under those sections.
4-20 SECTION 7. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended,
4-25 and that this Act take effect and be in force from and after its
4-26 passage, and it is so enacted.