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.