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.