By: Luna, Duncan, Lucio S.B. No. 1145
97S0687/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation of a vehicle with a child in the open bed
1-2 of the vehicle or in the open bed of a trailer being towed by the
1-3 vehicle; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 545.414, Transportation Code, is amended
1-6 by amending Subsections (a) and (c) and adding Subsection (d) to
1-7 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 (d) Compliance or noncompliance with Subsection (a) is not
1-17 admissible evidence in a civil trial.
1-18 SECTION 2. This Act takes effect September 1, 1997. The
1-19 change in law made by this Act applies only to an offense committed
1-20 on or after September 1, 1997. An offense committed before the
1-21 effective date of this Act is covered by the law in effect when the
1-22 offense was committed, and the former law is continued in effect
1-23 for that purpose. For purposes of this section, an offense was
2-1 committed before September 1, 1997, if any element of the offense
2-2 occurred before that date.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.