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.