SRC-ARR S.B. 411 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 411
76R1760 DRH-FBy: Duncan
State Affairs
2/15/1999
As Filed


DIGEST 

Currently, Texas law prohibits a person from operating or towing an
open-bed vehicle on a public street or highway if a child younger than the
age of 12 is riding in the bed of a truck, and the vehicle is being driven
at a speed of more than 35 miles per hour. Statistics compiled by the Texas
Department of Public Safety indicate that 1988 and 1993, on average, 452
injuries and 14 deaths of children under 18 occurred while the children
were riding in the bed of a pickup. S.B. 411 prohibits a child younger than
18 years of age from riding in the back of a truck or trailer driven at any
speed. 

PURPOSE

As proposed, S.B. 411 prohibits the operation of a vehicle with a child in
an open bed of the vehicle or in the open bed of a trailer being towed by
the vehicle. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 545.414, Transportation Code, to provide that a
person commits an offense if the person operates an open-bed pickup truck
or an open flatbed truck or draws an open flatbed trailer when a child
younger than 18, rather than 12, years of age is occupying the bed of the
truck or trailer. Deletes provision that the truck must be traveling at a
speed greater than 35 miles per hour.  Provides that it is a defense to
prosecution under this section that the person was operating or towing the
vehicle in a parade or in an emergency.  Provides that compliance or
noncompliance with Subsection (a) is not admissible evidence in a civil
trial. 

SECTION 2. Effective date: September 1, 1999.
                      Makes application of this Act prospective.

SECTION 3. Emergency clause.