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.