By: Duncan S.B. No. 411
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the offense of operating a vehicle with a child in an
1-2 open bed of the vehicle or in the open bed of a trailer being towed
1-3 by the vehicle.
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:
1-15 (1) or towing the vehicle in a parade or in an
1-16 emergency;
1-17 (2) the vehicle to transport farm workers from one
1-18 field to another field on a farm-to-market road, a ranch-to-market
1-19 road, or a county road outside of incorporated city limits;
1-20 (3) the vehicle on a beach; or
1-21 (4) a vehicle that is the only vehicle owned or
1-22 operated in a household. In this subsection, "household" has the
1-23 meaning assigned by Section 71.005, Family Code.
1-24 (d) Compliance or noncompliance with Subsection (a) is not
2-1 admissible evidence in a civil trial.
2-2 SECTION 2. This Act takes effect September 1, 1999. The
2-3 change in law made by this Act applies only to an offense committed
2-4 on or after September 1, 1999. An offense committed before
2-5 September 1, 1999, is covered by the law in effect when the offense
2-6 was committed, and the former law is continued in effect for that
2-7 purpose. For purposes of this section, an offense was committed
2-8 before September 1, 1999, if any element of the offense occurred
2-9 before that date.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.