1-1 By: Duncan S.B. No. 411
1-2 (In the Senate - Filed February 5, 1999; February 8, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 22, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 8, Nays 1; March 22, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend S.B. No. 411 by striking the current language in Section
1-8 545.414(c) of the Transportation Code on page 1 at lines 32-34 and
1-9 replace it with the following:
1-10 (c) It is a defense to prosecution under this section that
1-11 the person was operating:
1-12 (1) or towing the vehicle in a parade or in an
1-13 emergency;
1-14 (2) the vehicle to transport farm workers from one
1-15 field to another field on a farm-to-market road, a ranch-to-market
1-16 road, or a county road outside of incorported city limits; or
1-17 (3) the vehicle on a beach.
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to the offense of operating a vehicle with a child in an
1-21 open bed of the vehicle or in the open bed of a trailer being towed
1-22 by the vehicle.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 545.414, Transportation Code, is amended
1-25 by amending Subsections (a) and (c) and adding Subsection (d) to
1-26 read as follows:
1-27 (a) A person commits an offense if the person operates an
1-28 open-bed pickup truck or an open flatbed truck or draws an open
1-29 flatbed trailer [at a speed of more than 35 miles per hour] when a
1-30 child younger than 18 [12] years of age is occupying the bed of the
1-31 truck or trailer.
1-32 (c) It is a defense to prosecution under this section that
1-33 the person was operating or towing the vehicle in a parade or in an
1-34 emergency.
1-35 (d) Compliance or noncompliance with Subsection (a) is not
1-36 admissible evidence in a civil trial.
1-37 SECTION 2. This Act takes effect September 1, 1999. The
1-38 change in law made by this Act applies only to an offense committed
1-39 on or after September 1, 1999. An offense committed before
1-40 September 1, 1999, is covered by the law in effect when the offense
1-41 was committed, and the former law is continued in effect for that
1-42 purpose. For purposes of this section, an offense was committed
1-43 before September 1, 1999, if any element of the offense occurred
1-44 before that date.
1-45 SECTION 3. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended.
1-50 * * * * *