SRC-MWN H.B. 1739 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1739
By: Martinez Fischer (Van de Putte)
Criminal Justice
4/23/2001
Engrossed(REVISED)


DIGEST AND PURPOSE 

Current law provides a minimum penalty of $25 and maximum penalty of $50
for offenses involving unrestrained child passengers. As proposed, H.B.
1739 increases the penalty for child seat belt and safety seat system
offenses to a minimum penalty of $100 and maximum of $200. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 545.412, Transportation Code, by amending
Subsection (b) and adding Subsection (g), as follows: 

(b) Provides that an offense under this section is a misdemeanor punishable
by a fine of not less than $100, rather than $25, or more than $200, rather
than $50. 

(g) Requires a judge, acting under Article 45.051l (Deferred Disposition
Procedures Applicable to Traffic Offenses), Code of Criminal Procedure, who
elects to defer further proceedings and to place a defendant accused of a
violation of this section on probation under this article, in lieu of
requiring the defendant to complete a driving safety course approved by the
Texas Education Agency (TEA), to require the defendant to attend and
present proof that the defendant has successfully completed an educational
program developed and implemented by the Department of Public Safety acting
directly or through its authorized officers and agents(department) to
encourage the use of child passenger safety seat systems and to emphasize
certain information. 

SECTION 2. Amends Section 545.413, Transportation Code, by amending
Subsection (d) and adding Subsection (i), as follows: 

(d) Provides that an offense under Subsection (a) is a misdemeanor
punishable by a fine of not less than $25 or more than $50. Makes a
conforming and nonsubstantive change. 

 (i) Makes a conforming change.

SECTION 3. (a) Effective date: September 1, 2001.

(b) Provides that this Act applies only to an offense committed on or after
September 1, 2001. 

 (c) Makes application of this Act prospective.