HBA-DMH S.B. 399 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 399 By: Duncan Transportation 3/21/2001 Engrossed BACKGROUND AND PURPOSE Currently, Texas law provides that the operator of an open-bed pickup truck or open flatbed truck or the operator drawing a flatbed trailer commits an offense if a child under the age of 12 is traveling in the bed of a truck or trailer while it is moving at a rate of speed greater than 35 miles per hour. Serious injuries may occur even at slow speeds when a child is riding in the bed of a truck during an accident. Senate Bill 399 provides that the operator of an open-bed pickup truck or open flatbed truck or the operator drawing a flatbed trailer commits an offense if a person under 18 years of age is occupying the bed of the truck or trailer and provides a defense to prosecution under certain circumstances. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 399 amends the 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 at any speed, rather than at a speed of more than 35 miles per hour, when a child younger than 18 years of age, rather than 12 years of age, is occupying the bed of the truck or trailer. Compliance or noncompliance with these provisions is not admissible evidence in a civil trial. The bill provides acceptable defenses to prosecution for such an offense. EFFECTIVE DATE September 1, 2001.