SRC-BWC S.B. 399 77(R)BILL ANALYSIS


Senate Research CenterS.B. 399
By: Duncan
State Affairs
6/13/2001
Enrolled


DIGEST AND PURPOSE 

Currently, Texas law prohibits a child under the age of 12 from traveling
in the back of a truck or trailer at a speed greater than 35 m.p.h.  and
provides for a defense to prosecution for emergency situations. S.B. 399
prohibits a child under the age of 18 from riding in the bed of a truck or
trailer at any speed and provides for a defense to prosecution under
certain circumstances.  S.B. 399 also specifically states that compliance
or noncompliance with the provisions of the bill are not admissible
evidence in a civil trial. 

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 545.414, 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 text that specifies a certain speed.  Provides
that it is a defense to prosecution under this section that the person was
operating or towing the vehicle in certain situations.  Provides that
compliance or noncompliance with Subsection (a) is not admissible evidence
in a civil trial.  Defines "household." 

SECTION 2.  Effective date:  September 1, 2001.
                       Makes application of this Act prospective.