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


Senate Research Center   S.B. 399
77R2642 MTB-DBy: Duncan
State Affairs
2/8/2001
As Filed


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. As
proposed, 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, by providing 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.