By Martinez Fischer                                   H.B. No. 1739
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the penalty for a violation of certain laws involving
 1-3     the restraint of a child in a motor vehicle.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 545.412, Transportation Code, is amended
 1-6     by amending Subsection (b) and adding Subsection (g) to read as
 1-7     follows:
 1-8           (b)  An offense under this section is a misdemeanor
 1-9     punishable by a fine of not less than $100 [$25] or more than $200
1-10     [$50].
1-11           (g)  A judge, acting under Article 45.051l, Code of Criminal
1-12     Procedure, who elects to defer further proceedings and to place a
1-13     defendant accused of a violation of this section on probation under
1-14     that article, in lieu of requiring the defendant to complete a
1-15     driving safety course approved by the Texas Education Agency, shall
1-16     require the defendant to attend and present proof that the
1-17     defendant has successfully completed an educational program
1-18     developed and implemented by the department to encourage the use of
1-19     child passenger safety seat systems and to emphasize:
1-20                 (1)  the effectiveness of child passenger safety seat
1-21     systems in reducing the harm to children being transported in motor
1-22     vehicles; and
1-23                 (2)  the requirements of this section and the penalty
1-24     for noncompliance.
 2-1           SECTION 2. Section 545.413, Transportation Code, is amended
 2-2     by amending Subsection (d) and adding Subsection (i) to read as
 2-3     follows:
 2-4           (d)  An offense under Subsection (a) [this section] is a
 2-5     misdemeanor punishable by a fine of not less than $25 or more than
 2-6     $50.  An offense under Subsection (b) is a misdemeanor punishable
 2-7     by a fine of not less than $100 or more than $200.
 2-8           (i)  A judge, acting under Article 45.051l, Code of Criminal
 2-9     Procedure, who elects to defer further proceedings and to place a
2-10     defendant accused of a violation of Subsection (b) on probation
2-11     under that article, in lieu of requiring the defendant to complete
2-12     a driving safety course approved by the Texas Education Agency,
2-13     shall require the defendant to attend and present proof that the
2-14     defendant has successfully completed an educational program
2-15     developed and implemented by the department under Subsection (f).
2-16           SECTION 3. (a)  This Act takes effect September 1, 2001.
2-17           (b)  The change in law made by this Act applies only to an
2-18     offense committed on or after September 1, 2001.
2-19           (c)  An offense committed before September 1, 2001, is
2-20     covered by the law in effect when the offense was committed, and
2-21     the former law is continued in effect for that purpose.  For
2-22     purposes of this section, an offense was committed before September
2-23     1, 2001, if any element of the offense was committed before that
2-24     date.