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.