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 Subsections (g) and (h) to
 1-7     read as 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 45.0511, 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 a specialized driving safety
1-18     course approved by the Texas Education Agency under the Texas
1-19     Driver and Traffic Safety Education Act (Article 4413(29c),
1-20     Vernon's Texas Civil Statutes) that includes four hours of
1-21     instruction that encourages the use of child passenger safety seat
1-22     systems and the wearing of seat belts and emphasizes:
1-23                 (1)  the effectiveness of child passenger safety seat
1-24     systems and seat belts in reducing the harm to children being
 2-1     transported in motor vehicles; and
 2-2                 (2)  the requirements of this section and the penalty
 2-3     for noncompliance.
 2-4           (h)  Notwithstanding Section 542.402(a), a municipality or
 2-5     county, at the end of the municipality's or county's fiscal year,
 2-6     shall send to the comptroller an amount equal to 50 percent of the
 2-7     fines collected by the municipality or the county for violations of
 2-8     this section.  The comptroller shall deposit the amount received to
 2-9     the credit of the tertiary care fund for use by trauma centers.
2-10           SECTION 2. Section 545.413, Transportation Code, is amended
2-11     by amending Subsection (d) and adding Subsections (i) and (j) to
2-12     read as follows:
2-13           (d)  An offense under Subsection (a) [this section] is a
2-14     misdemeanor punishable by a fine of not less than $25 or more than
2-15     $50.  An offense under Subsection (b) is a misdemeanor punishable
2-16     by a fine of not less than $100 or more than $200.
2-17           (i)  A judge, acting under Article 45.0511, Code of Criminal
2-18     Procedure, who elects to defer further proceedings and to place a
2-19     defendant accused of a violation of Subsection (b) on probation
2-20     under that article, in lieu of requiring the defendant to complete
2-21     a driving safety course approved by the Texas Education Agency,
2-22     shall require the defendant to attend and present proof that the
2-23     defendant has successfully completed a specialized driving safety
2-24     course approved by the Texas Education Agency under the Texas
2-25     Driver and Traffic Safety Education Act (Article 4413(29c),
2-26     Vernon's Texas Civil Statutes) that includes four hours of
2-27     instruction that encourages the use of child passenger safety seat
 3-1     systems and the wearing of seat belts and emphasizes:
 3-2                 (1)  the effectiveness of child passenger safety seat
 3-3     systems and seat belts in reducing the harm to children being
 3-4     transported in motor vehicles; and
 3-5                 (2)  the requirements of this section and the penalty
 3-6     for noncompliance.
 3-7           (j)  Notwithstanding Section 542.402(a), a municipality or
 3-8     county, at the end of the municipality's or county's fiscal year,
 3-9     shall send to the comptroller an amount equal to 50 percent of the
3-10     fines collected by the municipality or the county for violations of
3-11     this section.  The comptroller shall deposit the amount received to
3-12     the credit of the tertiary care fund for use by trauma centers.
3-13           SECTION 3. (a)  This Act takes effect September 1, 2001.
3-14           (b)  The change in law made by this Act applies only to an
3-15     offense committed on or after September 1, 2001.
3-16           (c)  An offense committed before September 1, 2001, is
3-17     covered by the law in effect when the offense was committed, and
3-18     the former law is continued in effect for that purpose.  For
3-19     purposes of this section, an offense was committed before September
3-20     1, 2001, if any element of the offense was committed before that
3-21     date.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1739 was passed by the House on March
         29, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1739 on May 26, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1739 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor