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