1-1 By: Martinez Fisher (Senate Sponsor - Van de Putte) H.B. No. 1739
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on
1-4 Criminal Justice; April 30, 2001, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; April 30, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the penalty for a violation of certain laws involving
1-9 the restraint of a child in a motor vehicle.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 545.412, Transportation Code, is amended
1-12 by amending Subsection (b) and adding Subsection (g) to read as
1-13 follows:
1-14 (b) An offense under this section is a misdemeanor
1-15 punishable by a fine of not less than $100 [$25] or more than $200
1-16 [$50].
1-17 (g) A judge, acting under Article 45.051l, Code of Criminal
1-18 Procedure, who elects to defer further proceedings and to place a
1-19 defendant accused of a violation of this section on probation under
1-20 that article, in lieu of requiring the defendant to complete a
1-21 driving safety course approved by the Texas Education Agency, shall
1-22 require the defendant to attend and present proof that the
1-23 defendant has successfully completed an educational program
1-24 developed and implemented by the department to encourage the use of
1-25 child passenger safety seat systems and to emphasize:
1-26 (1) the effectiveness of child passenger safety seat
1-27 systems in reducing the harm to children being transported in motor
1-28 vehicles; and
1-29 (2) the requirements of this section and the penalty
1-30 for noncompliance.
1-31 SECTION 2. Section 545.413, Transportation Code, is amended
1-32 by amending Subsection (d) and adding Subsection (i) to read as
1-33 follows:
1-34 (d) An offense under Subsection (a) [this section] is a
1-35 misdemeanor punishable by a fine of not less than $25 or more than
1-36 $50. An offense under Subsection (b) is a misdemeanor punishable
1-37 by a fine of not less than $100 or more than $200.
1-38 (i) A judge, acting under Article 45.051l, Code of Criminal
1-39 Procedure, who elects to defer further proceedings and to place a
1-40 defendant accused of a violation of Subsection (b) on probation
1-41 under that article, in lieu of requiring the defendant to complete
1-42 a driving safety course approved by the Texas Education Agency,
1-43 shall require the defendant to attend and present proof that the
1-44 defendant has successfully completed an educational program
1-45 developed and implemented by the department under Subsection (f).
1-46 SECTION 3. (a) This Act takes effect September 1, 2001.
1-47 (b) The change in law made by this Act applies only to an
1-48 offense committed on or after September 1, 2001.
1-49 (c) An offense committed before September 1, 2001, is
1-50 covered by the law in effect when the offense was committed, and
1-51 the former law is continued in effect for that purpose. For
1-52 purposes of this section, an offense was committed before September
1-53 1, 2001, if any element of the offense was committed before that
1-54 date.
1-55 * * * * *