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.
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