1-1                                   AN ACT
 1-2     relating to vehicle passenger safety systems; providing criminal
 1-3     penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsections (a) and (f), Section 545.412,
 1-6     Transportation Code, are amended to read as follows:
 1-7           (a)  A person commits an offense if the person operates a
 1-8     passenger vehicle, [car or light truck and:]
 1-9                 [(1)]  transports a child who is younger than four
1-10     [two] years of age or less than 36 inches in height, and does not
1-11     keep the child secured during the operation of the vehicle in a
1-12     child passenger safety seat system according to the instructions of
1-13     the manufacturer of the safety seat system[; or]
1-14                 [(2)  transports a child who is at least two years of
1-15     age but younger than four years of age and does not keep the child
1-16     secured during the operation of the vehicle:]
1-17                       [(A)  in a child passenger safety seat system
1-18     according to the instructions of the manufacturer of the safety
1-19     seat system; or]
1-20                       [(B)  by a safety belt].
1-21           (f)  In this section:
1-22                 (1)  "Child[, "child] passenger safety seat system"
1-23     means an infant or child passenger restraint system that meets the
1-24     federal standards for crash-tested restraint systems as set by the
1-25     National Highway Traffic Safety Administration.
 2-1                 (2)  "Passenger vehicle" means a passenger car, light
 2-2     truck, sport utility vehicle, truck, or truck tractor.
 2-3                 (3)  "Safety belt" means a lap belt and any shoulder
 2-4     straps included as original equipment on or added to a vehicle.
 2-5                 (4)  "Secured," in connection with use of a safety
 2-6     belt, means using the lap belt and any shoulder straps according to
 2-7     the instructions of:
 2-8                       (A)  the manufacturer of the vehicle, if the
 2-9     safety belt is original equipment; or
2-10                       (B)  the manufacturer of the safety belt, if the
2-11     safety belt has been added to the vehicle.
2-12           SECTION 2.  Subsections (a), (b), (c), (e), and (h), Section
2-13     545.413, Transportation Code, are amended to read as follows:
2-14           (a)  A person commits an offense if the person:
2-15                 (1)  is at least 15 years of age;
2-16                 (2)  is riding in the front seat of a passenger vehicle
2-17     [car] while the vehicle is being operated;
2-18                 (3)  is occupying a seat that is equipped with a safety
2-19     belt; and
2-20                 (4)  is not secured by a safety belt.
2-21           (b)  A person commits an offense if the person:
2-22                 (1)  operates a passenger vehicle [car or light truck]
2-23     that is equipped with safety belts; and
2-24                 (2)  allows a child who is at least four years of age
2-25     but younger than 17 [15] years of age to ride in the vehicle
2-26     without requiring the child to be secured by a safety belt,
 3-1     provided the child is occupying a seat that is equipped with a
 3-2     safety belt.
 3-3           (c)  A passenger vehicle [car] or a seat in a passenger
 3-4     vehicle [car] is considered to be equipped with a safety belt if
 3-5     the vehicle is required under Section 547.601 to be equipped with
 3-6     safety belts.
 3-7           (e)  It is a defense to prosecution under this section that:
 3-8                 (1)  the person possesses a written statement from a
 3-9     licensed physician stating that for a medical reason the person
3-10     should not wear a safety belt;
3-11                 (2)  the person presents to the court, not later than
3-12     the 10th day after the date of the offense, a statement from a
3-13     licensed physician stating that for a medical reason the person
3-14     should not wear a safety belt;
3-15                 (3)  the person is employed by the United States Postal
3-16     Service and performing a duty for that agency that requires the
3-17     operator to service postal boxes from a vehicle or that requires
3-18     frequent entry into and exit from a vehicle;
3-19                 (4)  the person is engaged in the actual delivery of
3-20     newspapers from a vehicle or is performing newspaper delivery
3-21     duties that require frequent entry into and exit from a vehicle;
3-22     [or]
3-23                 (5)  the person is employed by a public or private
3-24     utility company and is engaged in the reading of meters or
3-25     performing a similar duty for that company requiring the operator
3-26     to frequently enter into and exit from a vehicle; or
 4-1                 (6)  The person is operating a commercial vehicle
 4-2     registered as a farm vehicle under the provisions of Section
 4-3     502.163 that does not have a gross weight, registered weight, or
 4-4     gross weight rating of 48,000 pounds or more.
 4-5           (h)  In this section, "passenger vehicle," "safety belt," and
 4-6     "secured" have the meanings assigned by Section 545.412[:]
 4-7                 [(1)  "Passenger car" includes a truck with a
 4-8     manufacturer's rated carrying capacity of not more than 1,500
 4-9     pounds.]
4-10                 [(2)  "Safety belt" means a lap belt and any shoulder
4-11     straps included as original equipment on or added to a vehicle].
4-12           SECTION 3.  Subchapter K, Chapter 547, Transportation Code,
4-13     is amended by adding Section 547.614 to read as follows:
4-14           Sec. 547.614.  RESTRICTIONS ON AIRBAGS.  (a)  A person
4-15     commits an offense if the person knowingly:
4-16                 (1)  installs or purports to install an airbag in a
4-17     vehicle; and
4-18                 (2)  does not install an airbag that meets all
4-19     applicable federal safety regulations for an airbag installed in a
4-20     vehicle of that make, model, and year.
4-21           (b)  An offense under this section is a Class A misdemeanor.
4-22           SECTION 4.  (a)  The changes in law made by this Act apply
4-23     only to an offense committed on or after the effective date of this
4-24     Act.  For the purposes of this section, an offense is committed
4-25     before the effective date of this Act if any element of the offense
4-26     occurs before that date.
                                                                S.B. No. 113
    5-1           (b)  An offense committed before the effective date of this
    5-2     Act is governed by the law in effect when the offense was
    5-3     committed, and the former law is continued in effect for that
    5-4     purpose.
    5-5           SECTION 5.  This Act takes effect September 1, 2001.
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 113 passed the Senate on
            March 6, 2001, by a viva-voce vote; May 21, 2001, Senate refused to
            concur in House amendments and requested appointment of Conference
            Committee; May 22, 2001, House granted request of the Senate;
            May 25, 2001, Senate adopted Conference Committee Report by a
            viva-voce vote.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 113 passed the House, with
            amendments, on May 16, 2001, by a non-record vote; May 22, 2001,
            House granted request of the Senate for appointment of Conference
            Committee; May 25, 2001, House adopted Conference Committee Report
            by a non-record vote.
                                                _______________________________
                                                    Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor