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