By Moncrief S.B. No. 113
77R1908 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to vehicle passenger safety systems.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 545.412(a) and (f), Transportation Code,
1-5 are amended to read as follows:
1-6 (a) A person commits an offense if the person operates a
1-7 passenger vehicle [car or light truck] and:
1-8 (1) transports a child younger than two years of age
1-9 and does not keep the child secured during the operation of the
1-10 vehicle in a child passenger safety seat system according to the
1-11 instructions of the manufacturer of the safety seat system; or
1-12 (2) transports a child who is at least two years of
1-13 age but younger than four years of age and does not keep the child
1-14 secured during the operation of the vehicle:
1-15 (A) in a child passenger safety seat system
1-16 according to the instructions of the manufacturer of the safety
1-17 seat system; or
1-18 (B) by a safety belt.
1-19 (f) In this section:
1-20 (1) "Child[, "child] passenger safety seat system"
1-21 means an infant or child passenger restraint system that meets the
1-22 federal standards for crash-tested restraint systems as set by the
1-23 National Highway Traffic Safety Administration.
1-24 (2) "Passenger vehicle" means a passenger car, light
2-1 truck, sport utility vehicle, truck, or truck tractor.
2-2 (3) "Safety belt" means a lap belt and any shoulder
2-3 straps included as original equipment on or added to a vehicle.
2-4 (4) "Secured," in connection with use of a safety
2-5 belt, means using the lap belt and any shoulder straps according to
2-6 the instructions of:
2-7 (A) the manufacturer of the vehicle, if the
2-8 safety belt is original equipment; or
2-9 (B) the manufacturer of the safety belt, if the
2-10 safety belt has been added to the vehicle.
2-11 SECTION 2. Sections 545.413(a), (b), (c), and (h),
2-12 Transportation Code, are amended to read as follows:
2-13 (a) A person commits an offense if the person:
2-14 (1) is at least 15 years of age;
2-15 (2) is riding in the front seat of a passenger vehicle
2-16 [car] while the vehicle is being operated;
2-17 (3) is occupying a seat that is equipped with a safety
2-18 belt; and
2-19 (4) is not secured by a safety belt.
2-20 (b) A person commits an offense if the person:
2-21 (1) operates a passenger vehicle [car or light truck]
2-22 that is equipped with safety belts; and
2-23 (2) allows a child who is at least four years of age
2-24 but younger than 17 [15] years of age to ride in the vehicle
2-25 without requiring the child to be secured by a safety belt,
2-26 provided the child is occupying a seat that is equipped with a
2-27 safety belt.
3-1 (c) A passenger vehicle [car] or a seat in a passenger
3-2 vehicle [car] is considered to be equipped with a safety belt if
3-3 the vehicle is required under Section 547.601 to be equipped with
3-4 safety belts.
3-5 (h) In this section, "passenger vehicle," "safety belt," and
3-6 "secured" have the meanings assigned by Section 545.412[:]
3-7 [(1) "Passenger car" includes a truck with a
3-8 manufacturer's rated carrying capacity of not more than 1,500
3-9 pounds.]
3-10 [(2) "Safety belt" means a lap belt and any shoulder
3-11 straps included as original equipment on or added to a vehicle].
3-12 SECTION 3. (a) The changes in law made by this Act apply
3-13 only to an offense committed on or after the effective date of this
3-14 Act. For the purposes of this section, an offense is committed
3-15 before the effective date of this Act if any element of the offense
3-16 occurs before that date.
3-17 (b) An offense committed before the effective date of this
3-18 Act is governed by the law in effect when the offense was
3-19 committed, and the former law is continued in effect for that
3-20 purpose.
3-21 SECTION 4. This Act takes effect September 1, 2001.