1-1                                   AN ACT
 1-2     relating to the operation of a vehicle with a child in an open bed
 1-3     of the vehicle or in the open bed of a trailer being towed by the
 1-4     vehicle.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 545.414, Transportation Code, is amended
 1-7     by amending Subsections (a) and (c) and adding Subsections (d) and
 1-8     (e) to read as follows:
 1-9           (a)  A person commits an offense if the person operates an
1-10     open-bed pickup truck or an open flatbed truck or draws an open
1-11     flatbed trailer [at a speed of more than 35 miles per hour] when a
1-12     child younger than 18 [12] years of age is occupying the bed of the
1-13     truck or trailer.
1-14           (c)  It is a defense to prosecution under this section that
1-15     the person was:
1-16                 (1)  operating or towing the vehicle in a parade or in
1-17     an emergency;
1-18                 (2)  operating the vehicle to transport farmworkers
1-19     from one field to another field on a farm-to-market road,
1-20     ranch-to-market road, or county road outside a municipality;
1-21                 (3)  operating the vehicle on a beach;
1-22                 (4)  operating a vehicle that is the only vehicle owned
1-23     or operated by the members of a household; or
1-24                 (5)  operating the vehicle in a hayride permitted by
1-25     the governing body of or a law enforcement agency of each county or
 2-1     municipality in which the hayride will occur.
 2-2           (d)  Compliance or noncompliance with Subsection (a) is not
 2-3     admissible evidence in a civil trial.
 2-4           (e)  In this section, "household" has the meaning assigned by
 2-5     Section 71.005, Family Code.
 2-6           SECTION 2.  This Act takes effect September 1, 2001.  The
 2-7     change in law made by this Act applies only to an offense committed
 2-8     on or after September 1, 2001. An offense committed before
 2-9     September 1, 2001, is governed by the law in effect when the
2-10     offense was committed, and the former law is continued in effect
2-11     for that purpose.  For purposes of this section, an offense was
2-12     committed before September 1, 2001, if any element of the offense
2-13     occurred before that date.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 399 passed the Senate on
         March 13, 2001, by the following vote:  Yeas 22, Nays 7, one
         present, not voting; and that the Senate concurred in House
         amendment on May 1, 2001, by the following vote:  Yeas 23, Nays 7,
         one present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 399 passed the House, with
         amendment, on April 27, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor