By:  Duncan                                            S.B. No. 399
                                A BILL TO BE ENTITLED
 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; or
1-22                 (4)  operating a vehicle that is the only vehicle owned
1-23     or operated by the members of a household.
1-24           (d)  Compliance or noncompliance with Subsection (a) is not
1-25     admissible evidence in a civil trial.
 2-1           (e)  In this section, "household" has the meaning assigned by
 2-2     Section 71.005, Family Code.
 2-3           SECTION 2.  This Act takes effect September 1, 2001.  The
 2-4     change in law made by this Act applies only to an offense committed
 2-5     on or after September 1, 2001. An offense committed before
 2-6     September 1, 2001, is governed by the law in effect when the
 2-7     offense was committed, and the former law is continued in effect
 2-8     for that purpose. For purposes of this section, an offense was
 2-9     committed before September 1, 2001, if any element of the offense
2-10     occurred before that date.