By Duncan S.B. No. 399
77R2642 MTB-D
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
2-1 admissible evidence in a civil trial.
2-2 (e) In this section, "household" has the meaning assigned by
2-3 Section 71.005, Family Code.
2-4 SECTION 2. This Act takes effect September 1, 2001. The
2-5 change in law made by this Act applies only to an offense committed
2-6 on or after September 1, 2001. An offense committed before
2-7 September 1, 2001, is governed by the law in effect when the
2-8 offense was committed, and the former law is continued in effect
2-9 for that purpose. For purposes of this section, an offense was
2-10 committed before September 1, 2001, if any element of the offense
2-11 occurred before that date.