1-1     By:  Duncan                                            S.B. No. 399
 1-2           (In the Senate - Filed January 25, 2001; January 29, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     February 21, 2001, reported favorably by the following vote:  Yeas
 1-5     8, Nays 1; February 21, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the operation of a vehicle with a child in an open bed
 1-9     of the vehicle or in the open bed of a trailer being towed by the
1-10     vehicle.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 545.414, Transportation Code, is amended
1-13     by amending Subsections (a) and (c) and adding Subsections (d) and
1-14     (e) to read as follows:
1-15           (a)  A person commits an offense if the person operates an
1-16     open-bed pickup truck or an open flatbed truck or draws an open
1-17     flatbed trailer [at a speed of more than 35 miles per hour] when a
1-18     child younger than 18 [12] years of age is occupying the bed of the
1-19     truck or trailer.
1-20           (c)  It is a defense to prosecution under this section that
1-21     the person was:
1-22                 (1)  operating or towing the vehicle in a parade or in
1-23     an emergency;
1-24                 (2)  operating the vehicle to transport farmworkers
1-25     from one field to another field on a farm-to-market road,
1-26     ranch-to-market road, or county road outside a municipality;
1-27                 (3)  operating the vehicle on a beach; or
1-28                 (4)  operating a vehicle that is the only vehicle owned
1-29     or operated by the members of a household.
1-30           (d)  Compliance or noncompliance with Subsection (a) is not
1-31     admissible evidence in a civil trial.
1-32           (e)  In this section, "household" has the meaning assigned by
1-33     Section 71.005, Family Code.
1-34           SECTION 2.  This Act takes effect September 1, 2001.  The
1-35     change in law made by this Act applies only to an offense committed
1-36     on or after September 1, 2001.  An offense committed before
1-37     September 1, 2001, is governed by the law in effect when the
1-38     offense was committed, and the former law is continued in effect
1-39     for that purpose.  For purposes of this section, an offense was
1-40     committed before September 1, 2001, if any element of the offense
1-41     occurred before that date.
1-42                                  * * * * *