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 * * * * *