By: Van de Putte S.B. No. 1367
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transportation of an unsecured child in a motor
1-3 vehicle; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 545.412, Transportation
1-6 Code, is amended to read as follows:
1-7 (a) A person commits an offense if the person operates a
1-8 passenger car or light truck and[:]
1-9 [(1)] transports a child who is younger than five
1-10 [two] years of age and less than 36 inches in height and does not
1-11 keep the child secured during the operation of the vehicle in a
1-12 child passenger safety seat system according to the instructions of
1-13 the manufacturer of the safety seat system[; or]
1-14 [(2) transports a child who is at least two years of
1-15 age but younger than four years of age and does not keep the child
1-16 secured during the operation of the vehicle:]
1-17 [(A) in a child passenger safety seat system
1-18 according to the instructions of the manufacturer of the safety
1-19 seat system; or]
1-20 [(B) by a safety belt].
1-21 SECTION 2. Subsection (b), Section 545.413, Transportation
1-22 Code, is amended to read as follows:
1-23 (b) A person commits an offense if the person:
1-24 (1) operates a passenger car or light truck that is
1-25 equipped with safety belts; and
2-1 (2) allows a child who is at least five [four] years
2-2 of age but younger than 15 years of age or who is younger than five
2-3 years of age and at least 36 inches in height to ride in the
2-4 vehicle without requiring the child to be secured by a safety belt,
2-5 provided the child is occupying a seat that is equipped with a
2-6 safety belt.
2-7 SECTION 3. (a) The change in law made by this Act applies
2-8 only to an offense committed on or after the effective date of this
2-9 Act. For purposes of this section, an offense is committed before
2-10 the effective date of this Act if any element of the offense occurs
2-11 before that date.
2-12 (b) An offense committed before the effective date of this
2-13 Act is covered by the law in effect when the offense was committed,
2-14 and the former law is continued in effect for that purpose.
2-15 SECTION 4. This Act takes effect September 1, 2001.