1-1 By: Van de Putte S.B. No. 1367
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 30, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 30, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1367 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the transportation of an unsecured child in a motor
1-11 vehicle; providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 545.412, Transportation
1-14 Code, is amended to read as follows:
1-15 (a) A person commits an offense if the person operates a
1-16 passenger car or light truck and[:]
1-17 [(1)] transports a child who is younger than five
1-18 [two] years of age and less than 36 inches in height and does not
1-19 keep the child secured during the operation of the vehicle in a
1-20 child passenger safety seat system according to the instructions of
1-21 the manufacturer of the safety seat system[; or]
1-22 [(2) transports a child who is at least two years of
1-23 age but younger than four years of age and does not keep the child
1-24 secured during the operation of the vehicle:]
1-25 [(A) in a child passenger safety seat system
1-26 according to the instructions of the manufacturer of the safety
1-27 seat system; or]
1-28 [(B) by a safety belt].
1-29 SECTION 2. Subsection (b), Section 545.413, Transportation
1-30 Code, is amended to read as follows:
1-31 (b) A person commits an offense if the person:
1-32 (1) operates a passenger car or light truck that is
1-33 equipped with safety belts; and
1-34 (2) allows a child who is at least five [four] years
1-35 of age but younger than 15 years of age or who is younger than five
1-36 years of age and at least 36 inches in height to ride in the
1-37 vehicle without requiring the child to be secured by a safety belt,
1-38 provided the child is occupying a seat that is equipped with a
1-39 safety belt.
1-40 SECTION 3. (a) The change in law made by this Act applies
1-41 only to an offense committed on or after the effective date of this
1-42 Act. For purposes of this section, an offense is committed before
1-43 the effective date of this Act if any element of the offense occurs
1-44 before that date.
1-45 (b) An offense committed before the effective date of this
1-46 Act is covered by the law in effect when the offense was committed,
1-47 and the former law is continued in effect for that purpose.
1-48 SECTION 4. This Act takes effect September 1, 2001.
1-49 * * * * *