SRC-AMY H.B. 2096 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2096
78R10372 DWS-DBy: Pickett (Lucio)
Infrastructure Development and Security
5/8/2003
Engrossed


DIGEST AND PURPOSE 

On July 26, 2002, in Dallas, authorities discovered a tractor-trailer that
had been used to transport illegal immigrants into the United States.  Two
Mexican nationals died and at least three dozen more were hospitalized
for heat exhaustion after they were trapped in the trailer for nine hours.
Less than a week later, a similar incident occurred in San Antonio, where
police found approximately 30 dehydrated  men, women, and children in a
tractor-trailer.  Currently, Texas law does not prohibit operating a
tractor-trailer while knowingly transporting persons inside the trailer.
H.B. 2096 prohibits a person from operating a truck or tractor when
another person occupies  the trailer being drawn by the truck or tractor.
This bill excludes towable recreational vehicles and circumstances deemed
an emergency.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter I, Chapter 545, Transportation Code, by
adding Section 545.4191, as follows: 

Sec. 545.4191.  PERSON RIDING IN TRAILER OR SEMITRAILER DRAWN BY TRUCK,
ROAD TRACTOR, OR TRUCK TRACTOR.  (a)  Prohibiting a person from operating
a truck, road tractor, or truck tractor when another person occupies a
trailer or semitrailer being drawn by the truck, road tractor, or truck
tractor. 

(b)  Sets forth defenses to prosecution under this section.

SECTION 2.  Effective date:  September 1, 2003.