C.S.H.B. 2096 78(R) BILL ANALYSIS C.S.H.B. 2096 By: Pickett Transportation Committee Report (Substituted) BACKGROUND AND PURPOSE H.B. 2096 78(R) On July 26, 2002, in Dallas, authorities discovered a tractor-trailer that had been used to transport illegal immigrants smuggled into the U.S. 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 opened the door of a trailer and found at least 30 men, women, and children alive but suffering from dehydration. Although the drivers of the tractor-trailer rigs face federal murder and illegal immigration smuggling charges, there is nothing in Texas law that makes it a crime for individuals to knowingly drive a rig with persons inside the trailer. This bill would prohibit a person from operating a truck or tractor when another person occupies the trailer being drawn by the truck or tractor. The bill excludes towable recreational vehicles and circumstances deemed an emergency. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Amends Subchapter I, Chapter 545, Transportation Code by adding Section 545.4191 as follows: Adds Subsection (a) to state, a person may not operate a truck, road tractor, or truck tractor, other than a towable recreational vehicle, when another person occupies a trailer or semitrailer. Adds subsection (b) to state, that it is a defense to prosecution under this section that the person was operating or towing the vehicle in a parade or an emergency; to transport farmworkers from one field to another on a farm road, ranch road or county road; or in a hayride permitted by the appropriate law enforcement agency; or if the person operating or towing the vehicle did not know that another person was in the trailer or semitrailer; or if the person occupying the trailer or semitrailer was in a part of the trailer or semitrailer designed for human habitation. EFFECTIVE DATE September 1, 2003. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in that the substitute adds provisions to subsection (b) to include additional defenses to prosecution, such as in a parade; the transport of farmworkers from one field to another on a farm, ranch or county road; or in a hayride permitted by the specific law enforcement agency of the area; or if the person operating or towing the vehicle did not know that another person occupied the trailer or semitrailer; or if the person occupying the trailer or semitrailer was in a part of the trailer or semitrailer designed for human habitation.