78R10372 DWS-D


By:  Pickett                                                      H.B. No. 2096

Substitute the following for H.B. No. 2096:                                   

By:  Phillips                                                 C.S.H.B. No. 2096



A BILL TO BE ENTITLED

AN ACT

relating to creation of an offense for transporting a person in 
certain trailers and semitrailers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter I, Chapter 545, Transportation Code, 
is amended by adding Section 545.4191 to read as follows:
	Sec. 545.4191.  PERSON RIDING IN TRAILER OR SEMITRAILER 
DRAWN BY TRUCK, ROAD TRACTOR, OR TRUCK TRACTOR.  (a)  A person may 
not operate 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)  It is a defense to prosecution under this section that:            
		(1)  the person was operating or towing the vehicle:                   
			(A)  in a parade or in an emergency;                                  
			(B)  to transport farmworkers from one field to 
another field on a farm-to-market road, ranch-to-market road, or 
county road outside a municipality; or
			(C)  in a hayride permitted by the governing body 
of or a law enforcement agency of each county or municipality in 
which the hayride will occur;
		(2)  the person operating or towing the vehicle did not 
know that another person occupied the trailer or semitrailer; or
		(3)  the person occupying the trailer or semitrailer 
was in a part of the trailer or semitrailer designed for human 
habitation.
	SECTION 2.  This Act takes effect September 1, 2003.