By:  Pickett (Senate Sponsor - Lucio)                             H.B. No. 2096
	(In the Senate - Received from the House April 14, 2003; 
April 22, 2003, read first time and referred to Committee on 
Infrastructure Development and Security; May 13, 2003, reported 
favorably by the following vote:  Yeas 9, Nays 0; May 13, 2003, sent 
to printer.)


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.                           



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