By:  Brown of Brazos, Anchia, Callegari,                          H.B. No. 183
 
    McClendon, Gonzalez Toureilles                                           


A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of offenses involving the use of safety 
belts and child passenger safety seat systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 545.412(a), Transportation Code, as 
amended by Chapters 618 and 910, Acts of the 77th Legislature, 
Regular Session, 2001, is reenacted and amended to read as follows:
	(a)  A person commits an offense if the person operates a 
passenger vehicle, transports a child who is six years of age or 
younger [than four years of age] or who is less than 51 [36] inches 
in height and less than 80 pounds, and does not keep the child 
secured during the operation of the vehicle in a child passenger 
safety seat system according to the instructions of the 
manufacturer of the safety seat system.
	SECTION 2.  Subchapter I, Chapter 545, Transportation Code, 
is amended by adding Section 545.4121 to read as follows:
	Sec. 545.4121.  DEFENSE; POSSESSION OF CHILD PASSENGER 
SAFETY SEAT SYSTEM.  (a)  This section applies to an offense 
committed under Section 545.412 before September 1, 2006, that 
would not have been an offense under that section as the section 
existed immediately before September 1, 2005.
	(b)  It is a defense to prosecution of an offense to which 
this section applies that the defendant provides to the court 
evidence satisfactory to the court that the defendant possesses an 
appropriate child passenger safety seat system for each child:
		(1)  who is regularly transported by the defendant in a 
passenger vehicle; and
		(2)  who is six years of age or younger or who is less 
than 51 inches in height and less than 80 pounds.
	(c)  This section expires September 1, 2007.                            
	SECTION 3.  Section 545.413(b), Transportation Code, is 
amended to read as follows:
	(b)  A person commits an offense if the person:                                
		(1)  operates a passenger vehicle that is equipped with 
safety belts; and   
		(2)  allows a child who is older than six [at least 
five] years of age but younger than 17 years of age [or who is 
younger than five years of age] and who is at least 51 [36] inches in 
height or 80 pounds or more to ride in the vehicle without requiring 
the child to be secured by a safety belt, provided the child is 
occupying a seat that is equipped with a safety belt.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For the purposes of this section, an offense is committed 
before the effective date of this Act if any element of the offense 
occurs before that date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.