79R1700 DWS-D
By: Brown of Brazos H.B. No. 183
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 eight years of age or
younger [than four years of age] or who is less than 57 [36] inches
in height, 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. 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 eight [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 57 [36] inches in
height 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 3. (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 4. This Act takes effect September 1, 2005.