79R938 UM-D

By:  Jones of Dallas                                              H.B. No. 1372



A BILL TO BE ENTITLED

AN ACT

relating to the operation of lawn mowers; providing a penalty.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 756, Health and Safety Code, is amended 
by adding Subchapter I to read as follows:

SUBCHAPTER I.  LAWN MOWER OPERATION
	Sec. 756.151.  DEFINITIONS. In this subchapter:                         
		(1)  "Riding lawn mower" means a lawn mower that is 
equipped with a saddle for the use of:
			(A)  a rider; and                                                     
			(B)  a passenger, if the lawn mower is designed by 
the manufacturer to transport a passenger.
		(2)  "Power lawn mower" means a lawn mower that is:                    
			(A)  powered by a gasoline or electric motor; and                     
			(B)  not equipped with a saddle for the use of a 
rider.             
		(3)  "Lawn mower" means a machine that is equipped with 
a blade for cutting grass and is designed by the manufacturer for 
lawn care.
	Sec. 756.152.  OPERATION BY PERSON YOUNGER THAN 10.  A person 
younger than 10 years of age may not operate a power lawn mower.
	Sec. 756.153.  CARRYING PASSENGERS YOUNGER THAN 14.  A 
person may not carry a passenger younger than 14 years of age on a 
riding lawn mower unless the riding lawn mower is designed by the 
manufacturer to transport a passenger.
	Sec. 756.154.  CRIMINAL PENALTIES.  (a)  A person commits an 
offense if the person owns a power lawn mower or a riding lawn mower 
and:
		(1)  consents to the operation of the power lawn mower 
by a person younger than 10; or
		(2)  consents to the transportation of a passenger 
younger than 14 on the riding lawn mower if the riding lawn mower is 
not designed by the manufacturer to transport a passenger.
	(b)  Except as provided in Subsection (c), a violation of 
this section is a misdemeanor punishable by a fine of not less than 
$25 nor more than $200.
	(c)  If a person has been previously convicted of a violation 
of this section, a violation is a misdemeanor punishable by a fine 
of not less than $100 nor more than $500.
	(d)  On the first conviction of a person of an offense under 
this section, the court, in addition to assessing a fine, may order 
the defendant to perform 8 to 12 hours of community service at a 
hospital trauma center.  If the court orders a defendant to perform 
community service, the court shall require the defendant to present 
to the court, not later than the 90th day after the date of final 
conviction, evidence in the form prescribed by the court that the 
defendant, as ordered by the court, has satisfactorily performed 
the required hours of community service.
	SECTION 2.  This Act takes effect September 1, 2005.