By: Brown of Brazos H.B. No. 1898
Substitute the following for H.B. No. 1898:
By: Casteel C.S.H.B. No. 1898
A BILL TO BE ENTITLED
AN ACT
relating to offenses involving use of safety belts or a child
passenger safety seat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 45.0511, Code of Criminal Procedure, is
amended by adding Subsection (u) to read as follows:
(u) The requirement of Subsection (b)(2) does not apply to a
defendant charged with an offense under Section 545.412,
Transportation Code, if the judge requires the defendant to attend
and present proof that the defendant has successfully completed a
specialized driving safety course that includes four hours of
instruction that encourages the use of child passenger safety seat
systems, and any driving safety course taken by the defendant under
this section within the 12 months preceding the date of the offense
did not include that training. The person's driving record under
Subsection (c)(2) and the affidavit of the defendant under
Subsection (c)(3) is required to include only previous or
concurrent courses that included that training.
SECTION 2. Section 708.052, Transportation Code, is amended
by adding Subsection (f) to read as follows:
(f) For the purposes of this section, an offense under
Section 545.412 is a moving violation of a traffic law.
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.