BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1079

80R8092 JRJ-D                                                                                                                By: Carona

Transportation & Homeland Security

3/26/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law does not contain any guidelines regarding the prohibition of overcrowding on a school bus, nor does it authorize a police officer to investigate the possible overcrowding of a school bus.  Recent events have shown that overcrowding is a potential reality in some school buses in this state, and that such overcrowding may pose several safety hazards. 

As proposed, S.B. 1079 prohibits the number of people in a school bus from exceeding the manufacturer's design capacity for the vehicle.  This bill additionally authorizes a school bus operator to prohibit a passenger from standing or sitting on the floor of a bus or anywhere that is not a seat. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public Safety in SECTION 1 (Section 545.426, Transportation Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter I, Chapter 545, Transportation Code, by adding Section 545.426, as follows:

Sec. 545.426.  OPERATION OF SCHOOL BUS.  (a)  Prohibits a person from operating a school bus if the number of passengers on the bus is greater than the manufacturer's design capacity for that bus.

(b)  Authorizes a school bus operator, while operating the school bus, to prohibit a passenger from standing in the bus, sitting on the floor of the bus, or sitting in any location on the bus that is not designed as a seat. 

(c)  Authorizes the Department of Public Safety to adopt rules as necessary to administer and enforce this section. 

SECTION 2.  Effective date: September 1, 2007.