By: Wentworth S.B. No. 153
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an offense involving the supervision of
a vehicle operator holding an instruction permit.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 521.222, Transportation Code, is amended
by adding Subsections (g) and (h) to read as follows:
       (g)  A person who occupies the seat in a vehicle by a holder
of an instruction permit commits an offense if, while the holder is
operating the vehicle, the person:
             (1)  sleeps;
             (2)  is intoxicated, as defined by Section 49.01, Penal
Code; or
             (3)  is engaged in an activity that prevents the person
from observing and responding to the actions of the operator.
       (h)  It is a defense to prosecution of a violation under
Subsection (g) that at the time of the violation another person in
addition to the defendant:
             (1)  occupied the seat by the operator;
             (2)  complied with the requirements of Subsections
(d)(2)(A)-(C); and
             (3)  was not in violation of Subsection (g).
       SECTION 2.  This Act takes effect September 1, 2007.