BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 537

                                                                                                                    By: Berman et al. (Eltife)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/15/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a person commits an offense if the person operates a passenger vehicle equipped with safety belts and allows a child under the age of 17 who is not required to ride in a child safety seat to ride without being secured by a safety belt.   The offense is a Class C misdemeanor punishable by a fine of $100 to $200.  

 

This bill amends current law to extend this offense to persons operating a passenger van designed to transport 15 or fewer passengers, including the driver. 

 

This legislation also requires third-party transportation providers that contract with the state to have child safety seats when transporting a child to medical services under the Medical Transportation Program.

 

The bill also prohibits an operator of a motorcycle from carrying another person on the motorcycle unless the person is at least five years of age.  A violation would be a Class C misdemeanor with a fine of $100 to $200.  This provision  applies only to motorcycles used on public roads and does not prohibit an operator from carrying a passenger younger than five seated in a sidecar attached to a motorcycle. 

 

H.B. 537 amends current law relating to the transportation of children in motor vehicles and creates an offense.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 545.412(e) and (f), Transportation Code, as follows:

 

(e)  Provides that this section does not apply to certain persons, including a person operating a vehicle transporting passengers for hire, excluding, rather than including, third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation.

 

(f)  Redefines "passenger vehicle."

 

SECTION 2.  Amends Section 545.413, Transportation Code, by adding Subsection (b-1) to provide that a person commits an offense if the person allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(e) to ride in a passenger van designed to transport 15 or fewer passengers, including the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt.

 

SECTION 3.  Amends Section 545.416, Transportation Code, by adding Subsections (d) and (e), as follows:

 

(d)  Prohibits an operator, except as provided by Subsection (e), from carrying another person on a motorcycle unless the other person is at least five years of age.  Provides that an offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200.  Provides that it is a defense to prosecution under this subsection that the operator was operating the motorcycle in an emergency or for a law enforcement purpose.

 

(e)  Provides that Subsection (d) does not prohibit an operator from carrying on a motorcycle a person younger than five years of age who is seated in a sidecar attached to the motorcycle.  

 

SECTION 4.  Makes application of this Act prospective.

 

SECTION 5.  Effective date: September 1, 2009.