BILL ANALYSIS

C.S.H.B. 4449

By: Bolton

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, vehicle safety requirements are stringent for children riding as passengers in cars. Child safety seats are required from birth until the child reaches the age of five and a height of 36 inches. No such requirements are in place to protect children who are passengers on a motorcycle.

C.S.H.B. 4449 prohibits a motorcycle operator from carrying a person under the age of five on a motorcycle unless an emergency or law enforcement purpose exists or the child is seated in a sidecar, in an effort to provide motorcycle safety for children.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4449 amends the Transportation Code to prohibit a motorcycle operator from carrying another person on a motorcycle unless the person is at least five years old and to make a violation of the prohibition a misdemeanor punishable by a fine of not less than $100 or more than $200. The bill provides that it is a defense to prosecution if the operator was operating the motorcycle in an emergency or for a law enforcement purpose.  The bill exempts from the prohibition an operator carrying on a motorcycle a person younger than five years of age who is seated in a sidecar attached to the motorcycle.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 4449 adds a provision not in the original to exempt from the prohibition against an operator carrying a child younger than five years of age on a motorcycle an operator carrying on a motorcycle a person younger than five years of age who is seated in a sidecar attached to the motorcycle.