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AN ACT
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relating to the transportation of children in motor vehicles; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 545.412(e) and (f), Transportation |
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Code, are amended to read as follows: |
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(e) This section does not apply to a person: |
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(1) operating a vehicle transporting passengers for |
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hire, excluding [including] third-party transport service |
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providers when transporting clients pursuant to a contract to |
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provide nonemergency Medicaid transportation; or |
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(2) transporting a child in a vehicle in which all |
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seating positions equipped with child passenger safety seat systems |
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or safety belts are occupied. |
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(f) In this section: |
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(1) "Child passenger safety seat system" means an |
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infant or child passenger restraint system that meets the federal |
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standards for crash-tested restraint systems as set by the National |
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Highway Traffic Safety Administration. |
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(2) "Passenger vehicle" means a passenger car, light |
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truck, sport utility vehicle, passenger van designed to transport |
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15 or fewer passengers, including the driver, truck, or truck |
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tractor. |
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(3) "Safety belt" means a lap belt and any shoulder |
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straps included as original equipment on or added to a vehicle. |
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(4) "Secured," in connection with use of a safety |
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belt, means using the lap belt and any shoulder straps according to |
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the instructions of: |
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(A) the manufacturer of the vehicle, if the |
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safety belt is original equipment; or |
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(B) the manufacturer of the safety belt, if the |
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safety belt has been added to the vehicle. |
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SECTION 2. Section 545.413, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) A person commits an offense if: |
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(1) the person: |
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(A) is at least 15 years of age; |
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(B) is riding in [the front seat of] a passenger |
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vehicle while the vehicle is being operated; |
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(C) is occupying a seat that is equipped with a |
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safety belt; and |
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(D) is not secured by a safety belt; or |
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(2) as the operator of a school bus equipped with a |
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safety belt for the operator's seat, the person is not secured by |
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the safety belt. |
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(b-1) A person commits an offense if the person allows a |
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child who is younger than 17 years of age and who is not required to |
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be secured in a child passenger safety seat system under Section |
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545.412(a) to ride in a passenger van designed to transport 15 or |
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fewer passengers, including the driver, without securing the child |
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individually by a safety belt, if the child is occupying a seat that |
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is equipped with a safety belt. |
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SECTION 3. Section 545.416, Transportation Code, is amended |
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by adding Subsections (d) and (e) to read as follows: |
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(d) Except as provided by Subsection (e), an operator may |
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not carry another person on a motorcycle unless the other person is |
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at least five years of age. An offense under this subsection is a |
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misdemeanor punishable by a fine of not less than $100 or more than |
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$200. It is a defense to prosecution under this subsection that the |
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operator was operating the motorcycle in an emergency or for a law |
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enforcement purpose. |
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(e) Subsection (d) does not prohibit an operator from |
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carrying on a motorcycle a person younger than five years of age who |
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is seated in a sidecar attached to the motorcycle. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 537 was passed by the House on May 11, |
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2009, by the following vote: Yeas 141, Nays 1, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 537 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 537 on May 31, 2009, by the following vote: Yeas 105, |
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Nays 34, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 537 was passed by the Senate, with |
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amendments, on May 23, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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537 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |