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A BILL TO BE ENTITLED
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AN ACT
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relating to the securing of a child passenger in a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.412(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person operates a |
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passenger vehicle, transports a child who is younger than eight |
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[five] years of age, unless the child is taller than four feet, nine |
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inches [and less than 36 inches in height], and does not keep the |
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child secured during the operation of the vehicle in a child |
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passenger safety seat system according to the instructions of the |
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manufacturer of the safety seat system. |
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SECTION 2. (a) Subject to Subsection (c) of this section, |
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the change in law made by this Act applies only to an offense |
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committed on or after the effective date of this Act. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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(c) For an offense under Section 545.412, Transportation |
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Code, as amended by this Act, that would not have been an offense |
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under that section before this Act took effect, if the child who is |
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the subject of the offense is secured by a safety belt: |
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(1) the offense may be prosecuted only if the offense |
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occurs on or after January 1, 2010; and |
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(2) before January 1, 2010, a law enforcement officer |
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may not arrest or issue a notice to appear to a person committing |
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the offense, but may issue to the person a warning to comply with |
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Section 545.412, Transportation Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |