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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal consequences of operating a motorcycle on |
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which a person younger than five is a passenger. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. 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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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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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 was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |