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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 Subsection (d) to read as follows: |
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(d) An operator may not carry another person on a motorcycle |
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unless the other person is at least five years of age. An offense |
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under this subsection is a misdemeanor punishable by a fine of not |
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less than $100 or more than $200. It is a defense to prosecution |
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under this subsection that the operator was operating the |
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motorcycle in an emergency or for a law enforcement purpose. |
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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. |