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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of a charge for the offense of failing to |
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secure a child in a child passenger safety seat system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 545.4121, Transportation |
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Code, is amended to read as follows: |
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Sec. 545.4121. DISMISSAL [DEFENSE]; OBTAINING [POSSESSION
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OF] CHILD PASSENGER SAFETY SEAT SYSTEM. |
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SECTION 2. Section 545.4121(b), Transportation Code, is |
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amended to read as follows: |
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(b) It is a defense to prosecution of an offense to which |
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this section applies that the defendant provides to the court |
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evidence satisfactory to the court that the defendant: |
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(1) at the time of the offense: |
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(A) was not arrested or issued a citation for |
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violation of any other offense; and |
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(B) did not possess a child passenger safety seat |
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system in the vehicle; and |
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(2) subsequent to the time of the offense, obtained |
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[possesses] an appropriate child passenger safety seat system for |
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each child required to be secured in a child passenger safety seat |
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system under Section 545.412(a). |
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SECTION 3. 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 on the date the offense was committed, |
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and 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 occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |