83R201 NAJ-D
 
  By: Smithee H.B. No. 2790
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of failing to secure a child in a child
  passenger safety seat system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.412(b), Transportation Code, is
  amended to read as follows:
         (b)  An offense under this section is a misdemeanor
  punishable by a fine of not more than [$25 for the first offense and
  not more than] $250 [for a second or subsequent offense].
         SECTION 2.  Section 545.4121(b), Transportation Code, is
  amended to read as follows:
         (b)  It is a defense to prosecution of a first [an] offense to
  which this section applies that the defendant provides to the court
  evidence satisfactory to the court that the defendant possesses an
  appropriate child passenger safety seat system for each child
  required to be secured in a child passenger safety seat system under
  Section 545.412(a).  The defense does not apply if, at the time of
  the offense, the motor vehicle is involved in an accident.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2013.