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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an offense for failing to secure certain |
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children in a rear-facing 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. Section 545.412, Transportation Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A person commits an offense if the person operates a |
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passenger vehicle, transports a child who is younger than two years |
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of age, and does not keep the child secured during the operation of |
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the vehicle in a rear-facing child passenger safety seat system |
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unless the child: |
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(1) is taller than three feet, four inches; or |
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(2) weighs more than 40 pounds. |
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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: |
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(1) at the time of the offense: |
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(A) the defendant was not arrested or issued a |
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citation for violation of any other offense; |
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(B) the defendant did not possess a child |
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passenger safety seat system in the vehicle; and |
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(C) the vehicle the defendant was operating was |
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not involved in an accident; and |
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(2) subsequent to the time of the offense, |
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the defendant obtained an appropriate child passenger safety seat |
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system for each child required to be secured in a child passenger |
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safety seat system under Section 545.412 [545.412(a)]. |
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SECTION 3. Sections 545.413(b) and (b-1), Transportation |
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Code, are amended to read as follows: |
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(b) A person commits an offense if the person: |
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(1) operates a passenger vehicle that is equipped with |
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safety belts; and |
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(2) allows a child who is younger than 17 years of age |
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and who is not required to be secured in a child passenger safety |
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seat system under Section 545.412 [545.412(a)] to ride in the |
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vehicle without requiring the child to be secured by a safety belt, |
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provided the child is occupying a seat that is equipped with a |
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safety belt. |
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(b-1) A person commits an offense if the person allows a |
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child who is younger than 17 years of age and who is not required to |
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be secured in a child passenger safety seat system under Section |
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545.412 [545.412(a)] to ride in a passenger van designed to |
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transport 15 or fewer passengers, including the driver, without |
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securing the child individually by a safety belt, if the child is |
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occupying a seat that is equipped with a safety belt. |
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SECTION 4. This Act takes effect September 1, 2019. |