89R16244 AND-F
 
  By: Louderback H.B. No. 5040
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of a motor vehicle while another person
  rides in or on a portion of the vehicle not for passenger use;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.4135 to read as follows:
         Sec. 545.4135.  RIDING IN OR ON PORTION OF MOTOR VEHICLE NOT
  FOR PASSENGER USE. (a) A person commits an offense if the person
  operates a motor vehicle while another person rides in or on a
  portion of the vehicle not designated or intended for the use of a
  passenger.
         (b)  It is a defense to prosecution of an offense under this
  section that at the time of the offense the person:
               (1)  was operating a vehicle used exclusively to
  transport solid, semisolid, or liquid waste and the vehicle was
  being operated in connection with the removal or transportation of
  solid, semisolid, or liquid waste; or
               (2)  was a peace officer or other person providing law
  enforcement, firefighting, ambulance, medical, rescue, or other
  emergency services.
         (c)  It is a defense to prosecution of an offense under this
  section involving a person occupying the bed of an open-bed pickup
  truck that at the time of the offense:
               (1)  the actor was operating the vehicle under a
  circumstance described by Section 545.414(c); or
               (2)  the person occupying the bed of the truck was 18
  years of age or older.
         SECTION 2.  This Act takes effect September 1, 2025.