Bill Text: TX HB448 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of an offense for failing to secure certain children in a rear-facing child passenger safety seat system.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB448 Detail]
Download: Texas-2019-HB448-Enrolled.html
H.B. No. 448 |
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relating to the creation of an offense for failing to secure certain | ||
children in a rear-facing child passenger safety seat system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 545.412, Transportation Code, is amended | ||
by adding Subsections (a-1), (a-2), and (d) to read as follows: | ||
(a-1) A person commits an offense if the person operates a | ||
passenger vehicle, transports a child who is younger than two years | ||
of age, and does not keep the child secured during the operation of | ||
the vehicle in a rear-facing child passenger safety seat system | ||
unless the child: | ||
(1) is taller than three feet, four inches; or | ||
(2) weighs more than 40 pounds. | ||
(a-2) A peace officer may not: | ||
(1) stop a motor vehicle or detain the operator of a | ||
motor vehicle solely to enforce Subsection (a-1); or | ||
(2) issue a citation for an offense under Subsection | ||
(a-1) unless the officer determines that the person has previously | ||
been issued a warning or citation for or convicted of that offense. | ||
(d) It is a defense to prosecution under Subsection (a-1) | ||
that the child has a medical condition, as evidenced by a written | ||
statement from a licensed physician, that prevents the child from | ||
being secured in a rear-facing child passenger safety seat system. | ||
SECTION 2. Section 545.4121(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) It is a defense to prosecution of an offense to which | ||
this section applies that the defendant provides to the court | ||
evidence satisfactory to the court that: | ||
(1) at the time of the offense: | ||
(A) the defendant was not arrested or issued a | ||
citation for violation of any other offense; | ||
(B) the defendant did not possess a child | ||
passenger safety seat system in the vehicle; and | ||
(C) the vehicle the defendant was operating was | ||
not involved in an accident; and | ||
(2) subsequent to the time of the offense, | ||
the defendant obtained 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 [ |
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SECTION 3. Sections 545.413(b) and (b-1), Transportation | ||
Code, are amended to read as follows: | ||
(b) A person commits an offense if the person: | ||
(1) operates a passenger vehicle that is equipped with | ||
safety belts; and | ||
(2) allows a child who is younger than 17 years of age | ||
and who is not required to be secured in a child passenger safety | ||
seat system under Section 545.412 [ |
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vehicle without requiring the child to be secured by a safety belt, | ||
provided the child is occupying a seat that is equipped with a | ||
safety belt. | ||
(b-1) A person commits an offense if the person allows a | ||
child who is younger than 17 years of age and who is not required to | ||
be secured in a child passenger safety seat system under Section | ||
545.412 [ |
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transport 15 or fewer passengers, including the driver, without | ||
securing the child individually by a safety belt, if the child is | ||
occupying a seat that is equipped with a safety belt. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 448 was passed by the House on April | ||
16, 2019, by the following vote: Yeas 98, Nays 47, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 448 on May 23, 2019, by the following vote: Yeas 100, Nays 38, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 448 was passed by the Senate, with | ||
amendments, on May 20, 2019, by the following vote: Yeas 22, Nays | ||
9. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |