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
 
 
 
 
AN ACT
  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 [545.412(a)].
         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 [545.412(a)] to ride in the
  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 [545.412(a)] to ride in a passenger van designed to
  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       
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