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AN ACT
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relating to the use of safety belts by the operator of or a |
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passenger in a motor vehicle used exclusively to transport solid |
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waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.413(e), Transportation Code, is |
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amended to read as follows: |
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(e) It is a defense to prosecution under this section that: |
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(1) the person possesses a written statement from a |
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licensed physician stating that for a medical reason the person |
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should not wear a safety belt; |
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(2) the person presents to the court, not later than |
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the 10th day after the date of the offense, a statement from a |
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licensed physician stating that for a medical reason the person |
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should not wear a safety belt; |
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(3) the person is employed by the United States Postal |
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Service and performing a duty for that agency that requires the |
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operator to service postal boxes from a vehicle or that requires |
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frequent entry into and exit from a vehicle; |
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(4) the person is engaged in the actual delivery of |
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newspapers from a vehicle or is performing newspaper delivery |
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duties that require frequent entry into and exit from a vehicle; |
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(5) the person is employed by a public or private |
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utility company and is engaged in the reading of meters or |
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performing a similar duty for that company requiring the operator |
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to frequently enter into and exit from a vehicle; [or] |
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(6) the [The] person is operating a commercial vehicle |
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registered as a farm vehicle under the provisions of Section |
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502.163 that does not have a gross weight, registered weight, or |
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gross weight rating of 48,000 pounds or more; or |
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(7) the person is the operator of or a passenger in a |
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vehicle used exclusively to transport solid waste and performing |
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duties that require frequent entry into and exit from the vehicle. |
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SECTION 2. The change in law made by this Act to Section |
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545.413(e), Transportation Code, as amended by this Act, applies |
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only to an offense under Section 545.413(a) of that code, |
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regardless of whether the offense was committed before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3638 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3638 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |