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AN ACT
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relating to the offense of failing to secure a child passenger in a |
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motor vehicle and to fines for the offense. |
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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 amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person commits an offense if the person operates a |
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passenger vehicle, transports a child who is younger than eight |
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[five] years of age, unless the child is taller than four feet, nine |
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inches [and less than 36 inches in height], and does not keep the |
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child secured during the operation of the vehicle in a child |
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passenger safety seat system according to the instructions of the |
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manufacturer of the safety seat system. |
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(b) An offense under this section is a misdemeanor |
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punishable by a fine of not [less than $100 or] more than $25 for the |
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first offense and not more than $250 for a second or subsequent |
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offense [$200]. |
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(b-1) In addition to all other fees and court costs, a |
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person shall pay 15 cents as a court cost on conviction of an |
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offense under this section. Court costs due under this section |
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shall be collected in the same manner as other fees, fines, or costs |
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are collected in the case. The clerk at least monthly shall send |
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the court costs collected under this section to the comptroller for |
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deposit in a separate account in the general revenue fund that may |
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be appropriated only to the Texas Department of Transportation and |
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used to purchase child passenger safety seat systems and distribute |
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them to low-income families. |
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SECTION 2. Subchapter F, Chapter 102, Government Code, is |
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amended by adding Section 102.104 to read as follows: |
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Sec. 102.104. ADDITIONAL COURT COSTS ON CONVICTION IN |
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JUSTICE COURTS: TRANSPORTATION CODE. The clerk of a justice court |
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shall collect 15 cents as a court cost under Section 545.412, |
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Transportation Code, on conviction of an offense under that |
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section. |
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SECTION 3. Subchapter G, Chapter 102, Government Code, is |
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amended by adding Section 102.122 to read as follows: |
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Sec. 102.122. ADDITIONAL COURT COSTS ON CONVICTION IN |
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MUNICIPAL COURT: TRANSPORTATION CODE. The clerk of a municipal |
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court shall collect 15 cents as a court cost under Section 545.412, |
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Transportation Code, on conviction of an offense under that |
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section. |
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SECTION 4. (a) Subject to Subsection (c) of this section, |
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the change in law made by this Act applies only to an offense |
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committed on or after the effective date of this Act. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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(c) For an offense under Section 545.412, Transportation |
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Code, as amended by this Act, that would not have been an offense |
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under that section before this Act took effect, if the child who is |
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the subject of the offense is secured by a safety belt: |
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(1) the offense may be prosecuted only if the offense |
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occurs on or after June 1, 2010; and |
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(2) before June 1, 2010, a law enforcement officer may |
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not arrest or issue a notice to appear to a person committing the |
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offense, but may issue to the person a warning to comply with |
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Section 545.412, Transportation Code, as amended by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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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 hereby certify that S.B. No. 61 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 23, Nays 8; and that |
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the Senate concurred in House amendment on May 15, 2009, by the |
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following vote: Yeas 19, Nays 9. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 61 passed the House, with |
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amendment, on May 11, 2009, by the following vote: Yeas 99, |
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Nays 44, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |