HBA-EVB S.B. 411 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 411
By: Duncan
Transportation
4/23/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law prohibits a person from operating or towing an
open-bed vehicle on a public street or highway if a child younger than the
age of 12 is riding in the bed of the truck and the vehicle is being driven
at a speed of more than 35 miles per hour. Statistics compiled by the Texas
Department of Public Safety indicate that between 1988 and 1993, on
average, 452 injuries and 14 deaths of children under 18 occurred while the
children were riding in the bed of a pickup. S.B. 411 prohibits a child
younger than 18 years of age from riding in the back of a truck or trailer
driven at any speed. S.B. 411 prohibits the operation of a vehicle with a
child in an open bed of the vehicle or in the open bed of a trailer being
towed by the vehicle.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 545.414, Transportation Code, as follows:

(a)  Provides that a person commits an offense if the person operates an
open-bed pickup or flatbed truck or an open flatbed trailer or draws an
open flatbed trailer when a child younger than 18, rather than 12, years of
age is occupying the bed of the truck or trailer. Deletes text relating to
operating such a truck or trailer at a speed of more than 35 miles per
hour. 

(c)  Provides that it is a defense to prosecution under this section that
the person was operating: 

_or towing the vehicle in a parade or in an emergency;

_the vehicle to transport farm workers from one field to another field on a
farm-tomarket road, a ranch-to-market road, or a country road outside of
incorporated city limits; 

_the vehicle on a beach; or

_a vehicle that is the only vehicle owned or operated in a household.
Provides that in this subsection, "household" has the meaning assigned by
Section 71.005 (Household), Family Code. 

(d)  Provides that compliance or noncompliance with Subsection (a) is not
admissible evidence in a civil trial. 

SECTION 2.  Effective date: September 1, 1999. Makes application of this
Act prospective. 

SECTION 3. Emergency clause.