HBA-DMH H.B. 1739 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1739
By: Martinez Fischer
Transportation
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

According the National Highway Traffic Safety Administration, car accidents
are a leading cause of death among children in the United States.  1997
traffic statistics for Houston reveal that 61 percent of child passengers
in motor vehicles were not properly restrained by seat belts or child
safety seats.  Increasing the fine for violations relating to improperly
restrained child passengers may decrease the number of child fatalities
involving motor vehicles.  House Bill 1739 increases the penalty for
offenses relating to the improper use of child safety belts and child
passenger safety seats, and requires a judge who elects to defer a traffic
offense proceeding to require a defendant to complete an approved child
passenger safety seat educational program. 

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. 

ANALYSIS

House Bill 1739 amends the Transportation Code to increase from not less
than $25 or more than $50 to not less than $100 or more than $200 the fine
for a child safety belt or child passenger safety seat system violation
involving a child younger than 15 years of age.   

The bill requires a judge who elects to defer further traffic offense
proceedings and to place a defendant on probation to require the defendant
to successfully complete a specialized driving safety course approved by
the Texas Education Agency under the Texas Driver and Traffic Safety
Education Act that includes four hours of instruction that encourages the
use of child passenger safety seat systems and the wearing of seat belts,
in lieu of requiring the defendant to complete a driving safety course
approved by the Texas Education Agency.  The bill specifies that the course
should emphasize: 

_the effectiveness of child passenger safety seat systems and seat belts in
reducing the harm to children being transported in motor vehicles; and 

_the requirements of state law and the penalty for noncompliance.

The bill requires a municipality or county, at the end of the
municipality's or county's fiscal year, to send to the comptroller of
public accounts (comptroller) an amount equal to 50 percent of the fines
collected by the municipality or the county for violations of child
passenger safety seat and seat belt laws.   The bill requires the
comptroller to deposit the amount received to the credit of the tertiary
care fund for use by trauma centers. 

EFFECTIVE DATE

September 1, 2001.