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


Office of House Bill AnalysisC.S.H.B. 1739
By: Martinez Fischer
Transportation
3/18/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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
misdemeanor relating to child safety belt or child passenger safety seat
system violations involving a child younger than 15 years of age.   

The bill requires a judge who elects to defer traffic offense proceedings
and to place a defendant on probation to require the defendant to
successfully complete an educational program developed an implemented by
the Texas Department of Public Safety to encourage the use of child
passenger safety seat systems, in lieu of requiring the defendant to
complete a driving safety course approved by Texas Education Agency.  The
bill specifies that the child passenger safety seat program should
emphasize: 

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

_the requirements of these provisions and the penalty for noncompliance.

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1739 differs from the original bill by adding a provision
requiring a judge who elects to defer traffic offense proceedings and place
a defendant on probation to require the defendant to successfully complete
a specified child passenger safety seat educational program.