HBA-DMH S.B. 399 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 399
By: Duncan
Transportation
3/21/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law provides that the operator of an open-bed pickup truck
or open flatbed truck or the operator drawing a flatbed trailer commits an
offense if a child under the age of 12 is traveling in the bed of a truck
or trailer while it is moving at a rate of speed greater than 35 miles per
hour.  Serious injuries may occur even at slow speeds when a child is
riding in the bed of a truck during an accident.  Senate Bill 399 provides
that the operator of an open-bed pickup truck or open flatbed truck or the
operator drawing a flatbed trailer commits an offense if a person under 18
years of age is occupying the bed of the truck or trailer and provides a
defense to prosecution under certain circumstances. 

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

Senate Bill 399 amends the Transportation Code to provide that a person
commits an offense if the person operates an open-bed pickup truck or an
open flatbed truck or draws an open flatbed trailer at any speed, rather
than at a speed of more than 35 miles per hour, when a child younger than
18 years of age, rather than 12 years of age, is occupying the bed of the
truck or trailer.  Compliance or noncompliance with these provisions is not
admissible evidence in a civil trial.  The bill provides acceptable
defenses to prosecution for such an offense. 

EFFECTIVE DATE

September 1, 2001.