85R2068 JAM-D     By: Turner, Anchia, et al. H.B. No. 519       A BILL TO BE ENTITLED   AN ACT   relating to the creation of an offense for failing to secure certain   children in a rear-facing child passenger safety seat system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 545.412, Transportation Code, is amended   by adding Subsection (a-1) to read as follows:          (a-1)  A person commits an offense if the person operates a   passenger vehicle, transports a child who is younger than two years   of age, and does not keep the child secured during the operation of   the vehicle in a rear-facing child passenger safety seat system   unless the child:                (1)  is taller than three feet, four inches; or                (2)  weighs more than 40 pounds.          SECTION 2.  Section 545.4121(b), Transportation Code, is   amended to read as follows:          (b)  It is a defense to prosecution of an offense to which   this section applies that the defendant provides to the court   evidence satisfactory to the court that:                (1)  at the time of the offense:                      (A)  the defendant was not arrested or issued a   citation for violation of any other offense;                      (B)  the defendant did not possess a child   passenger safety seat system in the vehicle; and                      (C)  the vehicle the defendant was operating was   not involved in an accident; and                (2)  subsequent to the time of the offense,   the  defendant obtained an appropriate child passenger safety seat   system for each child required to be secured in a child passenger   safety seat system under Section 545.412 [545.412(a)].          SECTION 3.  Sections 545.413(b) and (b-1), Transportation   Code, are amended to read as follows:          (b)  A person commits an offense if the person:                (1)  operates a passenger vehicle that is equipped with   safety belts; and                (2)  allows a child who is younger than 17 years of age   and who is not required to be secured in a child passenger safety   seat system under Section 545.412 [545.412(a)] to ride in the   vehicle without requiring the child to be secured by a safety belt,   provided the child is occupying a seat that is equipped with a   safety belt.          (b-1)  A person commits an offense if the person allows a   child who is younger than 17 years of age and who is not required to   be secured in a child passenger safety seat system under Section   545.412 [545.412(a)] to ride in a passenger van designed to   transport 15 or fewer passengers, including the driver, without   securing the child individually by a safety belt, if the child is   occupying a seat that is equipped with a safety belt.          SECTION 4.  This Act takes effect September 1, 2017.