Texas Child Safety Seat Law
Subsection (a) as amended by Acts 2001, 77th Leg., ch. 618, § 1
(a)
(1) operates a passenger car or light truck and transports a child who is younger than five years of age and less than 36 inches in height and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system
(b)
(1) operates a passenger vehicle that is equipped with safety belts; and
(2) allows a child who is at least five years of age but younger than 17 years of age or who is younger than five years of age and at least 36 inches in height 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
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Subsection (a) as amended by Acts 2001, 77th Leg., ch. 910, § 1
(a)
(1) operates a passenger vehicle, transports a child who is younger than four years of age or less than 36 inches in height, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.
(c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose.
(d) Use or nonuse of a child passenger safety seat system is not admissible evidence in a civil trial, other than a proceeding under Subtitle A or B, Title 5, Family Code.
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(e) This section does not apply to a person:
(1) operating a vehicle transporting passengers for hire; or
(2) transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied.
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(f) In this section:
(1)(2)(3)(4)
(A) the manufacturer of the vehicle, if the safety belt is original equipment; or
(B) the manufacturer of the safety belt, if the safety belt has been added to the vehicle.
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(g) A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes:
(1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and
(2) the requirements of this section and the penalty for noncompliance.
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(h) Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers.
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Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 30.114
(a), eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 618, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 910, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1042, § 1, eff. Sept. 1, 2001.