Bill Text: TX HB900 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the act of smoking tobacco in a vehicle with a child present; authorizing an additional fine for certain criminal offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-17 - Committee report sent to Calendars [HB900 Detail]
Download: Texas-2019-HB900-Comm_Sub.html
86R20680 SRA-D | |||
By: Israel, Zerwas, Sheffield, Howard | H.B. No. 900 | ||
Substitute the following for H.B. No. 900: | |||
By: Farrar | C.S.H.B. No. 900 |
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relating to the act of smoking tobacco in a vehicle with a child | ||
present; authorizing an additional fine for certain criminal | ||
offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.501(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A hospital, birthing center, physician, nurse midwife, | ||
or midwife who provides prenatal care to a pregnant woman during | ||
gestation or at delivery of an infant shall: | ||
(1) provide the woman and the father of the infant, if | ||
possible, or another adult caregiver for the infant, with a | ||
resource pamphlet that includes: | ||
(A) a list of the names, addresses, and phone | ||
numbers of professional organizations that provide postpartum | ||
counseling and assistance to parents relating to postpartum | ||
depression and other emotional trauma associated with pregnancy and | ||
parenting; | ||
(B) information regarding the prevention of | ||
shaken baby syndrome including: | ||
(i) techniques for coping with anger caused | ||
by a crying baby; | ||
(ii) different methods for preventing a | ||
person from shaking a newborn, infant, or other young child; | ||
(iii) the dangerous effects of shaking a | ||
newborn, infant, or other young child; and | ||
(iv) the symptoms of shaken baby syndrome | ||
and who to contact, as recommended by the American Academy of | ||
Pediatrics, if a parent suspects or knows that a baby has been | ||
shaken in order to receive prompt medical treatment; | ||
(C) a list of diseases for which a child is | ||
required by state law to be immunized and the appropriate schedule | ||
for the administration of those immunizations; | ||
(D) the appropriate schedule for follow-up | ||
procedures for newborn screening; | ||
(E) information regarding sudden infant death | ||
syndrome, including current recommendations for infant sleeping | ||
conditions to lower the risk of sudden infant death syndrome; | ||
(F) educational information in both English and | ||
Spanish on: | ||
(i) pertussis disease and the availability | ||
of a vaccine to protect against pertussis, including information on | ||
the Centers for Disease Control and Prevention recommendation that | ||
parents receive Tdap during the postpartum period to protect | ||
newborns from the transmission of pertussis; and | ||
(ii) the incidence of cytomegalovirus, | ||
birth defects caused by congenital cytomegalovirus, and available | ||
resources for the family of an infant born with congenital | ||
cytomegalovirus; [ |
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(G) the danger of heatstroke for a child left | ||
unattended in a motor vehicle; and | ||
(H) information that states a person is subject | ||
to a criminal fine under Section 542.4041, Transportation Code, for | ||
smoking tobacco in a passenger vehicle with a child present; | ||
(2) if the woman is a recipient of medical assistance | ||
under Chapter 32, Human Resources Code, provide the woman and the | ||
father of the infant, if possible, or another adult caregiver with a | ||
resource guide that includes information in both English and | ||
Spanish relating to the development, health, and safety of a child | ||
from birth until age five, including information relating to: | ||
(A) selecting and interacting with a primary | ||
health care practitioner and establishing a "medical home" for the | ||
child; | ||
(B) dental care; | ||
(C) effective parenting; | ||
(D) child safety; | ||
(E) the importance of reading to a child; | ||
(F) expected developmental milestones; | ||
(G) health care resources available in the state; | ||
(H) selecting appropriate child care; and | ||
(I) other resources available in the state; | ||
(3) document in the woman's record that the woman | ||
received the resource pamphlet described in Subdivision (1) and the | ||
resource guide described in Subdivision (2), if applicable; and | ||
(4) retain the documentation for at least five years | ||
in the hospital's, birthing center's, physician's, nurse midwife's, | ||
or midwife's records. | ||
SECTION 2. Subchapter D, Chapter 542, Transportation Code, | ||
is amended by adding Section 542.4041 to read as follows: | ||
Sec. 542.4041. OFFENSE WHILE SMOKING TOBACCO WITH CHILD | ||
PRESENT IN VEHICLE; FINE AUTHORIZED. In addition to the fine | ||
prescribed by Section 542.401 or another section of this subtitle, | ||
as applicable, a person who enters a plea of guilty or nolo | ||
contendere to or is convicted of an offense under this subtitle | ||
shall either, as prescribed by the judge, pay a $15 fine or complete | ||
a parenting class approved by the judge if the offense is committed | ||
while: | ||
(1) the person possesses a burning tobacco product or | ||
smokes tobacco in a vehicle; and | ||
(2) a child is present in the vehicle who is required | ||
to be secured in a child passenger safety seat system during the | ||
operation of the vehicle under Section 545.412. | ||
SECTION 3. (a) Not later than December 1, 2019, the | ||
Department of State Health Services shall make the informational | ||
materials required by Section 161.501(a)(1), Health and Safety | ||
Code, as amended by this Act, available on its Internet website. | ||
(b) Notwithstanding Section 161.501(a)(1)(H), Health and | ||
Safety Code, as added by this Act, a facility is not required to | ||
comply with that provision until January 1, 2020. | ||
SECTION 4. This Act takes effect September 1, 2019. |