Bill Text: TX HB900 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
86R4593 AJZ-D | ||
By: Israel | H.B. No. 900 |
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relating to the act of smoking tobacco in a vehicle with a child | ||
present; imposing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter N, Chapter 161, Health | ||
and Safety Code, is amended to read as follows: | ||
SUBCHAPTER N. E-CIGARETTE AND TOBACCO USE BY OR NEAR MINORS | ||
SECTION 2. Subchapter N, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.258 to read as follows: | ||
Sec. 161.258. SMOKING TOBACCO IN PASSENGER VEHICLE WITH | ||
CHILD PRESENT; CIVIL PENALTY. (a) A person is liable for a civil | ||
penalty if: | ||
(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, Transportation | ||
Code. | ||
(b) A civil penalty imposed under Subsection (a) may not | ||
exceed: | ||
(1) $15 for the first violation; or | ||
(2) $150 for the second or subsequent violation. | ||
(c) The attorney general or an appropriate prosecuting | ||
attorney may sue to collect a civil penalty under this section. | ||
(d) If a person who is subject to a civil penalty under this | ||
section completes a parenting class approved by the judge, the | ||
judge may reduce the amount of the civil penalty otherwise imposed | ||
by this section. | ||
(e) A peace officer may not stop or detain a person who is | ||
the operator or an occupant of a passenger vehicle for the sole | ||
purpose of determining whether the person might be liable for a | ||
civil penalty under this section. | ||
SECTION 3. This Act takes effect September 1, 2019. |