Bill Text: TX HB461 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the creation of an offense for smoking tobacco in a passenger vehicle with a child present.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-04-23 - Committee report sent to Calendars [HB461 Detail]
Download: Texas-2015-HB461-Comm_Sub.html
| 84R17275 AJZ-D | |||
| By: Canales | H.B. No. 461 | ||
| Substitute the following for H.B. No. 461: | |||
| By: Herrero | C.S.H.B. No. 461 | ||
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| relating to the creation of an offense for smoking tobacco in a | ||
| passenger vehicle with a child present. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 48, Penal Code, is amended by adding | ||
| Section 48.012 to read as follows: | ||
| Sec. 48.012. SMOKING TOBACCO IN PASSENGER VEHICLE WITH | ||
| CHILD PRESENT. (a) A person commits an offense if: | ||
| (1) the person possesses a burning tobacco product or | ||
| smokes tobacco in a passenger vehicle, as defined by Section | ||
| 545.412, Transportation Code; and | ||
| (2) a child who is required to be secured in a child | ||
| passenger safety seat system under Section 545.412, Transportation | ||
| Code, is present in the vehicle. | ||
| (b) An offense under this section is punishable as a Class C | ||
| misdemeanor. | ||
| (c) If a person who commits an offense under this section | ||
| completes a parenting class approved by the judge, the judge may | ||
| reduce the amount of the fine otherwise imposed by this section. | ||
| (d) 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 an offense under this section is | ||
| being or has been committed. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
