HB 1294

83(R) - 2013
Transportation & Infrastructure

Vote Recommendation

  • Neutral
  • Neutral
  • Positive
  • Positive
  • Neutral


Four Price

Bill Caption

Relating to the dismissal of a charge for the offense of failing to secure a child in a child passenger safety seat system.

Fiscal Notes

No significant fiscal impact is anticipated on the State or local governments.

Bill Analysis

Summary: Current law makes it an offense to operate a passenger vehicle without securing children of specific age, height, and weight ranges in a special child safety seat. An individual may assert possession of a child safety seat as a defense to prosecution. Some parties contest this defense is a loophole. HB 1294 seeks to close this loophole and clarify the defense. HB 1294 establishes a defense against the aforementioned offense if the individual was not arrested or issued another citation, if the individual did not possess a child safety seat, and if the individual acquires a safety seat after the offense is committed.

Analysis: By allowing an individual to, in essence, plead ignorance and take corrective measures, this allows people to take personal responsibility and limits government. Additionally, HB 1294 could potentially save the taxpayers money by avoiding certain court costs. For these reasons, TPPA recommends voting yes on HB 1294.