SB+61+Texas+Legislature+81st+Session

SB 61

[|Senate Bill 61] relates to the offense of failing to secure a child passenger in a motor vehicle and the fines for the offense.

The bill was authored by [|Senator Judith Zaffirini (D-Laredo)] on November 10, 2008. Senator Zaffirini is a highly respected member of several congressional committees that includes three consecutive terms as Chair of the Senate Health and Human Services Committee. Her dedication to her role in the Texas Senate is reflected in her impressive record of having sponsored and passed 581 bills and 51 substantive resolutions, co-sponsored, and passed another 278 bills. Her legislative priorities include improving public education, higher education, and health and human services.

The intent of the bill is to reduce the nearly 1,600 childhood deaths caused by motor vehicle accidents among children ages 14 and younger each year. Unrestrained children are more likely to be injured or die in motor vehicle accidents than children who are unrestrained.

This legislation is meant to strengthen current child passenger safety protections under Section 545.412 of the Texas Transportation Code, which require a child passenger to be secured in a safety seat system as recommended by the manufacturer. The bill would change the current restraint age limit of five years to all children under the age of eight unless they are four feet, nine inches in height. The bill provides a shift from the current focus on punishment to education and reduces the current financial penalty from not less than $100 or more than $200 to $25 for the first offense. The new bill would take away individual infraction fee setting authority provided under previous legislature.

The bill directs that fines collected from this offense be appropriated only to the Texas Department of Transportation to be used to buy booster seats for low-income children.  Upon analysis of the bill as introduced, the Legislative Budget Board determined the bill did not specify which General Revenue Fund would receive the funds. The assumption by the Comptroller of Public Accounts is that a new General Revenue Account within the Texas Department of Transportation would be established and named Purchase Child Safety Seat Program. This bill does not make an appropriation but does establish the basis for one. The fund account would be subject to funds consolidation review by the current Legislature.

Fiscally this bill will have a sizeable affect on county and municipality governments. Current legislation states the funds go to the general fund of the municipality or county that has collected the funds. Under the new legislature, a county or municipality would incur a revenue loss of up to $200 per offense depending on how many citations were written and what fee was collected.

The bill would take effect immediately if under the statues of Section 39, Article III of the Texas Constitution, the required two-thirds vote were received in each house; otherwise, the effective date would be September 1, 2009. The legislation would also provide authorization to write a warning citation until June 1, 2010.

The companion House Bill 528 was introduced by [|Representative Allen Vaught]. Representative Vaught serves as Vice Chairman of the House Committee on Criminal Jurisprudence and he serves on the Juvenile Justice & Family Issues committee. The bill was introduced identical to the Senate Bill 61 on May 8, 2009. On May 11, 2009, the House’s final version of the bill addresses a second or subsequent offense fine, as not more than $250 and in addition to all other court costs and fees, upon conviction a court cost of 15 cents would be collectible. On May 15, 2009, the House’s amendment(s) were laid before the Senate at which time the Senate concurred with changes.

It was certified by the Secretary of State that S.B. No 61 was passed the Senate on April 30, 2009, by the following vote: Yeas 23, Nays 8; and that the Senate concurred in House amendment on May 15, 2009, by the following vote: Yeas 19, Nays 9. It was also certify that S.B. No. 61 passed the House, with amendment, on May 11, 2009, by the following vote: Yeas 99, Nays 44, two present not voting. The bill was sent to the Governor for approval on May 18, 2009.

 In conclusion, Senate Bill 61 is meant to strenghten current child passenger safety protections. It shifts the current focus on punishment to education while reducing the fees collected for the first offense and the bill redirects the funds collected from the county and municipality governments to the Texas Department of Transportation to be used for the purchase of child safety seats for low income families. This bill went through the bill making process with no opposition. The House passed the bill with two amendments which the Senate approved before sending the bill to the Governor for signature. The first approved amendment to the bill by the House would impose a fine of not more than $250 for the second offense and second amendment would require the courts to collect 15 cents in court cost per offense.

As of May 29th, 2009 the bill was filed without the Governors signature and will be effective September 1, 2009.

A couple of questions come to mind for me. Why change the financial responsibility of offenders? Does the fact that Senator Zaffirini serves on several economic/budget committees affect the idea of lowering first offense fees or the redirection of funds collected?