Tex. Transp. Code § 545.414

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 545.414 - Riding in Open Beds; Offense

(a) A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200.

(c) It is a defense to prosecution under this section that the person was:

(1) operating or towing the vehicle in a parade or in an emergency;

(2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality;

(3) operating the vehicle on a beach;

(4) operating a vehicle that is the only vehicle owned or operated by the members of a household; or

(5) operating the vehicle in a hayride permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur.

(d) Compliance or noncompliance with Subsection (a) is not admissible evidence in a civil trial.

(e) In this section, "household" has the meaning assigned by Section 71.005, Family Code.

Tex. Transp. Code § 545.414

Amended by Acts 2001, 77th Leg., ch. 79, Sec. 1, eff. Sept. 1, 2001

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.