Texas Transportation Code
Sec. § 545.410
Towing Safety Chains


(a)

An operator of a passenger car or light truck may not draw a trailer, semitrailer, house trailer, or another motor vehicle unless safety chains of a type approved by the department are attached in a manner approved by the department from the trailer, semitrailer, house trailer, or drawn motor vehicle to the drawing vehicle. This subsection does not apply to the drawing of a trailer or semitrailer used for agricultural purposes.

(b)

The department shall adopt rules prescribing the type of safety chains required to be used according to the weight of the trailer, semitrailer, house trailer, or motor vehicle being drawn. The rules shall:

(1)

require safety chains to be strong enough to maintain the connection between the trailer, semitrailer, house trailer, or drawn motor vehicle and the drawing vehicle; and

(2)

show the proper method to attach safety chains between the trailer, semitrailer, house trailer, or drawn motor vehicle and the drawing vehicle.

(c)

Subsection (b) does not apply to trailers, semitrailers, or house trailers that are equipped with safety chains installed by the original manufacturer before the effective date of the rules.

(d)

This section does not apply to a trailer, semitrailer, house trailer, or drawn motor vehicle that is operated in compliance with the federal motor carrier safety regulations.

(e)

In this section, "safety chains" means flexible tension members connected from the front of a drawn vehicle to the rear of the drawing vehicle to maintain connection between the vehicles if the primary connecting system fails.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.113(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1357, Sec. 1, eff. Sept. 1, 1999.
Sec. 545.411. USE OF REST AREA: OFFENSE. (a) A person commits an offense if the person remains at a rest area for longer than 24 hours or erects a tent, shelter, booth, or structure at the rest area and the person:

(1)

has notice while conducting the activity that the activity is prohibited; or

(2)

receives notice that the activity is prohibited but does not depart or remove the structure within eight hours after receiving notice.

(b)

For purposes of this section, a person:

(1)

has notice if a sign stating the prohibited activity and penalty is posted on the premises; or

(2)

receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense.

(c)

It is an exception to Subsection (a) if a nonprofit organization erects a temporary structure at a rest area to provide food services, food, or beverages to travelers and the Texas Department of Transportation:

(1)

finds that the services would constitute a public service for the benefit of the traveling public; and

(2)

issues a permit to the organization.

(d)

In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the Texas Department of Transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 545.412. CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE.

(a)

A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.

(b)

An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250.

(b-1)

Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 69.01(1), eff. September 28, 2011.

(c)

It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose.

(d)

Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 8.01.

(e)

This section does not apply to a person:

(1)

operating a vehicle transporting passengers for hire, excluding third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation; or

(2)

transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied.

(f)

In this section:

(1)

"Child passenger safety seat system" means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration.

(2)

"Passenger vehicle" means a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor.

(3)

"Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle.

(4)

"Secured," in connection with use of a safety belt, means using the lap belt and any shoulder straps according to the instructions of:

(A)

the manufacturer of the vehicle, if the safety belt is original equipment; or

(B)

the manufacturer of the safety belt, if the safety belt has been added to the vehicle.

(g)

A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Department of Licensing and Regulation, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Department of Licensing and Regulation under Chapter 1001, Education Code, that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes:

(1)

the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and

(2)

the requirements of this section and the penalty for noncompliance.

(h)

Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipalitys or countys fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.114(a), eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 618, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 910, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1042, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 204, Sec. 8.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 913 (H.B. 183), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 913 (H.B. 183), Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 255 (S.B. 61), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1257 (H.B. 537), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 69.01(1), eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1391 (H.B. 1294), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 68, eff. September 1, 2015.
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Last accessed
Nov. 13, 2019