HB5040 - Relating to the operation of a motor vehicle while another person rides in or on a portion of the vehicle not for passenger use; creating a criminal offense.

  89R16244 AND-F     By: Louderback H.B. No. 5040       A BILL TO BE ENTITLED   AN ACT   relating to the operation of a motor vehicle while another person   rides in or on a portion of the vehicle not for passenger use;   creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter I, Chapter 545, Transportation Code,   is amended by adding Section 545.4135 to read as follows:           Sec.   545.4135.     RIDING IN OR ON PORTION OF MOTOR VEHICLE NOT   FOR PASSENGER USE. (a) A person commits an offense if the person   operates a motor vehicle while another person rides in or on a   portion of the vehicle not designated or intended for the use of a   passenger.           (b)     It is a defense to prosecution of an offense under this   section that at the time of the offense the person:                 (1)     was operating a vehicle used exclusively to   transport solid, semisolid, or liquid waste and the vehicle was   being operated in connection with the removal or transportation of   solid, semisolid, or liquid waste; or                 (2)     was a peace officer or other person providing law   enforcement, firefighting, ambulance, medical, rescue, or other   emergency services.           (c)     It is a defense to prosecution of an offense under this   section involving a person occupying the bed of an open-bed pickup   truck that at the time of the offense:                 (1)     the actor was operating the vehicle under a   circumstance described by Section 545.414(c); or                 (2)     the person occupying the bed of the truck was 18   years of age or older.          SECTION 2.  This Act takes effect September 1, 2025.