(a) A person commits an offense if the person:

     (1) is at least 15 years of age;

     (2) is riding in the front seat of a passenger car while the vehicle is being operated;

     (3) is occupying a seat that is equipped with a safety belt; and

     (4) is not secured by a safety belt.

     (b) A person commits an offense if the person:

     (1) operates a passenger car or light truck that is equipped with safety belts; and

     (2) allows a child who is at least four years of age but younger than 15 years of age to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.

     (c) A passenger car or a seat in a passenger car is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts.

(§ 547.601. Safety Belts Required)

     A motor vehicle required by Chapter 548 to be inspected shall be equipped with front safety belts if safety belt anchorages were part of the manufacturer's original equipment on the vehicle.

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

     (d) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $50.

     (e) It is a defense to prosecution under this section that:

     (1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

     (2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

     (3) the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle or that requires frequent entry into and exit from a vehicle;

     (4) the person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle; or

     (5) the person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty for that company requiring the operator to frequently enter into and exit from a vehicle.

     (f) The department shall develop and implement an educational program to encourage the wearing of safety belts and to emphasize:

     (1) the effectiveness of safety belts and other restraint devices in reducing the risk of harm to passengers in motor vehicles; and

     (2) the requirements of this section and the penalty for noncompliance.

     (g) Use or nonuse of a safety belt is not admissible evidence in a civil trial, other than a proceeding under Subtitle A or B, Title 5, Family Code.

     (h) In this section:

     (1) "Passenger car" includes a truck with a manufacturer's rated carrying capacity of not more than 1,500 pounds.

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

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 30.115(a), eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 316, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 515, § 1, eff. Sept. 1, 1999.