RIDING IN OPEN BEDS; OFFENSE


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.