HB 5040

relating to the operation of a motor vehicle while another person
rides in or on a portion of the vehicle not for passenger use;
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
(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
(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
SECTION 2.  This Act takes effect September 1, 2025.