Sec. 545.414. 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.
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