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Bill

Bill

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; creating a criminal offense.

89th Legislature (2025) Introduced by A.J. Louderback

Texas bill criminalizes vehicle operators who permit passengers to ride in non-passenger areas like truck beds, targeting unsafe riding practices but potentially affecting agricultural and rural operations.

Referred to Transportation
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Bill Summary · HB 5040

Legislative bill overview

HB 5040 creates a new criminal offense in Texas for operating a motor vehicle while allowing another person to ride in or on a portion of the vehicle not designed for passenger use. This would criminalize practices like riding in truck beds, on tailgates, or other non-passenger areas while the vehicle is in motion.

Why is this important

Vehicle safety data shows that unrestrained passengers in non-designated areas face significantly higher injury and fatality risks during accidents or sudden stops. This bill attempts to reduce preventable deaths and injuries by establishing legal consequences for operators who permit such dangerous riding practices.

Potential points of contention

  • Rural and agricultural impact: Farmers and ranchers commonly transport workers or family members in truck beds during short-distance farm operations, which could face criminal liability under this broad language
  • Enforcement and constitutionality questions: The bill's language ("rides in or on a portion of the vehicle not for passenger use") may be vague, raising concerns about selective or inconsistent enforcement
  • Severity of penalty: The bill text doesn't specify what criminal offense level applies, leaving uncertainty about whether this warrants misdemeanor charges with potential jail time or fines

Compiled from official sources — confirm details with the bill’s official record.

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