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The Car Seat Rules

Transp. Code 545.412 — younger than eight, unless taller than four feet nine

In Texas, a person commits an offense by operating a passenger vehicle while transporting a child younger than eight years of age, unless the child is taller than four feet, nine inches, without keeping the child secured in a child passenger safety seat system according to the seat manufacturer's instructions.

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The questionWhat the section says
The questionWho it coversWhat the section saysA child younger than eight, unless taller than four feet, nine inches
The questionWhat the child rides inWhat the section saysA child passenger safety seat system meeting federal crash test standards, used per its maker's instructions
The questionThe offenseWhat the section saysA misdemeanor, fine of not less than $25 and not more than $250
The questionA defenseWhat the section saysDriving in an emergency or for a law enforcement purpose
  • It does not apply to a vehicle transporting passengers for hire, apart from certain contracted Medicaid transport.
  • It does not apply when every seating position with a safety seat or safety belt is occupied.
  • A passenger vehicle includes a car, light truck, sport utility vehicle, and a van designed for 15 or fewer passengers.
Sources for this section (1)
  1. Transp. Code 545.412 — Child passenger safety seat systems; offense

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

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