Understanding Texas’ Car Seat Laws

LAW BLOG  •

November 19, 2019

As a child’s parent or guardian, it is vital to obey Texas’ car seat laws. Breaking the law could not only result in legal trouble such as a ticket and fine but also put your child’s life at risk. Studies show using an appropriate safety seat can drastically reduce a child’s risk of suffering fatal injuries in a car accident. As a leading cause of childhood death, it is important for parents to reduce this risk by using car seats. All states have specific laws mandating the use of child safety seats while vehicles are in operation.

Four Phases of Child Vehicle Safety Seats

In 2017, the Centers for Disease Control and Prevention reported 675 car accident fatalities of children 12 years old and younger throughout the U.S., as well as nearly 116,000 injuries. Some parents and guardians may have had the ability to save their children’s lives by properly buckling them into safety seats. In 2017, 35% of children who did not survive car accidents were not buckled up. Texas has laws in place requiring drivers to properly buckle children up to help prevent child car accident deaths. These requirements have four separate phases.

  1. Rear-facing car seat. National best practice recommendations say to use a rear-facing car seat for newborns up to at least two years old. Continue using a rear-facing seat until your child outgrows its height or weight maximum.
  2. Forward-facing car seat. Graduate your child to a forward-facing car seat at the right time. A forward-facing car seat is usually appropriate until the child is four years old or older, according to the specifications of the seat. Rear- and forward-facing car seats should go in the backseat.
  3. Booster seat. Once your child is four years old and at least 40 pounds, switch your child out of a car seat and into a booster seat. A booster seat enables an adult lap and shoulder bit to fit snugly and correctly over the child. The vehicle must have both a lap and a shoulder belt to use a booster seat.
  4. Adult safety belt. Your child should continue using a booster seat until he or she is at least 4’9,” usually at the age of 10 to 12. Only then will the adult seat belt fit properly over your child’s upper thighs and shoulder.

The longer a child stays in each phase, the better for his or her safety. Keep your child in each type of seat until the child reaches the maximum limits before graduating to the next. Texas Transportation Code section 545.412 makes it a misdemeanor offense to drive a passenger vehicle with a child younger than 8 (unless the child is taller than 4’9”) without securing the child in a proper safety seat system. This offense is punishable by a fine of $25 to $250. A judge may choose to place a defendant on probation for breaking the car seat law or require the defendant to attend a special safety course as well.

Proper Installation and Use

It is not enough for a parent or guardian to invest in the correct type of car seat or booster seat. The parent must also install and use the safety seat system according to the manufacturer’s instructions. Installing a seat incorrectly or failing to buckle your child safely into it could break Texas’ car seat law, even if you have the seat itself. If you need assistance installing or learning how to use a car seat, visit a free inspection station near you. Several children’s hospitals and other organizations offer free car seat inspections.

As a general rule, do not purchase a used car seat. Car seats can degrade in quality and safety over time, especially if exposed to bright sunlight. The plastic could crack or weaken, exposing your child to serious risks of harm. Purchase a new car seat that complies with all federal safety regulations. Seek financial aid or programs for parents who cannot afford car seats if money is an issue. It is also in your child’s best interest to check for car seat recalls before you buy. Some models may contain defects that compromise their ability to protect your child.

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