(a) A person may not operate a truck, road tractor, or truck tractor when another person occupies a trailer or semitrailer being drawn by the truck, road tractor, or truck tractor.
(b) It is a defense to prosecution under this section that:
(1) the person was operating or towing the vehicle:
(A) in a parade or in an emergency;
(B) 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; or
(C) 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;
(2) the person operating or towing the vehicle did not know that another person occupied the trailer or semitrailer; or
(3) the person occupying the trailer or semitrailer was in a part of the trailer or semitrailer designed for human habitation.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.22

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Terms Used In Texas Transportation Code 545.4191

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) An offense under this section is a Class B misdemeanor.