Texas restraint law scales with a child’s age, weight, and height. The legal floor is set by statute, but the safest practice follows the seat manufacturer’s instructions, which often go further than the law requires.
What the Law Requires
Tex. Transp. Code Sec. 545.413 makes it an offense for a person 15 or older to ride without a seat belt. It is also an offense to allow anyone 17 or younger to ride without a seat belt or an appropriate child passenger seat system. The statute lists exceptions and authorizes a public education campaign.
These are misdemeanors, not jail offenses on their own. A rider 15 or up without a belt faces a $25 to $50 fine. An adult who allows an improperly restrained child faces a $100 to $200 fine. But if an unrestrained child is ejected or injured in a crash, the driver can face child endangerment charges.
Choosing the Right Restraint by Size
Restraint type changes as a child grows:
- Under 1 year and under 20 lbs.: rear-facing infant seat in the back
- Under 1 year and under 30 lbs.: rear-facing convertible seat in the back
- 1 year and up, 20-40 lbs.: front-facing convertible seat in the back
- 1 year and up, 30-40 lbs.: booster seat with a harness in the back
- Over 40 lbs. and under 4’9”: booster without a harness, with a lap/shoulder belt
- Over 4’9”: lap/shoulder seat belt
- Under 13: always in the back seat
Keep a child in each stage as long as the manufacturer’s instructions allow.
When a Seat Belt Alone Is Enough
A standard belt fits an older child only when all of these are true: their back rests against the seat back, their knees bend over the seat edge, the shoulder belt crosses the shoulder and chest (not the neck), the lap belt sits low on the thighs (not the waist), and they can hold that position for the whole trip. If any answer is no, the child still needs a booster.
Maintenance and Recalls
Register every seat with its maker so you are notified of recalls. The NHTSA and the National Child Passenger Safety Certification both publish recall lists. Never buy a used seat from a stranger, since a prior crash can quietly destroy its protection. Install seats tightly — press down with one hand while tightening the straps with the other.
Even a perfectly installed seat does not guarantee a child walks away unhurt. If a crash injures your child, a Texas injury lawyer can help you pursue the at-fault driver while you focus on recovery.