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Texas Child Seat and Seat Belt Laws

Texas requires some form of restraint for every child under 17. Riders 15 and older must wear a seat belt, and anyone 17 or younger must be in a seat belt or an age- and size-appropriate child passenger seat. Violations are misdemeanors carrying fines, and an unrestrained child injured in a crash can expose the driver to child endangerment charges.

Last reviewed: June 5, 2026

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.

Frequently Asked Questions

What is the fine for not restraining a child in Texas?
An adult who lets someone 17 or younger ride without proper restraint commits a misdemeanor punishable by a fine of $100 to $200. A rider 15 or older caught without a seat belt faces a fine of $25 to $50.
Do child car seats expire?
Yes. Most seats have an expiration date stamped on the side. If none is listed, assume the seat expires six years after its manufacture date. Replace any seat that has been in a crash, because the impact can use up its safety features.
Can children ride in the front seat in Texas?
Children under 13 should always ride in the back seat. If a vehicle has no back seat, the safest option is to transport the child in another vehicle; otherwise the front airbag must be turned off, especially for a rear-facing infant seat.

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