Texas Child Restraint Law, Sec. 545.412.

Chapter 545. Operation and Movement of Vehicles

Sec. 545.412. Child Passenger Safety Seat Systems; Offense.

Text

(a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than five years of age and less than 36 inches in height, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.

If a child is younger than 5, yet... 36 inches or taller. Wouldn't that make this statement false? How would this hold up in court?

General rules of statutory construction usually require that BOTH components must be present when the conjunction "and" is used, or there is no infraction or violation. (It's hard to believe, but there are exceptions to that rule.) But, if your child is over 36" tall OR over 5 years old, I'd say you're within the law. Personally, I'd ALWAYS have them in a car seat.

blewis,

Thank you for the clarification.

Regards,
pd