Monitoring the Session

HB 5040

Louderback Bill Bans Roof Riding, Lets Adults Ride Truck Beds

Died in committee

Verdict: Smells

SmellsInitial review
Rep. AJ LouderbackRHouse 30
Both charges, and why
The hole

THE TEXT

“the person occupying the bed of the truck was 18 years of age or older.”

Bill text, introduced version (I)

Riding in an open pickup bed is the most familiar case of riding where passengers do not belong, and this defense lets every adult bed rider through. Riders on other parts of the vehicle remain covered, so the hole is partial.

The hole
Carve-out

THE TEXT

“was operating a vehicle used exclusively to transport solid, semisolid, or liquid waste”…

Bill text, introduced version (I)

The bill hands a defense to one industry, waste haulers, whose crews ride on the outside of trucks. This reads like a practical exception more than a favor.

Carve-out

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the operation of a motor vehicle while another person rides in or on a portion of the vehicle not for passenger use; creating a criminal offense.

Caption from analyzed text · version I.

Summary

Roof, hood, trunk: an offense. Bed rider 18 or older? A defense, garbage crews too.

The bill makes it an offense to drive a motor vehicle while someone rides in or on a part of the vehicle not meant for passengers, like a roof, hood, trunk or truck bed. It touches every Texas driver, with defenses for garbage truck crews, police, firefighters, ambulance and rescue workers, and for pickup drivers whose bed riders are 18 or older or who fall under an existing pickup-bed exception. On the ground, letting someone ride on the outside of a car becomes an offense starting September 1, 2025, while adults riding in an open pickup bed stay allowed.

Labels

Labels: CREATES AN OFFENSE. The caption of the graded version (introduced) reads: “relating to the operation of a motor vehicle while another person rides in or on a portion of the vehicle not for passenger use; creating a criminal offense.”NEVER GOT A HEARING. Filed Mar 13, 2025 and referred to the House Transportation committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB5040 · 2025-03-13

SOLD BY

ITEM

relating to the operation of a motor vehicle while another person rides in or on a portion of the vehicle not for passenger use; creating a criminal offense.

WHAT IT DOES

Roof, hood, trunk: an offense. Bed rider 18 or older? A defense, garbage crews too.

The bill makes it an offense to drive a motor vehicle while someone rides in or on a part of the vehicle not meant for passengers, like a roof, hood, trunk or truck bed. It touches every Texas driver, with defenses for garbage truck crews, police, firefighters, ambulance and rescue workers, and for pickup drivers whose bed riders are 18 or older or who fall under an existing pickup-bed exception. On the ground, letting someone ride on the outside of a car becomes an offense starting September 1, 2025, while adults riding in an open pickup bed stay allowed.

CHARGES

[x] THE HOLEanalysis confidence 45%

THE TEXT

“the person occupying the bed of the truck was 18 years of age or older.”

Bill text, introduced version (I)

Riding in an open pickup bed is the most familiar case of riding where passengers do not belong, and this defense lets every adult bed rider through. Riders on other parts of the vehicle remain covered, so the hole is partial.

[x] CARVE-OUTanalysis confidence 30%

THE TEXT

“was operating a vehicle used exclusively to transport solid, semisolid, or liquid waste”…

Bill text, introduced version (I)

The bill hands a defense to one industry, waste haulers, whose crews ride on the outside of trucks. This reads like a practical exception more than a favor.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Transportation
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Truth and Liberty PAC$50,000.00

Texans for Truth and Liberty PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 26, 2025 to Oct 6, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009033, 101071885.

Texas Trial Lawyers Association PAC$27,500.00

Texas Trial Lawyers Association PAC

$27,500.00

Cash
$27,500.00
Paid by others
$0.00
Total
$27,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 9, 2024 to Oct 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100988974, 101009033, 101059497, 101071885.

Texans for Lawsuit Reform PAC$25,000.00

Texans for Lawsuit Reform PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 30, 2026 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101071885.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Truth and Liberty PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 26, 2025 to Oct 6, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009033, 101071885.

×

Texas Trial Lawyers Association PAC

$27,500.00

Cash
$27,500.00
Paid by others
$0.00
Total
$27,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 9, 2024 to Oct 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100988974, 101009033, 101059497, 101071885.

×

Texans for Lawsuit Reform PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 30, 2026 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101071885.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 13, 2025

04/03/2025 H Referred to Transportation: Apr 3 2025 12:38PM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Transportation · Final status: Died in committee

Subjects

Crimes--Miscellaneous

Vehicles & Traffic--Rules of Road

Text

The text as introduced · 266 words

89R16244 AND-F

By: Louderback
H.B. No. 5040

A BILL TO BE ENTITLED

AN ACT

relating to the operation of a motor vehicle while another person

rides in or on a portion of the vehicle not for passenger use;

creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter I, Chapter 545, Transportation Code,

is amended by adding Section 545.4135 to read as follows:

Sec. 545.4135. RIDING IN OR ON PORTION OF MOTOR VEHICLE NOT

FOR PASSENGER USE. (a) A person commits an offense if the person

operates a motor vehicle while another person rides in or on a

portion of the vehicle not designated or intended for the use of a

passenger.

(b) It is a defense to prosecution of an offense under this

section that at the time of the offense the person:

(1) was operating a vehicle used exclusively to

transport solid, semisolid, or liquid waste and the vehicle was

being operated in connection with the removal or transportation of

solid, semisolid, or liquid waste; or

(2) was a peace officer or other person providing law

enforcement, firefighting, ambulance, medical, rescue, or other

emergency services.

(c) It is a defense to prosecution of an offense under this

section involving a person occupying the bed of an open-bed pickup

truck that at the time of the offense:

(1) the actor was operating the vehicle under a

circumstance described by Section 545.414(c); or

(2) the person occupying the bed of the truck was 18

years of age or older.

SECTION 2. This Act takes effect September 1, 2025.