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Which children must ride in a car seat or booster in Texas?

A woman driver wearing a seat belt in a car, with a young child buckled into a harnessed child safety seat in the back seat.

A 6-year-old who is 4 feet 4 inches tall is riding in your car in Texas. What does the law require?

Answer choices

The answer

A child younger than 8 must ride in a child safety seat system unless the child is taller than 4 feet 9 inches. At age 8 the law allows the adult belt, whatever the height.

The seat must be used and installed following the manufacturer's directions. TxDOT and DPS advise keeping a child in a booster until the adult belt fits properly, often around 4 feet 9 inches and ages 8 to 12.

Texas requires drivers and all passengers to wear seat belts. A single belt may not be used for two people.

Exceptions

  • The DPS FAQ lists taxis, limousines, hired shuttles and public transit buses as exempt, along with vehicles where every belted seat is already occupied.
  • A child taller than 4 feet 9 inches may use the adult belt before age 8.

Penalty

TxDOT states the driver can be fined up to $250 if children are not properly secured.

Why this rule matters for safety

Adult belts are built for adult bodies. A booster raises a child so the lap belt sits low on the thighs and the shoulder belt crosses the chest, not the neck or stomach.

Official sources

  • Occupant Safety Program Frequently Asked Questions · Texas Department of Public SafetyYounger-than-8 and 4 feet 9 inch rule, exemptions and belt rules. The FAQ is dated August 20, 2020; the same rule appears on the newer TxDOT pages.
  • Child Passenger Safety · Texas Department of TransportationUnder-8 rule and the fine of up to $250. No date shown other than a 2026 copyright.
  • Seat belt and car seat guidelines · Texas Department of TransportationSeat belt fit and best-practice stages. This page does not state the legal thresholds or fines.

Rules checked against these sources on . Laws change. Confirm with the Texas agency before you rely on this for a legal matter.

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