Booster seat requirements in Texas
A car seat or booster until age 8.
Unless the child is taller than 57 inches (4 ft 9 in), which ends the requirement whatever their age.
- Seat belt alone from
- age 8
Every figure on this page was read at Tex. Transp. Code § 545.412 on 4 October 2026. Read the statute
What the Texas booster seat law says
The stages below are separate rules in the statute, not one rule in steps.
| Rule | Figure | What Texas requires |
|---|---|---|
| Car seat or booster | under 8 years | Until age 8, unless the child is taller than 57 inches (4 ft 9 in). |
| Adult seat belt alone | from 8 years | Lawful from age 8, or once the child reaches more than 57 inches (4 ft 9 in). |
| Penalty | no figure | No amount recorded. Condition A misdemeanor punishable by a fine of not less than $25 and not more than $250. The statute sets no separate figure for a first offense. Under section 545.4121 it is a defense that the driver had no safety seat in the vehicle, was not cited for anything else, was not in a collision, and obtained an appropriate seat afterwards. Under 545.412(h) a municipality or county sends the comptroller half of what it collects, for deposit to the credit of the tertiary care fund for use by trauma centers. |
Size ends the requirement, whichever comes first. A child who is taller than 57 inches (4 ft 9 in) is out of the booster in Texas whatever their age. A child who has not reached that stays in one until age 8. The size is an escape from the age rule rather than a second thing that also has to be true.
Where this and size guidance disagree, follow the stricter one. A belt that crosses the neck rather than the middle of the chest is worse protection than a booster even where the statute allows it.
The statute
Texas sets this in Tex. Transp. Code § 545.412. Read it at the source.
This is information, not legal advice. A city or county in Texas can set a stricter rule than the state one, and an officer enforces the text of the statute rather than a summary of it. Where this page and the statute differ, the statute is right and this page is a bug.
Where this comes from
- Statute
- Tex. Transp. Code § 545.412
- Source
- tcss.legis.texas.gov
- Jurisdiction
- Texas (TX), state law only
- Last reviewed
- 4 October 2026 0 days ago
- Read at the statute
- 4 October 2026
- Signed off by a person
- Not yet
- Amendment history
- Last amended by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.68(12), effective 1 June 2023. The document itself prints no currency line, but the chapter already carries sections added by the 89th Legislature, Regular Session, 2025.