New Traffic Laws Take Effect

Driving-related legislation taking effect September 1, 2005:

SB 45 makes it a state jail felony to drive while intoxicated with a passenger younger than 15.

SB 193 requires drivers nearing stopped emergency vehicles-with lights activated -to either slow down or change lanes.

The law states a driver must either vacate the lane closest to the stopped emergency vehicle if the road has multiple lanes traveling in the same direction or slow down 20 miles per hour below the speed limit. (If the speed limit is below 25 mph the driver must slow down to 5 mph.)

Emergency vehicles include police, emergency medical service and fire vehicles.

A violation is punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

Having a video display that is visible from the driver’s seat is illegal. SB 209 expands the definition of video receiving equipment to include digital videodisc players, videocassette players or similar equipment. This equipment may be used only if it is located so that the video display is not visible from the operator’s seat.

HB 1326 automatically suspends for one year the driver license of anyone convicted of illegally racing on a public roadway. Before the license can be reinstated, the driver would have to complete 10 hours of community service. The punishment for illegal racing increases to a Class B misdemeanor. The law also increases the punishment for drivers who are racing drunk, who have open containers of alcohol in the vehicle when racing, who seriously injure or kill someone during the race or who have been convicted multiple times of illegal racing. Those offenses range from a Class A misdemeanor to a second-degree felony.

SB 439 makes it illegal to add reflective material, lights, emblems or anything else that changes the color of the license plate or makes it difficult to read the letters on the license plate. The name of the state where the vehicle is registered must be visible.

SB 613 suspends the driver license of anyone under the age of 21 who is convicted of the manufacture, delivery, possession, transportation or use of an abusable volatile chemical.

HB 2096 makes human trafficking a second-degree felony; if the person trafficked is younger than 14 years of age or the commission of the offense results in the death, the offense is a first-degree felony. The bill also makes it a Class B misdemeanor to transport a person in a trailer or semi-trailer.

HB 292 strengthens an existing law and allows a police office to have a blood or breath alcohol sample taken from a driver involved in an alcohol-related crash that kills or seriously injures another person, either in a motor vehicle or a boat.

SB 895 requires that a parent or family member participating in the Parent-Taught Driver Education Program have a valid license for the previous three years. The license cannot have been suspended, revoked or forfeited during the past three years for traffic-related violations.

SB 1445 amends the current law to allow limited use of electronic information from the magnetic strip on the back of driver licenses by banks-and Texas Parks and Wildlife and its vendors.

HB 148 makes it a Class A misdemeanor to manufacture, sell or possess a placard that is deceptively similar to a disabled parking placard without proper authorization. A person also commits a Class B misdemeanor if they knowingly park in a space designated for persons with disabilities using a counterfeit placard.

HB 1784 makes it an offense for a person to park their vehicle where it blocks a disabled access aisle that is designed to aid persons with disabilities.

HB 1330 allows an applicant to voluntarily list on their driver license or identification card any health condition that might impede communication with peace officers. The applicant must supply DPS with a written statement from a licensed physician. (NOTE: This law takes effect Jan. 1, 2004.)

HB 3588 increases the penalty for seriously injuring someone when illegally passing a school bus that is loading or unloading students to Class A misdemeanor.

Notable traffic and criminal laws that go into effect on September 1 (unless noted otherwise) include the following:

SB 1257 prohibits use of wireless communications devices (including cell phones) for the first six months after teenagers get their driver licenses. The bill also prohibits passenger bus drivers transporting minors from using wireless communications devices, except in emergencies or when the bus is stopped.

HB 51 requires an ignition interlock device if a driver’s blood alcohol level is determined to be .15 or more (upon conviction).

HB 1357 creates a six-month driver license (DL) suspension for a person convicted of providing alcohol to a minor (one year for second offense), and increases the DL suspension to one year for minors who are convicted of a second alcohol offense.

 

HB 1481 makes it a Class B misdemeanor if a person drives around a barricade where a warning sign or barricade has been placed because water is over any portion of a road, street or highway. It also specifically creates a traffic violation for driving around a barricade put in the roadway because of dangerous conditions.

HB 183 states that all children younger than 5 years of age (old law was younger than 4) and less than 36 inches tall are required to be in a child safety seat system. It also classifies safety seat infractions as moving violations for the first time.

SB 1005 provides that if a driver younger than 25 years of age commits a traffic offense classified as a moving violation, the judge must require the driver to complete a driving safety course—and, if the driver holds a provisional driver license (under 18 years of age), submit to a DPS road test. Failure by the driver to meet this requirement will result in a final conviction for that traffic offense.

HB 1484 specifies that a person commits a traffic offense if they are involved in a crash on the main lane, ramp, shoulder, median or adjacent area of a freeway and don’t move their vehicle to an area that minimizes interference with freeway traffic (assuming the vehicle is drivable).

HB 1596 clarifies the definition of neighborhood electric vehicles and motor assisted scooters and allows municipalities to regulate the use of motor assisted scooters on roadways and sidewalks.

SB 1257 disqualifies a person from operating a commercial motor vehicle if the person’s driving is determined to constitute an imminent hazard.

HB 754 increases the maximum fine to $500 for violating laws related to transporting loose material—and requires all commercial motor vehicles transporting aggregates or refuse to completely cover the load-carrying compartment.

SB 1258 specifies that an original commercial driver license or commercial driver learner’s permit expires in five years instead of six years.

HB 87 allows cities to lower residential speed limits from 30 mph to 25 mph in certain instances. This bill took effect immediately.

HB 2257 allows the TxDOT commission to establish a daytime speed limit of 80 miles per hour on I-10 or I-20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton or Ward counties. If established, this speed does not apply to truck tractors, trailers, semi trailers, or trucks, other than light trucks and light trucks pulling a trailer. This bill took effect immediately.

SB 1670 requires the Department of Insurance, in conjunction with TxDOT and other agencies, to establish a verification program for vehicle insurance in order to try and reduce the number of uninsured drivers.

HB 120 creates an organ donor education and registry program. Eventually, Texans will be able to indicate their wish to become an organ donor when they are issued or renew their driver license or ID card