New Traffic Laws Take Effect

Driving-related legislation taking effect September 1, 2009:

Seatbelts:
HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.
SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.
Driving:
HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.
HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.

HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.)
HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident.
SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.
Concealed handgun:
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.
HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)
HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.
Driver license:
HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual’s 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving, prohibited use of wireless communication devices and a limited number of passengers.
HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 after TEA develops criteria for curriculum. (Goes into effect May 1, 2010)
SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)
SB 328 gives DPS the power to suspend a minor’s driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter 524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100.
HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile’s driver license or permit to be suspended.
HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant’s residence address has also been provided, with some exceptions.
Crime:
HB 558 allows minors to be charged with public intoxication.
HB 2386 allows courts to immediately seal juvenile criminal records if the juvenile successfully completes a drug court program, or another special program ordered by the court.
HB 1282 makes it a Class B misdemeanor to steal a driver license, commercial driver license or personal identification.
SB 554 makes it illegal to own or possess dog-fighting equipment and establishes that such equipment and property where dogs are found to be engaged in dog fighting is contraband and is subject to forfeiture. The law also makes dog-fighting subject to the elevated penalties authorized in the Texas Penal Code, Section 71.02(a), in an effort to deter organized criminal activity.
HB 1813 makes it a third-degree felony to tamper with forensic, medical, chemical, toxicological and ballistic reports, as well as reports of certification, inspection or maintenance of instruments used to examine or test physical evidence. (Currently, someone who does this can only be charged with a state jail felony.)
HB 358 allows law enforcement authorities to store only a small part of gambling machines that have been seized, instead of storing the whole machine. They would be able to remove and store just the computer chips in gambling machines, which are the core of the machines and contain the information necessary for prosecutions to go forward.
Registered sex offenders:
SB 689 restricts Internet usage by certain registered sex offenders, and requires registered sex offenders to provide information about their e-mail addresses when they register.
Motorcycles etc.:
Senate Bill 1967 requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program. Current law requires a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. As of Sept. 1,the minimum amount is removed. The bill requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The law also increases the penalty for failure to yield the right-of-way if there is a crash that results in injury to a person other than the motorcycle operator.

Miscellaneous:
HB 2730 increases the fine for a parking violation at the state Capitol from $10 to $25, and increases the late fee from $2 to $5.
SB 1188 authorizes a Texas resident to buy firearms, ammunition or firearms accessories in any other state, not just those contiguous to Texas, to reflect updated federal statutes.
SB 589 requires that window installers place a vehicle equipment safety compliance label on a windshield, side or rear window stating that the window tinting complies with the appropriate provisions of the Transportation Code. Failing to place the required label on the vehicle could now lead to a $1,000 fine for the window installer.

................................AS OF 2005-2009......................................

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