[HoustonHam] FW: New state laws

Wed Aug 12 02:44:17 EDT 2009

FYI, the wireless ban in school zones does NOT apply to amateur or
commercial licensed operators.the law (which is not quoted in full below)
defines a wireless communications device..and EXEMPTS Federally licensed
radio operators (which CB IS NOT btw..hasn't been since the 1980s when they
did away with operator and station license requirements!)...Basically going
after cell phone users!! SSOOO If you are on a cellphone and about to enter
a school zone, WATCH OUT.

Note the laws below are only as good as the paper they were written on and
how well they are enforced..Some of them in my opinion are ridiculous.some
are "WHY wasn't this done before???"

Note to Bill W5BC and Kelly N5STK, under the new law below, both could have
been ticketed for Bill riding in the back seat of the van without a seat
belt on!!! (Guess they gave in to the insurance lobby on that one!) Geee all
this economic problems and our lawmakers in Austin are concerned about your
health!! ;-\

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This is forwarded to you by the State of Texas State Operations Center
(SOC).

August 11, 2009

New traffic, criminal laws set to go into effect Sept. 1

HB 2730 is the DPS's Sunset Legislation, and many of the DPS-related bills
this session were included in HB 2730. Notable traffic and criminal laws
that go into effect on Sept. 1 (unless otherwise

indicated) include*:

*****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 and creates an adult driver education
requirement for applicants older than 18 and younger than 21.

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. 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.

*****Vehicle inspection:*

SB 589 requires that a vehicle equipment safety compliance label be placed
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 lead to a $1,000 fine.

*****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.

* Please keep in mind that this is not a complete list of all laws passed in
the past legislative session.

### (PIO 2009-40)

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