| 1 | 1 | | 81R4789 TRH-D |
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| 2 | 2 | | By: Menendez H.B. No. 1649 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the operation of a motor vehicle by a person under 18 |
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| 8 | 8 | | years of age while using a wireless communications device; |
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| 9 | 9 | | providing a penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 545.424, Transportation Code, is amended |
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| 12 | 12 | | by amending Subsections (a), (b), and (c) and adding Subsections |
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| 13 | 13 | | (b-1), (f), and (g) to read as follows: |
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| 14 | 14 | | (a) A person under 18 years of age, during the six-month |
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| 15 | 15 | | period following issuance of an original Class A, B, or C driver's |
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| 16 | 16 | | license to the person, may not operate a motor vehicle: |
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| 17 | 17 | | (1) after midnight and before 5 a.m. unless the |
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| 18 | 18 | | operation of the vehicle is necessary for the operator to attend or |
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| 19 | 19 | | participate in employment or a school-related activity or because |
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| 20 | 20 | | of a medical emergency; or |
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| 21 | 21 | | (2) with more than one passenger in the vehicle under |
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| 22 | 22 | | 21 years of age who is not a family member[; or |
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| 23 | 23 | | [(3) while using a wireless communications device]. |
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| 24 | 24 | | (b) A person under 17 years of age who holds a restricted |
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| 25 | 25 | | Class M [motorcycle] license or moped license, during the six-month |
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| 26 | 26 | | period following the issuance of an original Class M [motorcycle |
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| 27 | 27 | | license] or moped license to the person, may not operate a |
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| 28 | 28 | | motorcycle or moped [: |
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| 29 | 29 | | [(1)] after midnight and before 5 a.m. unless: |
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| 30 | 30 | | (1) [(A)] the person is in sight of the person's parent |
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| 31 | 31 | | or guardian; or |
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| 32 | 32 | | (2) [(B)] the operation of the vehicle is necessary |
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| 33 | 33 | | for the operator to attend or participate in employment or a |
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| 34 | 34 | | school-related activity or because of a medical emergency. |
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| 35 | 35 | | (b-1) A person under 18 years of age who holds a Class A, B, |
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| 36 | 36 | | or C driver's license may not operate a motor vehicle, and a person |
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| 37 | 37 | | under 17 years of age who holds a restricted Class M or moped |
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| 38 | 38 | | license may not operate a motorcycle or moped, [; or |
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| 39 | 39 | | [(2)] while using a wireless communications device, |
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| 40 | 40 | | regardless of whether the device is equipped with a hands-free |
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| 41 | 41 | | device. |
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| 42 | 42 | | (c) Subsections (a) and (b) do [This section does] not apply |
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| 43 | 43 | | to: |
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| 44 | 44 | | (1) the holder of a hardship license; or |
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| 45 | 45 | | (2) a person operating a motor vehicle while |
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| 46 | 46 | | accompanied in the manner required by Section 521.222(d)(2) for the |
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| 47 | 47 | | holder of an instruction permit. |
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| 48 | 48 | | (f) It is an affirmative defense to prosecution under |
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| 49 | 49 | | Subsection (b-1) that the wireless communication device was used to |
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| 50 | 50 | | make an emergency call to: |
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| 51 | 51 | | (1) an emergency response service, including a rescue, |
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| 52 | 52 | | emergency medical, or hazardous material response service; |
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| 53 | 53 | | (2) a hospital; |
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| 54 | 54 | | (3) a fire department; |
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| 55 | 55 | | (4) a health clinic; |
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| 56 | 56 | | (5) a medical doctor's office; |
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| 57 | 57 | | (6) an individual to administer first aid treatment; |
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| 58 | 58 | | or |
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| 59 | 59 | | (7) a law enforcement agency. |
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| 60 | 60 | | (g) An offense under Subsection (b-1) is a misdemeanor |
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| 61 | 61 | | punishable by a fine of: |
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| 62 | 62 | | (1) not less than $25 or more than $100 if the offense |
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| 63 | 63 | | occurs outside a school crossing zone; or |
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| 64 | 64 | | (2) not less than $125 or more than $200 if the offense |
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| 65 | 65 | | occurs within a school crossing zone. |
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| 66 | 66 | | SECTION 2. The change in law made by this Act applies only |
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| 67 | 67 | | to an offense committed on or after the effective date of this Act. |
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| 68 | 68 | | An offense committed before the effective date of this Act is |
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| 69 | 69 | | governed by the law in effect when the offense was committed, and |
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| 70 | 70 | | the former law is continued in effect for that purpose. For |
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| 71 | 71 | | purposes of this section, an offense was committed before the |
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| 72 | 72 | | effective date of this Act if any element of the offense was |
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| 73 | 73 | | committed before that date. |
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| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2009. |
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