81R4789 TRH-D
By: Menendez H.B. No. 1649
A BILL TO BE ENTITLED
AN ACT
relating to the operation of a motor vehicle by a person under 18
years of age while using a wireless communications device;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.424, Transportation Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsections
(b-1), (f), and (g) to read as follows:
(a) A person under 18 years of age, during the six-month
period following issuance of an original Class A, B, or C driver's
license to the person, may not operate a motor vehicle:
(1) after midnight and before 5 a.m. unless the
operation of the vehicle is necessary for the operator to attend or
participate in employment or a school-related activity or because
of a medical emergency; or
(2) with more than one passenger in the vehicle under
21 years of age who is not a family member[; or
[(3) while using a wireless communications device].
(b) A person under 17 years of age who holds a restricted
Class M [motorcycle] license or moped license, during the six-month
period following the issuance of an original Class M [motorcycle
license] or moped license to the person, may not operate a
motorcycle or moped [:
[(1)] after midnight and before 5 a.m. unless:
(1) [(A)] the person is in sight of the person's parent
or guardian; or
(2) [(B)] the operation of the vehicle is necessary
for the operator to attend or participate in employment or a
school-related activity or because of a medical emergency.
(b-1) A person under 18 years of age who holds a Class A, B,
or C driver's license may not operate a motor vehicle, and a person
under 17 years of age who holds a restricted Class M or moped
license may not operate a motorcycle or moped, [; or
[(2)] while using a wireless communications device,
regardless of whether the device is equipped with a hands-free
device.
(c) Subsections (a) and (b) do [This section does] not apply
to:
(1) the holder of a hardship license; or
(2) a person operating a motor vehicle while
accompanied in the manner required by Section 521.222(d)(2) for the
holder of an instruction permit.
(f) It is an affirmative defense to prosecution under
Subsection (b-1) that the wireless communication device was used to
make an emergency call to:
(1) an emergency response service, including a rescue,
emergency medical, or hazardous material response service;
(2) a hospital;
(3) a fire department;
(4) a health clinic;
(5) a medical doctor's office;
(6) an individual to administer first aid treatment;
or
(7) a law enforcement agency.
(g) An offense under Subsection (b-1) is a misdemeanor
punishable by a fine of:
(1) not less than $25 or more than $100 if the offense
occurs outside a school crossing zone; or
(2) not less than $125 or more than $200 if the offense
occurs within a school crossing zone.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2009.