81R18170 TRH-D
By: Ortiz, Jr., Chavez, Coleman H.B. No. 662
Substitute the following for H.B. No. 662:
By: Pickett C.S.H.B. No. 662
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.
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) and (f) 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
unless the wireless communications device is used:
(1) with a hands-free device; or
(2) in case of an emergency.
(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) In this section, "hands-free device" means speakerphone
capability or a telephone attachment or other piece of equipment,
regardless of whether permanently installed in the motor vehicle,
that allows use of the wireless communications device without use
of either of the operator's hands.
SECTION 2. Section 543.204, Transportation Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A justice of the peace or municipal judge may not
submit a written record of a conviction under Section 545.424.
SECTION 3. This Act takes effect September 1, 2009.