By: Ortiz, Jr., Chavez, Coleman, Cook, H.B. No. 662
Lucio III, et al.
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 communication device is used 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, "wireless communication device" means
a hand-held or hands-free device that uses commercial mobile
service, as defined by 47 U.S.C. Section 332.
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.