| 1 | 1 | | By: Ortiz, Jr., Chavez, Coleman, Cook, H.B. No. 662 |
|---|
| 2 | 2 | | Lucio III, et al. |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the operation of a motor vehicle by a person under 18 |
|---|
| 8 | 8 | | years of age while using a wireless communications device. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 545.424, Transportation Code, is amended |
|---|
| 11 | 11 | | by amending Subsections (a), (b), and (c) and adding Subsections |
|---|
| 12 | 12 | | (b-1) and (f) to read as follows: |
|---|
| 13 | 13 | | (a) A person under 18 years of age, during the six-month |
|---|
| 14 | 14 | | period following issuance of an original Class A, B, or C driver's |
|---|
| 15 | 15 | | license to the person, may not operate a motor vehicle: |
|---|
| 16 | 16 | | (1) after midnight and before 5 a.m. unless the |
|---|
| 17 | 17 | | operation of the vehicle is necessary for the operator to attend or |
|---|
| 18 | 18 | | participate in employment or a school-related activity or because |
|---|
| 19 | 19 | | of a medical emergency; or |
|---|
| 20 | 20 | | (2) with more than one passenger in the vehicle under |
|---|
| 21 | 21 | | 21 years of age who is not a family member[; or |
|---|
| 22 | 22 | | [(3) while using a wireless communications device]. |
|---|
| 23 | 23 | | (b) A person under 17 years of age who holds a restricted |
|---|
| 24 | 24 | | Class M [motorcycle license] or moped license, during the six-month |
|---|
| 25 | 25 | | period following the issuance of an original Class M [motorcycle |
|---|
| 26 | 26 | | license] or moped license to the person, may not operate a |
|---|
| 27 | 27 | | motorcycle or moped[: |
|---|
| 28 | 28 | | [(1)] after midnight and before 5 a.m. unless: |
|---|
| 29 | 29 | | (1) [(A)] the person is in sight of the person's parent |
|---|
| 30 | 30 | | or guardian; or |
|---|
| 31 | 31 | | (2) [(B)] the operation of the vehicle is necessary |
|---|
| 32 | 32 | | for the operator to attend or participate in employment or a |
|---|
| 33 | 33 | | school-related activity or because of a medical emergency. |
|---|
| 34 | 34 | | (b-1) A person under 18 years of age who holds a Class A, B, |
|---|
| 35 | 35 | | or C driver's license may not operate a motor vehicle, and a person |
|---|
| 36 | 36 | | under 17 years of age who holds a restricted Class M or moped |
|---|
| 37 | 37 | | license may not operate a motorcycle or moped, [; or |
|---|
| 38 | 38 | | [(2)] while using a wireless communications device |
|---|
| 39 | 39 | | unless the wireless communication device is used in case of an |
|---|
| 40 | 40 | | emergency. |
|---|
| 41 | 41 | | (c) Subsections (a) and (b) do [This section does] not apply |
|---|
| 42 | 42 | | to: |
|---|
| 43 | 43 | | (1) the holder of a hardship license; or |
|---|
| 44 | 44 | | (2) a person operating a motor vehicle while |
|---|
| 45 | 45 | | accompanied in the manner required by Section 521.222(d)(2) for the |
|---|
| 46 | 46 | | holder of an instruction permit. |
|---|
| 47 | 47 | | (f) In this section, "wireless communication device" means |
|---|
| 48 | 48 | | a hand-held or hands-free device that uses commercial mobile |
|---|
| 49 | 49 | | service, as defined by 47 U.S.C. Section 332. |
|---|
| 50 | 50 | | SECTION 2. Section 543.204, Transportation Code, is amended |
|---|
| 51 | 51 | | by adding Subsection (a-1) to read as follows: |
|---|
| 52 | 52 | | (a-1) A justice of the peace or municipal judge may not |
|---|
| 53 | 53 | | submit a written record of a conviction under Section 545.424. |
|---|
| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|